How to deal with illegal acts in the administrative reconsideration procedure

Hello: In China, the administrative reconsideration procedure enables the applicant to apply to the administrative reconsideration organ for a retrial of the handling decision, which is an important guarantee for the legal and efficient conduct of administrative reconsideration.

The administrative reconsideration procedure is the sum of the steps, forms, sequences, and time limits for an applicant for administrative reconsideration to apply for administrative reconsideration to the administrative reconsideration organ to make a reconsideration decision.

The specific procedures for administrative reconsideration are divided into four steps: application, acceptance, trial, and decision.

Where the losses caused by the administrative reconsideration procedure are illegally caused, the reconsideration organ shall compensate for them.

On April 27, the vice president of the administrative tribunal of the Supreme People's Court introduced that if the original administrative act is revoked, confirmed to be illegal or invalid, causing losses to the plaintiff, the administrative organ that took the original administrative act shall bear the responsibility for compensation; Where losses are caused to the plaintiff due to the illegal reconsideration procedure, the reconsideration organ shall bear the responsibility for compensation.

The Supreme People's Court will hold a press conference on the 27th to release the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Administrative Litigation Law of the People's Republic of China" (hereinafter referred to as the "Interpretation") and ask questions from reporters.

It stated that the new Administrative Litigation Law clearly stipulates that if the reconsideration organ decides to maintain the original administrative act, the administrative organ that took the original administrative act and the reconsideration organ are joint defendants. In this regard, the "Interpretation" clarifies the following issues:

The first is to determine the level of jurisdiction of the case with the administrative organ that took the original administrative act.

Second, the people's court shall review the legality of the reconsideration procedure at the same time as reviewing the legality of the original administrative act.

(3) Where the original administrative act is revoked, confirmed to be illegal, or invalid, causing losses to the plaintiff, the administrative organ that took the original administrative act shall bear the responsibility for compensation; Where losses are caused to the plaintiff due to the illegal reconsideration procedure, the reconsideration organ shall bear the responsibility for compensation.

Fourth, corresponding provisions are also made on the addition of defendants, the burden of proof, and the method of adjudication.

Summary. If there is an illegal act in the administrative reconsideration procedure, the party concerned may apply to the administrative organ at the next higher level or the people's court to determine that the administrative reconsideration procedure is illegal.

If there is an illegal act in the administrative reconsideration procedure, the parties may apply to the administrative organ at the next higher level or the people's court to find that the concealment procedure is illegal.

The specific procedure is as follows:1The parties concerned shall submit an application for administrative reconsideration to the administrative organ within the time limit for administrative reconsideration.

2.Administrative organs shall accept and examine applications for administrative reconsideration within the statutory time limit. Lack of dress up cavity 3

If a party believes that there is an illegal act in the administrative reconsideration procedure, it may apply to the administrative organ at the next higher level or the people's court for an administrative reconsideration determination that the procedure is illegal. The applicant shall submit the application within the statutory time limit and explain the reasons. 4.

The administrative organ at the level above or the people's court at the level above shall, within the statutory time limit for missing the interview, accept and review the application for the determination of illegal procedures for administrative reconsideration. If there is illegal conduct in the determination procedure, the reconsideration decision of the original administrative organ shall be revoked and the application for reconsideration shall be re-examined.

It should be noted that the application for the determination of the illegality of the administrative reconsideration procedure should be submitted within the statutory time limit, otherwise it will not be accepted. At the same time, the parties shall provide evidence to prove that there are illegal acts in the administrative reconsideration procedure.

What exactly is the problem of pro? Can you describe your problem in detail? Tell the teacher in detail so that the teacher can better help you. <>

Summary. Hello, I am honored to answer for you, if the administrative reconsideration procedure is illegal, the administrative reconsideration organ shall revoke, change or confirm that the specific administrative act made by the administrative organ is illegal; Where a decision is made to revoke or confirm that the specific administrative act is unlawful, the administrative organ may be ordered to make a new specific administrative act within a set period of time.

Hello. Hello, I am honored to answer for you, the administrative reconsideration organ should revoke the shirt, change or confirm the illegality of the specific administrative act made by the administrative organ; Where a decision is made to revoke or confirm that the specific administrative act is unlawful, the administrative organ may be ordered to make a new specific administrative act within a set period of time.

I applied for an administrative review.

It was found that the police station had made a false signature on my detention warrant.

Include signature, handprint, and time.

The acts that can apply for administrative reconsideration are as follows:1Refusing 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, or other administrative punishment decisions; 2.

Refusing to accept administrative compulsory measures such as restricting personal liberty or sealing, seizing, or freezing assets made by administrative organs; 3.Refusing to accept an administrative organ's decision to change, suspend, or revoke permits, licenses, qualification certificates, or other certificates that are absent from the accompaniment; 4.Refusing to accept the decision made by the 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.

Finding 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, 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 certificate, or an application to an administrative organ for approval or registration of relevant matters, but the administrative organ fails to handle 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 fails to do so in accordance with law; 11.

Will these benefit me for an administrative review?

Yes, but it needs to be seen in the context of the whole case.

Can you tell us more about the situation?

The neighbor walked the dog without a leash, did not apologize, and spoke badly, plus when I called the police, he hit me with a glass.

And then you hit each other?

Lawyer. If it is confirmed that the administrative act is illegal after administrative reconsideration, the administrative act will be revoked and the respondent will be ordered to make a new specific administrative act within a certain period of time.

After the responsible person of the administrative reconsideration organ agrees or collectively discusses and approves it, the administrative reconsideration shall be made in the following way: If a specific administrative act has circumstances prescribed by law, a decision shall be made to revoke, modify, or confirm that the specific administrative act is unlawful.

Extended knowledge] An application for suspension may be submitted for administrative reconsideration, but whether or not to agree depends on the opinion of the public security department. In practice, it is generally necessary to continue to detain and will not be affected. In accordance with the relevant legal provisions:

During the period of administrative reconsideration, the enforcement of specific administrative acts shall not be suspended. It is recommended to communicate with the public security department in a timely manner, cooperate with the payment of the deposit, and it is more likely that the enforcement will be suspended.

Legal basis. Article 28 of the Administrative Reconsideration Law stipulates that the organ responsible for legal work of the administrative reconsideration organ shall examine the specific administrative acts made by the respondent, put forward opinions, and make an administrative reconsideration decision in accordance with the following provisions with the consent of the person in charge of the administrative reconsideration organ or after collective discussion and approval:

1) Where the specific administrative firm is to determine that the facts are clear, the evidence is conclusive, the basis for application is correct, the procedures are lawful, and the content is appropriate, the decision is to be maintained;

2) If the respondent fails to perform its statutory duties, it shall be decided to perform within the time limit set by the respondent;

3) In any of the following circumstances, a decision is made to revoke, modify, or confirm that the specific administrative act is unlawful; Where a decision is made to revoke or confirm that the specific administrative act is unlawful, the respondent may be ordered to make a new specific administrative act within a certain period of time

1.The main facts are unclear and the evidence is insufficient;

2.The basis for application is wrong;

3.violating legal procedures;

4.exceeding or abusing authority;

5.The specific administrative act is clearly improper.

4) Where the respondent fails to submit a written reply in accordance with the provisions of Article 23 of this Law, or to submit evidence, basis, and other relevant materials for the specific administrative act at the time of the application, it shall be deemed that the specific administrative act has no evidence or basis, and a decision shall be made to revoke the specific administrative act.

Where the administrative reconsideration organ orders the respondent to make a new act of learning about the affairs of the respondent, the respondent shall not take a specific administrative act that is the same or basically the same as the original specific administrative act on the same facts and grounds.