What is the method of adjudication adopted in principle for administrative reconsideration?

According to Article 22 of the "Administrative Reconsideration Law", in principle, the method of written examination shall be adopted for administrative reconsideration, but when the applicant makes a request or the organ responsible for legal work within the administrative reconsideration organ deems it necessary, it may investigate the situation with relevant organizations and personnel and listen to the opinions of the applicant, the respondent and the third party.

For administrative reconsideration cases that meet the scope of acceptance, the administrative reconsideration organs shall, after accepting them, conduct a trial in accordance with law. Legally and promptly concluding reconsideration cases is an important part of administrative reconsideration.

After applying for administrative reconsideration, how the reconsideration organ hears the case.

1. Adopt the method of written review.

2. When the applicant makes a request or the administrative reconsideration organ in charge of legal work 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.

3. Legal basis of the "Administrative Reconsideration Law": Article 22 In principle, administrative reconsideration shall be conducted by means of written examination, but when the applicant makes a request or the organ responsible for legal work of the administrative reconsideration organ deems it necessary, it may investigate the situation with relevant organizations and personnel and listen to the opinions of the applicant, the respondent and the third party.

Written hearing. However, 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 a third party.

Article 22 of China's "Administrative Reconsideration Law" stipulates that, in principle, administrative reconsideration shall be subject to 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 relevant organizations and personnel and listen to the opinions of the applicant, the respondent, and a third party.

In principle, the written trial of administrative reconsideration is understood as a non-public and confrontational examination of the reply submitted by the respondent of the administrative reconsideration and the application submitted by the applicant, as well as the normative documents and evidence related to the administrative act taken by the respondent.

Article 2 of the Administrative Reconsideration Law stipulates that, in principle, administrative reconsideration shall adopt the method 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 relevant organizations and personnel and listen to the opinions of the applicant, the respondent and the third party.

Legal analysis: In principle, administrative reconsideration adopts the method of written hearing. However, 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 a third party.

Written trial refers to a trial method in which the second-instance people's court, when hearing a second-instance criminal or civil case, only hears the parties' pleadings and other written materials, and does not require litigation participants to attend the courtroom, but directly makes a judgment or ruling.

Legal basis: Article 22 of the "Administrative Reconsideration Law of the People's Republic of China" In principle, administrative reconsideration shall adopt the method of written examination, but if the applicant submits a request or the organ responsible for legal work of the administrative reconsideration organ deems it necessary, it may investigate the situation with relevant organizations and personnel and listen to the opinions of the applicant, the respondent and the third party.

In principle, administrative reconsideration shall be conducted in writing. Written trial refers to a type in which the second-instance people's court hears a second-instance criminal case and only hears the parties' appeals and other written materials, and does not require litigation participants to attend the courtroom, but directly makes a judgment or ruling. If the applicant requests to withdraw the application for administrative reconsideration before the administrative reconsideration decision is made, it may be withdrawn after explaining the reasons; Where the application for administrative reconsideration is withdrawn, the administrative reconsideration shall be terminated.

1. The enforcement of specific administrative acts is not suspended during the period of administrative reconsideration; However, enforcement may be stopped in any of the following circumstances:

1. The respondent believes that it is necessary to stop enforcement;

2. The administrative reconsideration organ deems it necessary to stop enforcement;

3. The applicant applies for suspension of enforcement, and the administrative reconsideration organ considers the request reasonable and decides to stop enforcement;

4. Enforcement is suspended by law.

2. 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. Violation of legal procedures;

4. Exceeding or abusing power;

5. The specific administrative act is obviously improper.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 22 In principle, administrative reconsideration shall adopt the method of written examination, but when the applicant makes a request or the administrative reconsideration organ respects the organ responsible for legal work and deems it necessary, it may investigate the situation with relevant organizations and personnel and listen to the opinions of the applicant, the respondent and the third party.

According to the relevant laws and regulations, the written reconsideration system refers to the system in which the administrative reconsideration organ conducts a non-public and confrontational examination of the application submitted by the applicant for administrative reconsideration and the reply submitted by the respondent, as well as the normative documents and evidence related to the administrative act taken by the respondent, and makes a decision on the aftermath of the administrative reconsideration on this basis.

The basic contents of the written reconsideration system are:

1. The reconsideration organ mainly examines the administrative act of the applied for through written materials;

2. The parties to the reconsideration may be convened unilaterally or by means of a hearing;

3. If the administrative reconsideration organ deems it necessary (such as hearing major and complex reconsideration cases), it may adopt the first form of review.

1. Conditions for applying for administrative reconsideration:

1. Reconsideration must be filed due to an administrative dispute.

2. The only people who have the right to apply for reconsideration are citizens, legal persons and other organizations that believe that their legitimate rights and interests have been infringed by specific administrative acts.

3. Citizens, legal persons and other organizations may initiate administrative reconsideration if they believe that a specific administrative act of an administrative organ is illegal or improper and infringes upon their legitimate rights and interests.

II. Procedures for Applying for Administrative Reconsideration:

1. The applicant submits an application for reconsideration;

2. After accepting the application, the reconsideration organ shall send a copy or photocopy of the reconsideration application to the respondent within seven days;

3. The respondent shall submit a written reply within 10 days after receiving the relevant materials;

Legal basis: Administrative Reconsideration Law of the People's Republic of China Article 22 In principle, administrative reconsideration shall be conducted by means 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 relevant organizations and personnel and hear the opinions of the applicant, the respondent and the third party.

In principle, administrative reconsideration shall be conducted in writing. Written trial refers to a trial method in which the second-instance people's court hears a second-instance criminal or civil case and only hears the parties' appeals and other written materials, and does not require litigation participants to attend the courtroom, but directly makes a judgment or ruling. If the applicant requests to withdraw the application for administrative reconsideration before the administrative reconsideration decision is made, it may be withdrawn after explaining the reasons; Where the application for administrative reconsideration is withdrawn, the administrative reconsideration shall be terminated.

1. The enforcement of specific administrative acts is not suspended during the period of administrative reconsideration; However, enforcement may be stopped in any of the following circumstances:

1. The respondent believes that it is necessary to stop enforcement;

2. The administrative reconsideration organ deems it necessary to stop enforcement;

3. The applicant applies for suspension of enforcement, and the administrative reconsideration organ considers the request reasonable and decides to stop enforcement;

4. Enforcement is suspended by law.

2. 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 specified time limit

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

2. The basis for application is wrong;

3. Violation of legal procedures;

4. Exceeding or abusing power;

5. The specific administrative act is obviously improper.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 22 In principle, administrative reconsideration shall adopt the method of written examination, but when the applicant makes a request or the organ responsible for the 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.