What are the objects of administrative reconsideration review?

The legality and reasonableness of specific administrative acts as provided for in the Administrative Reconsideration Law.

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 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;

Article 7: Citizens, legal persons, or other organizations that believe that the following provisions on which a specific administrative act of an administrative organ is based are unlawful, may submit an application for review of the provisions to the administrative reconsideration organ when applying for administrative reconsideration of the specific administrative act:

a) the provisions of the *** department;

2) The provisions of the local people's ** at or above the county level and their work departments;

3) Provisions for the people of townships and towns.

The provisions listed in the preceding paragraph do not include the rules of ministries and committees and the rules of local people. The review of rules and regulations shall be handled in accordance with laws and administrative regulations.

Legal analyst: The review of the legality of administrative reconsideration includes: (1) the review of the legality of specific administrative acts. and (2) the review of abstract administrative acts. The people's courts hearing administrative cases are based on the facts and the law is the criterion.

Legal basis: Article 5 of the Administrative Litigation Law of the People's Republic of China states that the people's courts hearing administrative cases shall be based on the facts and the law shall be the criterion. Article 6 of the Administrative Litigation Law of the People's Republic of China provides that the people's courts hear administrative cases and review whether the acts of the head of the people's government are lawful before acceptance.

Legal Analysis:1The nature is 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, which determines the difference in the nature of their acts2The scope of the case is different. The scope of administrative reconsideration is greater than the scope of administrative litigation.

If it is within the scope of administrative litigation, it must be 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. 3.The criteria for review are different.

Both administrative reconsideration and administrative litigation take specific administrative acts as the object of review, but their review standards are different in rock type.

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 staff of Hongshan administrative organs have violated their lawful rights and interests, and 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 crude guesses of administrative conduct made by organizations authorized by laws, regulations, or rules.

Hello, it is a very simple question about what is the object of administrative reconsideration review, and I will give you a detailed answer to the relevant laws, I hope that the good key will be helpful to you. The legality and reasonableness of specific administrative acts as provided for in the Administrative Reconsideration Law. 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 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; (6) Where it is considered that an administrative organ has violated its lawful rights and interests by altering or abolishing an agricultural contract; 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 statutory requirements are met, and the administrative organ applies for a permit, a socks mountain license, a qualification certificate, a qualification certificate, or other certificates, or applies to an administrative organ for examination and approval or registration of relevant matters, but the administrative organ does not 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 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.

The objects of administrative reconsideration review are as follows:

1. Refusing to accept administrative punishment decisions 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 made by administrative organs;

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

3. Dissatisfied with the decision made by the administrative organ on the alteration, suspension or revocation of permits, licenses, qualification certificates, qualification certificates and other 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. Believing that the administrative organ has infringed upon the legitimate right to operate independently;

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

8. Where it is found that the statutory conditions are met, and the administrative organ applies for the issuance of permits, licenses, qualification certificates, qualification certificates, and other certificates, or applies to the administrative organ for examination and approval and 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;

Legal basisArticle 9 of the Administrative Reconsideration Law of the People's Republic of China.

Where citizens, legal persons, or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.

Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

Article 10: Citizens, legal persons, or other organizations applying for administrative reconsideration in accordance with this Law are applicants.

If a citizen who has the right to apply for administrative reconsideration dies, his close relatives may apply for administrative reconsideration. If a citizen who has the right to apply for administrative reconsideration is a person with no or limited capacity for civil conduct, his or her statutory person may apply for administrative reconsideration on his behalf. Where a legal person or other organization that has the right to apply for administrative reconsideration is terminated, the legal person or other organization that inherits its rights may apply for administrative reconsideration.

Other citizens, legal persons, or other organizations that have an interest in the specific administrative act for which administrative reconsideration is applied may participate in administrative reconsideration as a third party.

Where citizens, legal persons, or other organizations are dissatisfied with a specific administrative act of an administrative organ and apply for administrative reconsideration, the administrative organ that took the specific administrative act is the respondent.

The applicant and the third party may entrust the first person to participate in the administrative reconsideration on their behalf.

The main forms of review for administrative reconsideration are as follows:

1. You can apply in writing or orally; In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, administrative litigation requests, and the main facts, reasons, and time for applying for administrative reconsideration.

2. In principle, the form of administrative reconsideration examination is to take the form of written examination, but when the applicant makes a request or the organ in charge of legal work of the administrative reconsideration organ deems it necessary, it may investigate the situation with the relevant organizations and personnel, and listen to the opinions of the applicant, the respondent and the third party.

Administrative reconsideration review is a right authorized by law for administrative reconsideration organs.

The Administrative Reconsideration Law stipulates that one of the duties of the administrative reconsideration organ responsible for legal work is to "examine whether the specific administrative act of the respondent is lawful and appropriate"; Reconsideration review is a form of supervision by higher-level administrative organs and a system of self-correction of administrative organs at a higher level, through the review of specific administrative acts, to understand the legality and appropriateness of specific administrative acts, and to achieve the purpose of supervision;

Reconsideration and review is the need to protect the legitimate rights and interests of citizens, legal persons and other organizations. Through examination, the lawful rights and interests of citizens, legal persons and other organizations can be protected by correcting illegal and improper specific administrative acts. Reconsideration reviews include:

Legitimacy review and appropriateness review. As for what is reviewed by administrative reconsideration, it is only necessary to know that the scope of reconsideration review is broader than the scope of judicial review. Judicial review generally includes only a legality review, while omission does not include an adequacy review.