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Conditions for applying for administrative reconsideration: applicants who have a clear interest in a specific administrative act; have a qualified respondent; There is a specific request for administrative reconsideration and reasons; within the statutory time limit; and within the scope of administrative reconsideration and the scope of responsibilities of the administrative reconsideration body, etc.
[Legal basis].
Article 27 of the Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China.
If a citizen, legal person, or other organization submits an application for administrative reconsideration if it believes that a specific administrative act of an administrative organ infringes upon its legitimate rights and interests, the administrative reconsideration organ must accept it, unless it does not meet the requirements for such application as stipulated in the Administrative Reconsideration Law and these Regulations.
Article 28.
Where an application for administrative reconsideration meets the following requirements, it shall be accepted:
1) There is a clear applicant and a respondent who meets the requirements;
2) The applicant has an interest in the specific administrative act;
3) There is a specific request for administrative reconsideration and reasons;
4) within the statutory application period;
5) It falls within the scope of administrative reconsideration as provided for in the Administrative Reconsideration Law;
6) It is within the scope of the duties of the administrative reconsideration body that receives the application for administrative reconsideration;
7) Other administrative reconsideration organs have not yet accepted the same application for administrative reconsideration, and the people's courts have not yet accepted an administrative lawsuit filed by the same entity on the same facts.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you sort out the relevant information and communicate with the early sales professionals in detail.
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Legal Analysis: The ways to initiate administrative reconsideration are:
1. Confirm that the law enforcement agency has taken a specific administrative act.
2. The time limit for applying for administrative reconsideration is within 60 days from the date of knowing the specific administrative act, and it should be confirmed within the legal time limit before submitting a reconsideration. If it exceeds 60 days, it should be explained why it has been exceeded and whether it is still within a reasonable period.
3. Write an application for administrative reconsideration, which must be submitted in triplicate.
Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 9 Where a citizen, 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.
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Legal analysis: The administrative reconsideration procedure is the sum of the steps, forms, sequences and time limits of the administrative reconsideration applicant's application to the administrative reconsideration organ for administrative reconsideration to the administrative reconsideration organ's reconsideration decision.
Legal basis: Article 6 of the "Administrative Reconsideration Law" 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) Failure to believe 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;
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Article 7 of the Administrative Reconsideration Law A citizen, legal person or other organization that believes that the following provisions on which a specific administrative act of an administrative organ is based is 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.
The so-called "scope of application for review in administrative reconsideration" means that the administrative counterpart originally initiated administrative reconsideration against specific administrative acts, and cannot file administrative reconsideration against laws, regulations, rules, and general normative documents alone. However, if the specific administrative act for which the administrative counterpart initiates the reconsideration is based on a general normative document (i.e., the three items listed in Article 7), and the relative person believes that these grounds themselves are unlawful, not just that the specific administrative act is unlawful, then a request for review of these normative documents as the basis may be filed at the same time.
The rationale behind this is that the "Legislation Law" has special provisions on the review of the legality of poor draft laws, regulations, and rules, and cannot be reviewed in the administrative reconsideration procedure. However, there is no separate review procedure for normative documents (i.e., "provisions") below the regulations, and in order to give full play to the relief and supervision functions of administrative reconsideration, it is necessary to provide for the review of these normative documents together in administrative reconsideration. If the normative document is not corrected on the basis of illegality, it will lead to the administrative organ making specific administrative acts based on the illegal normative document.
Therefore, the "Administrative Reconsideration Law" has carried out such a system design of "applying for review together".
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The rules formulated by the people of the city where the province is located do not fall within the scope of the application for review in the administrative reconsideration.
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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 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, investigate the situation with relevant organizations and personnel when necessary, submit 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. If the applicant is not satisfied 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.
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An application for administrative reconsideration shall be submitted to the legal department (division, office) of the reconsideration organ in writing "Application for Administrative Reconsideration", the main contents of which include: the basic information of the applicant, the respondent, the request for reconsideration, the main facts and reasons for applying for reconsideration, the applicant's signature or seal, time, etc. If it is truly difficult for the applicant to submit a written application, the applicant may also apply orally, and the reconsideration organ will record it on the spot.
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
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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