With regard to administrative reconsideration, administrative reconsideration organs handle administ

Of course not.

The right to sue (including the right to reconsider) is only enjoyed by the administrative counterpart. Administrative organs do not have the right to initiate administrative lawsuits.

The respondent has only one choice for the administrative reconsideration decision: to obey. Because the reconsideration organ is the superior organ of the respondent, according to the administrative leadership system, the respondent must obey and implement the administrative reconsideration decision.

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

No. The reasons are:

1.According to the provisions of the "Administrative Reconsideration Law," those who can carry out administrative reconsideration of an administrative organ that has taken a specific administrative act are the administrative or competent department at the higher level of that organ, and in accordance with the organizational principle of subordinate subordinates to the higher level, the decisions made by the administrative or competent departments at the higher level must be unconditionally implemented by the lower-level administrative organs that have taken the specific administrative acts.

2.At the same time, Article 32 of the Administrative Reconsideration Law also clearly stipulates that "the respondent shall perform the administrative reconsideration decision." If the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the administrative reconsideration organ or the relevant administrative organ at a higher level shall order it to perform within a time limit. ”

Therefore, even if the respondent is dissatisfied with the administrative reconsideration decision, it can only perform the decision and cannot file a lawsuit.

After receiving an application for administrative reconsideration, an administrative reconsideration organ shall handle the application for administrative reconsideration. The administrative reconsideration organ's handling of an application for administrative reconsideration is divided into the following two stages: The first stage is to conduct an examination.

After receiving an application for administrative reconsideration, an administrative reconsideration organ shall examine the application for administrative reconsideration within five days. If it is found that the materials of the administrative reconsideration application are incomplete or unclear after examination, the administrative reconsideration organ may notify the applicant in writing to supplement and correct the application within 5 days from the date of receipt of the administrative reconsideration application. The notice of amendment shall clearly indicate the matters that need to be supplemented and corrected, the source and a reasonable period for supplementation and correction.

If the applicant fails to make corrections within the time limit without a legitimate reason, it shall be deemed that the applicant has given up the application for administrative reconsideration. The time taken to supplement and correct the application materials does not count the time limit for administrative reconsideration hearing. The second stage is based on the results of the review.

According to the different results of the examination, the administrative reconsideration organ shall handle the application for administrative reconsideration in three different ways: (1) Acceptance. Acceptance refers to the acceptance of an administrative reconsideration application by an administrative reconsideration organ and the filing of a case.

An application for administrative reconsideration submitted by a citizen, legal person, or other organization that believes that a specific administrative act of an administrative organ infringes upon its legitimate rights and interests shall be accepted from the date on which it is received by the organ responsible for legal work of the administrative reconsideration organ, unless it does not meet the requirements for such application as stipulated by laws and regulations. For those who have a clear applicant and a respondent who meet the requirements, who have an interest in the administrative act of the applicant, who have specific requests and reasons for administrative reconsideration, who have submitted them within the statutory application period, who fall within the scope of administrative reconsideration stipulated in the "Administrative Reconsideration Law," who fall within the scope of duties of the administrative reconsideration organ that receives the application for administrative reconsideration, who have not yet accepted the same administrative reconsideration application by other administrative reconsideration organs, and where the people's court has not yet accepted an administrative lawsuit filed by the same entity on the same facts, The administrative reconsideration organ shall accept the case. (2) Inadmissibility.

Where an application for administrative reconsideration submitted by a citizen, legal person, or other organization does not comply with the provisions of the Administrative Reconsideration Law, the administrative reconsideration organ shall decide not to accept it and shall inform the applicant in writing. (3) Inform the applicant to submit it to the relevant administrative reconsideration organ. Administrative reconsideration organs shall inform the applicant to submit an application for administrative reconsideration to the relevant administrative reconsideration organ that complies with the provisions of the Administrative Reconsideration Law but is not accepted by the organ.

The administrative reconsideration procedure is the sum of the steps, forms, sequences, and time limits for an applicant for administrative reconsideration to apply for administrative reconsideration to the administrative reconsideration organ to make a reconsideration decision. The administrative reconsideration procedure is an important part of administrative reconsideration and an important guarantee for the legality and efficiency of administrative reconsideration.

The specific procedures for the administrative resumption of the orange meeting.

1. Application for reconsideration.

1. The applicant shall submit an application for administrative reconsideration within 60 days from the date on which the applicant should have known the specific administrative act.

2. Acceptance of reconsideration.

1. The reconsideration organ shall conduct a formal examination of the reconsideration application and make a decision on whether to accept it within 5 days.

2. For administrative reconsideration applications that do not comply with the provisions of the Administrative Reconsideration Law, decide not to accept them, and inform the applicant in writing; For administrative reconsideration applications that meet the requirements of the Administrative Reconsideration Law but are not accepted by this organ, inform the applicant to submit it to the relevant reconsideration organ; An administrative reconsideration application that complies with the provisions of the Administrative Reconsideration Law and is accepted by this organ shall be accepted as of the date on which the application for reconsideration is received.

3. Administrative reconsideration.

1. During the period of reconsideration, the implementation of nuclear or specific administrative acts shall not be suspended.

2. Within 7 days from the date of acceptance of the reconsideration, the reconsideration organ shall send a copy or copy of the reconsideration application to the respondent.

3. Within 10 days from the date of receipt of the copy or copy of the application, the respondent shall submit a written reply and submit the evidence, basis and other relevant materials for the specific administrative act taken at the beginning.

4. The legal affairs work body of the reconsideration organ shall conduct a written review, and when necessary, investigate the situation of the group with relevant organizations and personnel, put forward reconsideration opinions, and report to the person in charge of the reconsideration organ for approval or collective discussion and approval.

5. Before the reconsideration decision is made, the applicant may request to withdraw the application for reconsideration, and the reconsideration shall be terminated at the same time.

6. The reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of acceptance, and if the situation is complicated, it may be appropriately extended with the approval of the person in charge of the reconsideration organ and inform the applicant and the respondent, but the extension period shall not exceed 30 days.

7. When making an administrative reconsideration decision, the reconsideration organ shall prepare an administrative reconsideration decision, affix the seal of the unit, and deliver it in writing to the applicant and the respondent.

8. Once the administrative reconsideration decision is served, it will take legal effect.

Fourth, implementation. 1. The applicant and the respondent shall perform the administrative reconsideration decision from the date of receipt of the administrative reconsideration decision.

2. Several provisions on administrative reconsideration: If the applicant is dissatisfied with the administrative reconsideration decision, he shall file an administrative lawsuit with the people's court within 15 days from the date of receipt of the administrative reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file an administrative lawsuit with the people's court within 15 days of the expiration of the reconsideration period.

The scope of administrative reconsideration mediation is as follows:

1. Citizens, legal persons or other organizations are dissatisfied with specific administrative acts taken by administrative organs in the exercise of their discretionary powers provided for by laws and regulations and apply for administrative reconsideration; In cases where the parties are dissatisfied with the ruling, confirmation, or determination made by the administrative organ in a civil dispute between equal subjects, the mediation object of such cases is the applicant and the third party.

2. Administrative compensation or administrative compensation disputes between the parties.

What are the characteristics of administrative reconsideration?

2. The parties concerned must file an administrative reconsideration after the administrative organ has already made an administrative decision, and if the administrative organ has not yet made a decision, there is no issue of reconsideration. The task of reconsideration is to resolve administrative disputes, not civil or other disputes;

3. If a party is dissatisfied with the administrative decision of an administrative organ, he or she can only apply for reconsideration to the administrative organ with the right of administrative reconsideration in accordance with the provisions of the law;

4. Administrative reconsideration is mainly a written review, and once the 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. Reprieve.

[Legal basis].Article 50 of the Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China.

In any of the following circumstances, the administrative reconsideration organ may conduct mediation in accordance with the principles of voluntariness and legality:

1) Where citizens, legal persons, or other organizations are dissatisfied with specific administrative acts taken by administrative organs in the exercise of their discretionary powers as provided for by laws and regulations, and apply for administrative reconsideration;

2) Administrative compensation or administrative compensation disputes between the parties.

If the parties reach an agreement through mediation, the administrative reconsideration organ shall draft an administrative reconsideration mediation document. The mediation document shall clearly state the request for administrative reconsideration, the facts, the reasons and the results of the mediation, and shall be stamped with the seal of the administrative reconsideration organ. The administrative re-disturbance mediation document shall have legal effect upon the signature of both parties.

If the mediation fails to reach an agreement or one party repents before the mediation agreement takes effect, the administrative reconsideration organ shall make an administrative reconsideration decision in a timely manner.

Legal analysis: The applicant can apply for administrative reconsideration 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, the request for administrative reconsideration, and the main facts, reasons, and time for applying for administrative reconsideration.

Legal basis: Article 6 of the Administrative Reconsideration Law of the People's Republic of China 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 an administrative punishment decision such as a warning, a fine, confiscation of unlawful gains, confiscation of illegal property, an order to suspend production or business, a temporary seizure or revocation of a permit, a temporary seizure or revocation of a license, or administrative detention by an administrative organ;

2) Refusing to accept a decision made by an administrative socks destroying organ to restrict personal liberty or to seal, seize, or freeze assets, or other administrative compulsory measures;

3) Refusing to accept a decision made by an administrative organ on the modification, suspension, or revocation of a permit, license, qualification certificate, qualification certificate, or other certificate of modification;

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;

Legal analysis: Administrative reconsideration organs refer to administrative organs that have the right to accept applications for administrative reconsideration and to examine and make rulings on specific administrative acts in accordance with the provisions of the law.

Legal basis: Article 15 of the Administrative Reconsideration Law of the People's Republic of China? Those who are dissatisfied with the specific administrative acts of other administrative organs or organizations other than those provided for in Articles 12, 13, and 14 of this Law shall apply for administrative reconsideration in accordance with the following provisions:

1) If the local people at or above the county level are dissatisfied with the specific administrative acts of the dispatched organs established in accordance with the law, apply for administrative reconsideration to the people** who established the dispatched organs;

2) If they are dissatisfied with the specific administrative acts made in their own name by the dispatched agency established by the ** work department in accordance with the provisions of laws, regulations or rules, apply to the department that established the dispatched agency or the local people at the same level of the department for reconsideration and political reconsideration;

3) Those who are dissatisfied with the specific administrative acts of organizations authorized by laws and regulations shall apply for administrative reconsideration to the local people's **, local people's ** work department, or *** department that directly manages the organization;

4) Where two or more administrative organs are dissatisfied with a specific administrative act taken in the name of the common, apply to the administrative organ at the level above them for administrative reconsideration;

5) Where a person is dissatisfied with a specific administrative act taken by a revoked administrative organ before the revocation, he or she shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers.

In any of the circumstances listed in the preceding paragraph, the applicant may also submit an application for administrative reconsideration to the county-level local people** at the place where the specific administrative act occurred, and the county-level local people** who accept the application shall handle it in accordance with the provisions of Article 18 of this Law.

Initiation of administrative reconsideration: Under normal circumstances, the applicant may choose to apply for reconsideration to the competent department at the next higher level of the administrative organ that has taken the specific administrative act, or to apply for reconsideration to the people at the same level of the administrative organ. Article 9 of the "Administrative Reconsideration Law" If a public or legal person or other organization believes that a specific administrative act infringes upon its lawful rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes 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.