Administrative reconsideration is different from administrative litigation, which of the following p

Difference Between Administrative Litigation and Administrative Reconsideration:

1. The two institutions accept different cases. Administrative litigation is accepted by the court; Administrative reconsideration shall be accepted by the administrative organ. It is generally accepted by the organ at the level above the original administrative organ, and in special circumstances, by the administrative organ at the same level.

2. The nature of dispute resolution between the two is different. The people's courts' handling of administrative litigation cases is a judicial act, and the Administrative Litigation Law applies; The handling of administrative disputes by administrative organs is within the scope of administrative acts, and the Administrative Reconsideration Law shall be applied.

3. The procedures applicable to the two are different. Administrative reconsideration procedures apply to administrative reconsideration, while administrative litigation procedures apply to administrative litigation. The administrative reconsideration procedure is simple, swift and inexpensive, but the fairness is limited; Administrative litigation procedures are complex and costly, but they are impartial and reliable.

Administrative reconsideration implements a final system of adjudication; Administrative litigation implements the second-instance final adjudication system.

4. The intensity of review is different between the two. According to the provisions of the Administrative Litigation Law, in principle, the court can only review the legality of the acts of the administrative subject; According to the provisions of the Administrative Reconsideration Law, administrative reconsideration organs may examine the legality and appropriateness of the acts of administrative entities.

5. The scope of acceptance and examination of the two is different. Both the Administrative Litigation Law and the Administrative Reconsideration Law have made detailed provisions on the scope of acceptance. Judging from the enumerated matters, the scope of cases accepted in the Administrative Reconsideration Law is broader than that in the Administrative Litigation Law.

In addition, the "Administrative Reconsideration Law" also stipulates that normative documents such as the provisions of the administrative reconsideration organs, the regulations of the local people at and above the county level and their work departments, and the regulations of the township and town people, may be submitted to the administrative reconsideration organs for review.

Administrative reconsideration and administrative litigation are two different types of supervision, and each has its own strengths and cannot replace each other. As a result, modern countries generally create both systems at the same time. In terms of specific system design, administrative reconsideration may be regarded as a pre-stage for administrative litigation; or the parties may choose the remedy, or after the parties have chosen the reconsideration remedy, they are still allowed to file an administrative lawsuit.

This question is not horizontal, on the same floor.

The following dispute resolution methods are applicable to disputes between unequal subjects (b. administrative reconsideration; d. Litigation of rotten mu government).

Disputes between equal subjects are resolved by arbitration or civil litigation, and disputes between unequal subjects are resolved by administrative reconsideration or administrative litigation.

Administrative reconsideration is an administrative act with certain judicial elements. The judicial nature of administrative reconsideration refers to the fact that an administrative organ with the power of administrative reconsideration examines administrative reconsideration by means of a court hearing a case, that is, an administrative reconsideration organ acts as a third party to examine and make a ruling on an administrative dispute between an administrative organ and an administrative counterpart.

Administrative reconsideration is mainly a written review, and once an administrative reconsideration decision is served, it has legal effect. As long as the law does not stipulate that the reconsideration decision is final, and the parties are not satisfied with the reconsideration decision, they may still file a lawsuit with the people's court in accordance with the provisions of the Administrative Litigation Law.

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 employees 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.

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 superior to administrative reconsideration. When an administrative reconsideration organ examines a specific administrative act based on an application by an applicant for administrative reconsideration, it only exercises the power of administrative reconsideration and cannot replace the judicial adjudication of an administrative organ exercising effective judicial rulings on administrative disputes. 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 implication relationship between the administrative dispute itself, and proceeding from the erroneous thinking of covering up and involving the respondent, there may be a phenomenon of failure to correct the error. Therefore, stipulating that administrative reconsideration decisions are 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 fully places administrative power under judicial supervision, which is conducive to prompting administrative reconsideration organs to handle administrative reconsideration cases fairly and in accordance with the law, and is also beneficial to the credit to accompany the defendant in supervising the administrative functions and powers of the respondent in accordance with the law.

Article 2 of the Administrative Litigation Law of the People's Republic of China: 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 initiate litigation in the people's courts in accordance with this Law. "Administrative acts" as used in the preceding paragraph includes disorderly administrative acts taken by organizations authorized by laws, regulations, or rules.

Answer]: The basic characteristics of administrative reconsideration are: (1) the subject who has the right to raise the issue of administrative reconsideration must be citizens, legal persons and other organizations that believe that the specific administrative acts of the administrative organs infringe on their legitimate rights and interests (2) citizens, legal persons and other organizations submit administrative reconsideration only after the administrative organs have already taken specific administrative acts, otherwise there is no problem of reconsideration; (3) The parties concerned may only apply for reconsideration to the administrative organ with the power of administrative reconsideration in accordance with the provisions of the law; (4) In principle, the written review method of Nogami shall be adopted for administrative reconsideration.

The main characteristics of administrative litigation are: (1) administrative litigation is the court to resolve disputes between administrative acts carried out by administrative organs and citizens, legal persons or other organizations, (2) while providing legal remedies for citizens, legal persons or other organizations, administrative litigation has the function of supervising administrative organs to administer according to law (3) the defendant and the plaintiff in administrative litigation are constant, that is, the defendant can only be the reputation of the administrative organ, and the plaintiff is a citizen, legal person or other organization as the counterpart of the administrative act, and it is impossible to exchange litigation status.