An issue with the Administrative Review Law

1.The hearing procedure can only be made in specific cases in the field of administrative punishment, such as an order to suspend production and business, revocation of permits or licenses, and a large fine.

The hearing process requires the application of the parties.

In accordance with Article 42 of the Administrative Punishment Law.

2.Where two or more administrative organs take a specific administrative act in a common name, the administrative organ that jointly takes the specific administrative act is the joint respondent.

That is, the higher-level cultural department of the Cultural Bureau, and the higher-level public security department of the Public Security Bureau.

It is also possible to apply for an administrative review to their competent authority.

1.The decision to impose a fine of 20,000 yuan and revoke the license of Bao needs to inform Bao that he has the right to request a hearing. That is, it is made through the hearing procedure, unless Bao waives the hearing.

This is because in accordance with the provisions of the Administrative Punishment Law, the parties have the right to request a hearing before the penalty decision is made, such as ordering the suspension of production and business, revoking permits and licenses, and imposing a relatively large fine.

2.If an application for reconsideration is made, it should be divided into three categories according to the different content of the penalty.

If you are not satisfied with the penalty decision of the seizure and the fine of 20,000 yuan jointly made by the Municipal Bureau of Culture and the Public Security Bureau, you should file an administrative reconsideration with the administrative organ at the next higher level of the two organs, so the reconsideration organ at this time is the people of City A**.

If you are not satisfied with the administrative penalty of "revocation of business license" made by the Eastern District Industrial and Commercial Bureau, you can apply for administrative reconsideration to the people** to which you belong, or you can apply for administrative reconsideration to the competent department at the next higher level. Therefore, the reconsideration organ at this time can be the people of the Eastern District**, or the Industrial and Commercial Bureau of City A.

If they are not satisfied with the administrative detention made by the public security of the eastern district of city A, the municipal public security bureau or the people of the eastern district shall be the reconsideration organ.

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: Administrative Reconsideration Law of the People's Republic of China Article 6 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 to confirm the ownership or right to use natural resources such as land, mineral deposits, water streams, forests, mountains, grasslands, wastelands, beaches, 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, collected property, 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 the rights of the person and spirit, 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: The Administrative Reconsideration Law, that is, the "Law of the People's Republic of China on the Reconsideration of Pure Administration", is formulated in accordance with the Constitution in order to prevent and correct illegal or improper specific administrative acts, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard and supervise the exercise of functions and powers by administrative organs in accordance with the law.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 1 This Law is enacted in accordance with the Constitution in order to prevent and correct illegal or improper specific administrative acts, protect the legitimate rights and interests of citizens, legal persons and other organizations, and safeguard and supervise the exercise of functions and powers by administrative organs in accordance with the law.

Legal analysis: 1) The person who files an administrative reconsideration must be a legal person or other organization that believes that the exercise of authority by an administrative organ infringes upon its legitimate rights and interests. (2) The administrative reconsideration filed by the parties must be after the administrative organ has already made it, and if the administrative organ has not yet made a decision, there is no issue of reconsideration.

Legal basis: Administrative Reconsideration Law of the People's Republic of China Article 12 Those who are dissatisfied with the specific administrative acts of the local people's political departments at or above the county level shall be selected by the person who applies for the backbone of the application, and may apply for administrative reconsideration to the people at the same level of the department, or apply for administrative reconsideration to the competent department at the next higher level. Those who are dissatisfied with the specific administrative acts of the customs, finance, national taxation, foreign exchange management, and other administrative organs that exercise vertical leadership, as well as the state security organs, shall apply to the competent department at the next higher level for administrative reconsideration.

Legal Analysis: There are four possible consequences of administrative reconsideration:

1. Where the facts of the specific administrative act are clear, the evidence is conclusive, the basis for application is correct, the procedures are lawful, and the content is appropriate, the decision is to be maintained;

2. If the respondent fails to perform its statutory duties, it shall be decided to perform within a certain period of time;

3. Order the respondent to take a new specific administrative act within a certain period of time;

4. Where the respondent fails to submit a written reply in accordance with the provisions of Article 23 of this Law, the basis for the specific administrative act taken at the time of submission shall be submitted;

and other relevant materials, it is deemed that there is no basis for the administrative act, and a decision is made to revoke the administrative act.

Legal basis: Administrative Reconsideration Law of the People's Republic of China Article 28 The organ responsible for legal work of the administrative reconsideration organ shall examine the specific administrative acts made by the respondent, put forward opinions, and make an administrative reconsideration decision in accordance with the following provisions with the consent of the person in charge of the administrative reconsideration organ or after collective discussion and approval:

1) Where the facts ascertained in the specific administrative act are clear, the evidence is conclusive, the basis for application is correct, the procedures are lawful, and the content is appropriate, the decision is to be sustained;

2) If the respondent fails to perform its statutory duties, it shall be determined to perform within a certain period of time;

3) 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.

4) Where the respondent fails to submit a written reply in accordance with the provisions of Article 23 of this Law, or to submit evidence, basis, and other relevant materials for the specific administrative act at the time of the application, it shall be deemed that the specific administrative act has no evidence or basis, and a decision shall be made to revoke the specific administrative act.

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 administrative compulsory measures such as restricting the freedom of persons or sealing up, seizing or freezing assets made by administrative organs;

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) 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;

11) Where it is found that other specific administrative acts of administrative organs infringe upon their lawful rights and interests. When a citizen, legal person, or other organization considers that the following provisions on which a specific administrative act of an administrative organ is based are unlawful, when applying for administrative reconsideration of a specific administrative act, he or she may submit an application to the administrative reconsideration organ for examination of the provisions:

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 the laws and administrative regulations of the spine.

Article 8 Those who are dissatisfied with the administrative punishment or other personnel handling decisions made by the administrative organs shall submit appeals in accordance with the provisions of the relevant laws and administrative regulations. If they are not satisfied with the mediation or other disposition of civil disputes made by administrative organs, they shall apply for arbitration or file a lawsuit in the people's court in accordance with law.