What are the differences between administrative ruling, administrative reconsideration and administr

Administrative adjudication refers to a specific administrative act in which an administrative organ or a legally authorized organization is authorized by law to review and make a ruling on a specific civil dispute (dispute) that occurs between equal subjects and is closely related to administrative management activities. It's the act of **. It refers to an administrative act in which a citizen, legal person or other organization is dissatisfied with a specific administrative act made by an administrative entity, believes that the specific administrative act of an administrative entity infringes upon its legitimate rights and interests, and submits an application for reconsideration to the statutory administrative reconsideration organ in accordance with the law, and the administrative reconsideration organ conducts a review of the legality and appropriateness of the specific administrative act in accordance with the law, and makes an administrative reconsideration decision.

It is a method for citizens, legal persons or other organizations to resolve administrative disputes through administrative remedies. Although it is an administrative act, it is also a method for ordinary people to resolve disputes. Administrative litigation is a type of litigation procedure law that is often referred to as a "civil prosecutor."

It is a common name for administrative lawsuits.

1.Administrative adjudication refers to an administrative act in which an administrative organ is authorized by law to review and make a ruling on a civil dispute that occurs between the parties, which is closely related to administrative management activities and unrelated to the contract. Types of administrative rulings include:

2.Administrative reconsideration refers to the legal system in which citizens, legal persons or other organizations believe that the specific administrative acts of administrative organs infringe upon their legitimate rights and interests, and request the administrative reconsideration organs to review and make rulings on the specific administrative acts in accordance with the law. 3.

Administrative litigation refers to activities in which citizens, legal persons, or other organizations believe that the administrative acts of administrative organs or organizations authorized by laws or regulations infringe upon their lawful rights and interests, and request judicial protection from the people's courts in accordance with law, and the people's courts resolve administrative disputes within a specific scope by reviewing the legality of the administrative acts being sued. Wish.

Administrative adjudication refers to a specific administrative act in which an administrative organ or a legally authorized organization is authorized by law to review and make a ruling on civil disputes that occur between the parties, which are closely related to administrative management activities and unrelated to contracts.

Administrative reconsideration refers to an administrative act in which a citizen, legal person or other organization is dissatisfied with a specific administrative act taken by an administrative entity, believes that the specific administrative act of an administrative entity infringes upon its legitimate rights and interests, and submits an application for reconsideration to the statutory administrative reconsideration organ in accordance with the law, and the administrative reconsideration organ conducts a review of the legality and appropriateness of the specific administrative act in accordance with the law, and makes an administrative reconsideration decision.

Legal Analysis: Contact: is the way to resolve administrative disputes.

Differences: 1. The processing organs are different. The organs handling administrative reconsideration and administrative litigation are different, the former is an administrative organ, and the latter is a people's court, that is, a judicial organ.

2. The nature is different. The difference in the nature of their acts is determined by the difference in the handling organs: the reconsideration behavior of the administrative reconsideration organ is an administrative act, which is a kind of hierarchical supervision system within the administrative organ, and for the counterpart, it is a means of administrative remedy; However, the people's courts' activities in hearing administrative cases are judicial activities, which are the people's courts' supervision activities over administrative organs, and are the judicial review of administrative acts by the people's courts in the exercise of judicial power, which is a means of litigation relief for the administrative counterpart.

The former is regulated by the Administrative Procedure Law, i.e., the Administrative Reconsideration Law, while the latter is governed by the Procedural Law, i.e., the Administrative Litigation Law.

3. The scope of the case is different. The scope of administrative reconsideration is greater than the scope of administrative litigation. where it falls within the scope of administrative litigation, it must fall within the scope of administrative reconsideration; However, if it falls within the scope of administrative reconsideration, it may not be within the scope of administrative litigation.

The scope of administrative litigation is limited to personal rights and property rights: in addition to the infringement of personal rights and property rights by administrative acts, the scope of administrative reconsideration also includes the infringement of the right to education and other rights.

4. The review standards are different. Both administrative reconsideration and administrative litigation take specific administrative acts as the object of review, but their review standards are different. Administrative reconsideration examines the legality and appropriateness of specific administrative acts; In principle, administrative litigation only reviews the legality of specific administrative acts, and does not review inappropriate specific administrative acts.

In addition, the Administrative Reconsideration Law has expanded the scope of applications for reconsideration, so that the legitimate rights and interests of citizens, legal persons, or other organizations are more comprehensively protected.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 2: Citizens, legal persons, or other organizations that believe that the administrative acts of administrative organs and their staff infringe upon their lawful rights and interests have the right to file a lawsuit in the people's courts in accordance with this Law.

"Administrative acts" as used in the preceding paragraph includes administrative acts taken by organizations authorized by laws, regulations, or rules.

Administrative Reconsideration Law of the People's Republic of China Article 2 This Law shall apply to citizens, legal persons or other organizations that believe that a specific administrative act infringes upon their legitimate rights and interests and submit an application for administrative reconsideration to an administrative organ, and the administrative organ accepts the application for administrative reconsideration and makes an administrative reconsideration decision.

Legal analysis: Administrative litigation and administrative reconsideration are two parallel legal remedy systems. For citizens, legal persons and other organizations, administrative litigation and administrative reconsideration have the remedial function of protecting their legitimate rights and interests.

However, there is a difference between the two, and administrative reconsideration is an internal supervision system of administrative organs, which is carried out before administrative litigation. Administrative litigation is a judicial remedy, and the people's court makes a litigation ruling, which is the ultimate solution, also known as the principle of "judicial final relief". In terms of comparison between the two, first, in terms of effectiveness, administrative litigation is better than administrative reconsideration.

When an administrative reconsideration organ examines a specific administrative act on the basis of an application by an applicant for administrative reconsideration, it only exercises the power of administrative reconsideration, and cannot replace the judicial organ's exercise of an effective judicial ruling on an administrative dispute; Second, relying on administrative reconsideration organs to handle administrative disputes has shortcomings that are difficult for them to completely overcome. Because both the administrative reconsideration organ and the respondent are administrative organs, it is easy to fall into a preconceived situation, which will affect the correct judgment of facts and the correct understanding of laws and regulations. Under certain circumstances, due to the close relationship between the administrative organ and the respondent, or because of the administrative dispute itself, there may be a phenomenon of failure to correct the mistake of the respondent out of the erroneous thinking of covering up the respondent.

Therefore, stipulating that administrative reconsideration decisions should be subject to judicial review by the people's courts in principle reflects the value orientation of the law in protecting the litigation rights of reconsideration applicants, and also reflects the importance that the state attaches to the restraint mechanism between powers, and that placing administrative power fully under judicial supervision is conducive to prompting administrative reconsideration organs to handle administrative reconsideration cases fairly and in accordance with the law, and is also conducive to supervising the administrative functions and powers of the respondent in accordance with the law.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 1 This Law is enacted in accordance with the Constitution in order to prevent and correct illegal or improper specific administrative acts, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard and supervise the exercise of functions and powers by administrative organs in accordance with the law.

The difference between administrative reconsideration and administrative adjudication: 1. Administrative reconsideration has both the administrative and judicial nature of administrative organs to resolve disputes, and the nature of internal hierarchical supervision of administrative organs, and administrative adjudication is mainly an administrative judicial act. 2. The object of adjustment of administrative reconsideration is the administrative dispute within the scope of the law, and the object of adjustment of administrative adjudication is specific civil disputes related to administrative management powers.

3. The relationship between the basic law and the residual source law is different. 4. The basis of vertical tremor behavior and the scope of power are different.

Article 158 of the Interpretation of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China: After an administrative organ makes a ruling on a civil dispute between equal subjects in accordance with the authorization of the law, and the parties do not file a lawsuit and do not perform within the statutory time limit, and the administrative organ that made the ruling does not apply to the people's court for compulsory enforcement within the time limit for applying for enforcement, the rights holder determined by the effective administrative ruling or their heirs or successors may apply to the people's court for compulsory enforcement within six months. Citizens, legal persons, or other organizations enjoying rights applying to the people's courts for compulsory enforcement of effective administrative rulings are to refer to the provisions on administrative organs' applications to the people's courts for compulsory enforcement of administrative acts.

1. The administrative adjudication you mentioned should be divided into three types of adjudication: administrative judgment, ruling, and decision;

Decide which method to adjudicate according to different litigation procedures;

a. Judgments generally deal with substantive issues; b。Rulings generally apply to procedural issues; c. The decision is the handling of certain special matters in the administrative litigation.

2. Administrative reconsideration refers to the activity of an administrative organ to review the legality and appropriateness of a specific administrative act in accordance with the administrative reconsideration procedure and make a ruling to resolve administrative infringement disputes in accordance with the supervisory power of the higher-level administrative organ over the lower-level administrative organ, with the application and participation of the parties.

It is an administrative supervision system that provides legal remedies to citizens, legal persons and other organizations.

3. Administrative litigation is an activity in which the court resolves administrative disputes within a specific scope by reviewing the legality of administrative acts at the request of citizens, legal persons or other organizations.

Administrative litigation, civil litigation, and criminal litigation are the three major forms of litigation in China.