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Article 39 of China's "Administrative Reconsideration Law" stipulates: "Administrative reconsideration organs shall not charge any fees to applicants when accepting an application for administrative reconsideration. The funds required for administrative reconsideration activities shall be included in the administrative expenses of the organ and shall be guaranteed by the finance department at the corresponding level.
As can be seen from the provisions of this article, citizens can apply for administrative reconsideration free of charge.
The Administrative Reconsideration Law of the People's Republic of China is formulated in accordance with the Constitution for the purpose of preventing and correcting illegal or improper specific administrative acts, protecting the legitimate rights and interests of citizens, legal persons and other organizations, and safeguarding and supervising the exercise of functions and powers by administrative organs in accordance with the law.
It was adopted by the Ninth Session of the Standing Committee of the Ninth National People's Congress on April 29, 1999, and came into force on October 1, 1999. The current version was amended by the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017.
Relevant Amendments
On April 29, 1999, it was adopted at the Ninth Session of the Standing Committee of the Ninth National People's Congress, promulgated by Order No. 16 of the President of the People's Republic of China on April 29, 1999, and came into force on October 1, 1999.
Amended for the first time in accordance with the Decision on Amending Some Laws of the 10th Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009.
Amended for the second time in accordance with the Decision on Amending the Judges Law of the People's Republic of China and Other Eight Laws at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017.
The above information reference: Encyclopedia - Administrative Reconsideration Law.
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Administrative decisions are notified.
Generally, it is the superior department of the administrative organ or to reach **.
Some can be sued directly in court.
The Administrative Reconsideration Law stipulates that there is no fee for reconsideration.
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to the higher level of jurisdiction. Provincial level to the same level. It generally doesn't cost anything.
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Summary. Hello! There is no charge for administrative review.
If they are not satisfied with the administrative reconsideration, they may file an administrative lawsuit with the local people's court. There is a fee for administrative litigation, which is about 100 yuan, and if you win the case, you will not have to bear the cost of litigation. The administrative agency that is sued will bear the costs of the proceedings.
Administrative litigation implements a system of reversal of evidence, which means that administrative organs have the obligation to present evidence, and if the evidence is not effective, the case will be lost.
Hello! There is no charge for administrative review. If they are not satisfied with the administrative reconsideration, they may file an administrative lawsuit with the local people's court.
There is a fee for administrative litigation, which is about 100 yuan, and if you win the case, you will not have to bear the cost of litigation. The lawsuit will be borne by the courtiers. The system of reversal of the presentation of evidence in administrative litigation means that the administrative organ has the obligation to present evidence, and if the evidence is not effective, it will lose the case.
Today, I received a message from the police station that I would detain me for five days tomorrow.
How can I not be detained, even after a year.
Hello! The notice is that the administrative organ informs the penalized person, his relatives, and the unit after deciding on the punishment and generating the punishment decision, and the punishment verifier has already generated and then arbitrarily changed the seriousness of the law, and the administrative organ will not arbitrarily change the legal documents made by the organ. Article 16 of the Law on Public Security Administration Penalties stipulates that:
Where there are two or more violations of the administration of public security, it is decided separately that Ness's will be combined. Where administrative detention punishments are to be combined, the longest is not to exceed 20 days. ”
I didn't have a notice here, but I suddenly called ** today and told me to be detained tomorrow for five days.
Is there any good way for me to do this?
The notice is usually delivered within 24 hours! It may not have been delivered yet.
If there is no notice?
Is there any other way for me? Thank you.
If the person is punished by administrative detention, the family shall be notified within 24 hours and this notice of administrative detention shall be issued; If a detainee is dissatisfied with the punishment of detention, he or she has the right to apply for administrative reconsideration or administrative litigation. Legal basis: Article 97 of the "Public Security Administration Punishment Law" The public security organ shall announce the public security administrative punishment decision to the person being punished, and deliver it to the person being punished on the spot; Where there is no way to make an announcement to the person being punished at the scene, it shall be served on the person being punished within 2 days.
Where it is decided that Senyou shall be given the punishment of administrative detention, the family of the person punished shall be promptly notified. Where there is a victim, the public security organ shall send a copy of the written decision to the victim. Article 98: Before public security organs make a public security administrative punishment decision to revoke permits or impose a fine of 2,000 RMB or more, they shall inform the violator of the public security administration that they have the right to request a hearing; Where the person who violates the law and counters the administration of public security requests a hearing, the public security organs shall promptly hold a hearing in accordance with law.
You can apply for administrative reconsideration.
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Administrative reconsideration needs to meet the following conditions: clear applicant and respondent, the application is filed within the statutory time limit, there are specific requests and reasons, it falls within the statutory scope of administrative reconsideration and acceptance, and the application for reconsideration is accepted for the first time.
Article 45 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations are dissatisfied with a reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period. Except as otherwise provided by law.
Article 46 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within six months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law. Where litigation on immovable property has elapsed more than 20 years since the date of the administrative act, and more than 5 years have elapsed since the date of the administrative act in other cases, the people's court will not accept it.
Legal analysis: (1) In accordance with the provisions of Article 18 of the Administrative Reconsideration Law, transfer the application for administrative reconsideration of the scumbag Hongguan; (2) Handling matters such as administrative compensation as provided for in Article 29 of the Administrative Reconsideration Law; (3) In accordance with the duties and powers of the register, supervise the acceptance of administrative reconsideration applications and the performance of administrative reconsideration decisions; (4) Handling administrative reconsideration, statistics on administrative response cases and filing of major administrative reconsideration decisions; (5) Handling or organizing the handling of administrative response matters that have been directly filed in an administrative lawsuit without administrative reconsideration; (6) To study the problems found in the administrative reconsideration work, to put forward suggestions for improvement to the relevant organs in a timely manner, and to report major problems to the administrative reconsideration organs in a timely manner. >>>More
The Administrative Reconsideration Law stipulates that under any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law: >>>More
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. >>>More
The Administrative Reconsideration Law stipulates that "if an administrative reconsideration organ orders the respondent to take a new specific administrative act, 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." ” >>>More
The scope of administrative reconsideration is larger than that of administrative litigation, and there are three main points; 1. The scope of administrative litigation is based on "specific administrative acts", and abstract administrative acts are excluded from all cases. Administrative reconsideration, on the other hand, includes the limited part of abstract administrative acts into the scope of reconsideration, and the so-called part refers to non-legislative normative documents other than laws and regulations; The so-called limited means that when the applicant cannot directly apply for reconsideration against an abstract administrative act, but can only be dissatisfied with a specific administrative act, he may also request a review of the abstract administrative act on which the specific administrative act is based. 2. When a people's court accepts an administrative litigation case, it usually only examines the legality of a specific administrative act, while the reconsideration organ examines not only the legality of a specific administrative act, but also the reasonableness of a specific administrative act. >>>More