Under what circumstances the application for administrative reconsideration will not be accepted

Article 6 of the Administrative Reconsideration Law of the People's Republic of China stipulates the circumstances under which an application for administrative reconsideration may be made, but it is not within the scope of administrative reconsideration and shall not be accepted; The specific provisions of the law are as follows:

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 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;

In addition, if the statutory time limit for administrative reconsideration is exceeded, although it is within the scope of acceptance of administrative reconsideration, it will also not be accepted because the time limit is exceeded.

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) 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;

Those that are not within the above scope will not be accepted.

Legal Analysis: Administrative Reconsideration is not accepted in the past:

1. Dissatisfied with the administrative punishment or other personnel handling decisions made by the administrative organ.

2. Those who are not satisfied with the mediation or other handling of civil disputes made by administrative organs.

3. If it does not fall within the jurisdiction of the administrative reconsideration organ, the applicant shall be informed to submit it to the relevant administrative reconsideration organ.

4. The same administrative reconsideration application has already been accepted by other administrative reconsideration organs; or where an administrative lawsuit is initiated by the same entity or the same facts, and the people's court has already accepted it.

5. Other circumstances that are inadmissible as stipulated by laws and regulations.

Legal basis: "Administrative Reconsideration Law of the People's Republic of China" Article 17 After receiving an application for administrative reconsideration, the administrative reconsideration organ shall conduct a review within five days, and decide not to accept the application for administrative reconsideration that does not comply with the provisions of this law, and inform the applicant in writing; For administrative reconsideration applications that comply with the provisions of this Law but are not accepted by this organ, the applicant shall be informed to submit it to the relevant administrative reconsideration organ. In addition to the provisions of the preceding paragraph, an application for administrative reconsideration shall be accepted from the date on which it is received by the organ responsible for legal affairs of the administrative reconsideration organ.

The circumstances under which an application for administrative reconsideration is not accepted are specifically stipulated in the "Administrative Reconsideration Law": (1) Refusing to accept an administrative penalty decision made by an administrative organ, such as a warning, a fine, confiscation of illegal gains, confiscation of illegal property, an order to suspend production or business, a temporary withholding or revocation of a license, a temporary withholding or revocation of a license, or administrative detention; 2) Refusing to accept an administrative organ's decision to restrict personal liberty or to seal, seize, or freeze assets; (C) the administrative organs made on the sorghum permits, licenses, qualification certificates, qualification certificates and other certificates of change, suspension, revocation of the decision; 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; (6) Where it is considered that an administrative organ has violated its lawful rights and interests by altering or abolishing an agricultural contract; 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 statutory requirements are met, and the administrative organ applies for the issuance of a permit, license, qualification certificate, qualification certificate, or other certificate, or applies to the administrative organ for examination and approval or registration of relevant matters, but the administrative organ fails to handle it in accordance with law; (9) Applying to an administrative organ to perform its legally-prescribed duties to protect personal rights, property rights, or the right to education, but the administrative organ has not performed its duties 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 an administrative organ have violated their lawful rights and interests.

Yes, in the event that the reconsideration organ does not accept the application for reconsideration, there are two legal remedies for the parties to choose: one is to directly sue the original administrative act. Because it may cause infringement to the lawful rights and interests of the parties, it is still in essence the administrative act or omission of the original administrative organ.

Although the reconsideration organ did not accept the application for administrative reconsideration, if the law does not stipulate that administrative reconsideration must be a pre-procedure, it does not affect the parties to directly file an administrative lawsuit against the original administrative act, and directly suing the original administrative act is also conducive to fundamentally resolving the administrative dispute.

The other is to sue the reconsideration organ for inaction. If a party insists that the reconsideration organ should accept its application for reconsideration, it may also file a lawsuit on the grounds of the reconsideration organ's inaction. However, whether it is a direct prosecution of the original administrative act or a prosecution of the reconsideration organ's inaction, it does not involve the issue of another organ being a co-defendant.

Therefore, if the reconsideration organ refuses to accept the application for administrative reconsideration, the party concerned may choose to directly sue the original administrative act or sue the reconsideration organ for inaction if the law does not stipulate that administrative reconsideration must be a pre-procedure. Only one of these two avenues can be chosen, and it cannot be carried out at the same time, and if it is done at the same time, it is a duplicate prosecution. However, under the circumstance that the law stipulates that administrative reconsideration must be a pre-procedure, the parties need to sue the reconsideration organ for inaction, and cannot directly sue the original administrative act.

1. Specific manifestations of the effectiveness of administrative reconsideration.

When an administrative reconsideration decision is final, regardless of the parties' intentions, the administrative reconsideration decision has already been made and served, that is, it takes legal effect, and the parties cannot file a reconsideration or file an administrative lawsuit.

When the administrative reconsideration is not a final ruling, and the party files a lawsuit because of dissatisfaction with the administrative reconsideration decision, the original administrative reconsideration decision does not take legal effect; If the parties concerned do not file a lawsuit with the people's court within the statutory time limit, the administrative reconsideration decision shall take legal effect from the date on which the time limit for filing a lawsuit expires.

During the litigation period of an administrative reconsideration decision, unless it is deemed necessary to stop enforcement, or where the plaintiff is aware of the application for suspension of enforcement, and the people's court finds that the enforcement of the specific administrative act has caused irreparable losses, and that the suspension of enforcement does not harm the interests of the public interest, and rules to stop enforcement; or where laws and regulations provide for the suspension of enforcement, administrative reconsideration decisions generally still have enforceable force.

1.Acts of the State in accordance with the Criminal Code that are clearly authorized by law.

In this case, it is for the purpose of interrogating the criminal suspect to investigate the criminal case, obtain evidence, etc., at this time, the examination of witnesses, the search and the collection of bank accounts and related personal information are all rights expressly granted by the law, so at this time, even if the personal privacy is violated, or the individual's rights are slightly compromised, it is not possible to file an administrative reconsideration, and even if it is raised, the higher administrative department has no way to accept the reconsideration.

2.The party who has already rejected the application for suspension of administrative reconsideration has applied for duplication.

Since there is only one opportunity for administrative reconsideration in China, for the same matter, if an administrative reconsideration has been rejected, then it means that he belongs to a situation similar to the one mentioned above, and the administrative reconsideration cannot be accepted, then there is no need to file an administrative reconsideration again, because the higher authorities will also not accept it.

1. Will an application for administrative reconsideration that does not comply with the provisions of the Administrative Reconsideration Law not be accepted?

After receiving an application for administrative reconsideration, the administrative reconsideration organ shall conduct an examination within five days, decide not to accept the application for administrative reconsideration that does not meet the requirements, and notify the applicant in writing; For an application for administrative reconsideration that complies with the provisions but is not accepted by this organ, the applicant shall be informed to submit it to the relevant administrative reconsideration organ. An application for administrative reconsideration shall be accepted from the date on which it is received by the organ responsible for legal affairs of the administrative reconsideration organ.

2. The "Regulations for the Implementation of the Administrative Reconsideration Law" stipulate that an application for administrative reconsideration shall be accepted if it meets the following requirements:

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 stipulated in the Administrative Reconsideration Law;

6) It is within the scope of the responsibilities of the administrative reconsideration agency that receives the application for administrative reconsideration;

7) Other administrative reconsideration organs have not yet accepted the same administrative reconsideration application, and the people's court has not yet accepted an administrative lawsuit filed by the same entity on the same facts.