What are the circumstances under which administrative reconsideration cannot be initiated?

In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:

1) Refusing to accept administrative punishment decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production or business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, or other administrative punishment decisions;

2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets;

3) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates;

4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas;

5) Where it is found that an administrative organ has violated its lawful operational autonomy;

7) Where it is found that an administrative organ has illegally raised funds, expropriated property, or apportioned expenses, or illegally demanded the performance of other obligations;

8) Where it is found that the legally-prescribed requirements are met, and an application is made to an administrative organ for the issuance of a permit, license, qualification certificate, qualification certificate, or other such certificate, or an application to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law;

9) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or the right to education, but the administrative organ fails to perform it in accordance with law;

10) Where an application is made to an administrative organ for the issuance of a bereavement pension, social insurance fund, or minimum subsistence allowance in accordance with law, but the administrative organ does not issue it in accordance with law;

To sum up, all specific administrative acts can be dissatisfied with administrative reconsideration without any restrictions, regardless of the rights of citizens, legal persons or other organizations affected by specific administrative acts.

Matters that cannot be reconsidered are:

1. Administrative rules and regulations.

The abstract administrative acts of administrative subjects include administrative regulations, rules, and other decisions and orders with universal binding force formulated and issued by administrative subjects. Where the administrative counterpart is dissatisfied with the administrative rules in an abstract administrative act, it may be submitted to the relevant state organs, and the relevant state organs are to handle it in accordance with the relevant provisions of laws and administrative regulations.

2. Internal administrative acts.

An administrative entity may not apply for reconsideration if the person who is disposed of or disposed of is dissatisfied with the administrative sanction or other personnel handling decision made by the state civil servant to which it belongs, but may file an appeal in accordance with the provisions of relevant laws and administrative regulations.

3. Intermediary behavior.

The binding force of mediation and arbitration of civil disputes between citizens, legal persons or other organizations by an administrative entity on both parties depends on its voluntary acceptance, so if one party is not satisfied, it may file a lawsuit with the people's court or apply to the arbitration authority for arbitration, but cannot apply for administrative reconsideration.

Article 16 of the Administrative Reconsideration Law of the People's Republic of China Where a citizen, legal person or other organization applies for administrative reconsideration and the administrative reconsideration organ has already accepted it in accordance with the law, or if the law or regulation stipulates that it shall first apply to the administrative reconsideration organ for administrative reconsideration and then file an administrative lawsuit with the people's court if it is dissatisfied with the administrative reconsideration decision, it shall not file an administrative lawsuit with the people's court within the statutory administrative reconsideration period. Where citizens, legal persons, or other organizations initiate an administrative lawsuit in a people's court, and the people's court has already accepted it in accordance with law, they must not apply for administrative reconsideration. So let's extend this question to the next:

Article 3 of the Administrative Reconsideration Law of the People's Republic of China An administrative organ that performs administrative reconsideration duties in accordance with this Law is an administrative reconsideration organ. The organs responsible for the legal work of the administrative reconsideration organs shall specifically handle administrative reconsideration matters and perform the following duties: (1) Accepting applications for administrative reconsideration; (2) Investigate and collect evidence from relevant organizations and personnel, and consult documents and materials; (3) To examine the legality and appropriateness of the specific administrative acts applying for administrative reconsideration, and to formulate administrative reconsideration decisions; (4) Handling or transferring applications for review of the relevant provisions listed in Article 7 of this Law; (5) Submit recommendations for handling administrative organs' violations of the provisions of this Law in accordance with the scope of authority and procedures provided; (6) Handling matters in response to administrative litigation arising from dissatisfaction with administrative reconsideration decisions; (7) Other duties provided for by laws and regulations.

Personnel engaged in administrative reconsideration for the first time in administrative organs shall obtain legal professional qualifications through the National Unified Legal Profession Qualification Examination. Article 21: During the period of administrative reconsideration, the enforcement of specific administrative acts is not suspended; However, enforcement may be stopped under any of the following circumstances: (1) the respondent deems it necessary to stop enforcement; (2) The administrative reconsideration organ deems it necessary to stop enforcement; (3) The applicant applies for a suspension of enforcement, and the administrative reconsideration organ finds that the request is reasonable and decides to stop enforcement; (4) Where enforcement is suspended by law.

The above is a detailed legal explanation of the issue, please read it carefully.

Legal analysis: Administrative reconsideration is a kind of administrative supervision arising from the application act, and the following conditions must be met before administrative reconsideration can be initiated. First, the reconsideration must be filed due to an administrative dispute.

Administrative reconsideration is a dispute between an administrative organ and its administrative counterpart in the course of administrative management activities, and such a dispute can only occur in the course of an administrative organ's exercise of administrative functions. Second, the only people who have the right to apply for reconsideration are citizens, legal persons, and other organizations that believe that their legitimate rights and interests have been infringed upon by specific administrative acts. Third, citizens, legal persons, and other organizations may initiate administrative reconsideration if they believe that a specific administrative act of an administrative organ is illegal or improper and infringes upon their legitimate rights and interests.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 6 In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law: (1) Refusing to accept administrative punishment decisions made by administrative organs such as warnings, fines, confiscation of unlawful gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention, etc.; 2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets; 3) Refusing to accept a decision made by an administrative organ on the alteration, suspension, or revocation of permits, licenses, qualification certificates, qualification certificates, or other such certificates; 4) Refusing to accept a decision made by an administrative organ on confirming the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, tidal flats, and sea areas; 5) Where it is found that an administrative organ has violated its lawful operational autonomy; (6) Where it is found that an administrative organ has changed or abolished an agricultural contract, infringing upon its lawful rights and interests; 7) Where it is found that an administrative organ has illegally raised funds, expropriated property, or apportioned expenses, or illegally demanded the performance of other obligations; 8) Where it is found that the legally-prescribed requirements are met, and an application is made to an administrative organ for the issuance of a permit, license, qualification certificate, qualification certificate, or other such certificate, or an application to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ has not handled it in accordance with law; 9) Where an application is made to an administrative organ to perform a legally-prescribed duty to protect personal rights, property rights, or the right to education, but the administrative organ fails to perform it in accordance with law; 10) Where an application is made to an administrative organ for the issuance of a bereavement pension, social insurance fund, or minimum subsistence allowance in accordance with law, but the administrative organ does not issue it in accordance with law; (11) Where it is found that other specific administrative acts of an administrative organ have violated their lawful rights and interests.