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ABCD A The Central Commission for Discipline Inspection is not an administrative organ and cannot be reconsidered.
b is a departmental rule and cannot be reconsidered.
D is a legislative act, which is an abstract administrative act and cannot be reconsidered.
Item C is a bit special, the sentence I originally encountered was "the general binding regulations made by the people of Jinan City", there is no doubt that the formulation of regulations is an abstract administrative act and cannot be reconsidered.
Your item C expresses the decision made, which is not a regulation, but a kind of provision, which can be reviewed incidentally, and cannot be directly subject to administrative reconsideration. That's how I understand it, a lot of the answers are different, and some people say that item c is correct.
PS: Legal Provisions.
An application for review of some abstract administrative acts in administrative reconsideration.
Abstract administrative acts may be reviewed incidentally, including: departmental provisions; Local people at or above the county level**.
and the regulations of the department in which it works; Township and town people's ** provisions. It only refers to the provisions below the regulations, and does not include the rules of the ministry, the committee and the local people.
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ABCDA - a decision made by the Party's disciplinary inspection organs, which is not an administrative act;
b, c - is an abstract administrative act;
d- The legislation of the people's congress is not an administrative act.
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d, it belongs to legislation, not to administrative acts.
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a and d. It is not an administrative act done by ** department.
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Answer] :d option D, administrative reconsideration takes specific administrative acts as the object of review, and attaches part of the review of abstract administrative acts. China's administrative reconsideration takes specific administrative acts as the object of review, and attaches to the review of other normative documents in administrative acts, but does not review administrative regulations and rules.
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Answer]: C Option C: It is an internal administrative act, and it cannot apply for administrative reconsideration or file an administrative lawsuit.
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Answer]: B version of the textbook hail feast p375 2019 version of the textbook p374
The purpose of administrative reconsideration is to prevent and correct illegal or improper specific administrative acts, to protect the legitimate rights and interests of citizens, legal persons, and other organizations, and to safeguard and supervise the exercise of functions and powers by administrative organs in accordance with the law. Therefore, as long as a citizen, legal person, or other organization recognizes that the source is a specific administrative act of an administrative organ that infringes upon its legitimate rights and interests, it has the right to submit an application for administrative reconsideration to the administrative organ. In simple terms, the main body of administrative reconsideration is the administrative organ, and it is obvious that the "concrete association of a certain city" is a kind of non-governmental organization, like a chamber of commerce, and the ominous draft is an administrative organ.
So b is not right.
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Answer]: a, d
Answer] AD Analysis] (1) Option A: If you are not satisfied with the administrative punishment imposed by the administrative organ, you can apply for administrative reconsideration; (2) Option D: The burden of proof for administrative reconsideration shall be borne by the "old respondent".
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Answer]: b, c, d
According to the provisions of the "Administrative Reconsideration Law", after the administrative reconsideration organ receives the application for administrative reconsideration. A review shall be conducted within 5 days, and a decision on whether or not to accept it shall be made in accordance with law, and the applicant shall be informed in writing. If the applicant is dissatisfied with the specific administrative act of the local people's work department at or above the county level, the applicant may choose to apply for administrative reconsideration to the people's ** at the same level of the department, or apply to the competent department at the next higher level for administrative reconsideration.
The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application for administrative reconsideration. Refusal to accept an administrative penalty of temporary withholding of a license made by an administrative organ is a circumstance in which an application for administrative reconsideration may be made. Those who are not satisfied with the administrative organ's decision to resolve a civil dispute shall resolve it in the prescribed manner of dispute resolution, and administrative reconsideration shall not be initiated.
Therefore, options b, c, and d are correct. See Exam Skin Width Vertical Book 2Z208052.
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Answer]: cAccording to 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 such as warnings, fines, confiscation of illegal gains, confiscation of illegal property, orders to suspend production and business, temporary seizure or revocation of permits, temporary seizure or revocation of licenses, administrative detention and other administrative punishment decisions made by administrative organs; (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, 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, tidal flats, and sea areas; (5) Where it is found that an administrative organ has violated its lawful operational autonomy; (6) Where it is found that an administrative organ has changed or abolished an agricultural contract, infringing upon its lawful rights and interests; (7) Where it is found that an administrative organ has illegally raised funds, expropriated property, assessed expenses, or illegally demanded the performance of other obligations; (8) It is found that the statutory requirements are met.
Apply to the administrative organ for the issuance of permits, licenses, qualification certificates, qualification certificates and other certificates, or apply to the administrative organ for examination and approval and registration of relevant matters. 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) Apply to an administrative organ for the issuance of a bereavement pension, social insurance fund, or minimum subsistence allowance in accordance with law. Where the administrative organ has not issued 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.
Only administrative and legislative acts do not fall within the scope of administrative reconsideration. Therefore, C is selected for this question.
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Answer]: Book slip c
According to the provisions of the "Administrative Reconsideration Law", the reconsideration can be reviewed incidentally, but the provisions do not include the rules and regulations of the Ministry, the members of the Prefecture Chala Association, and the rules of the local people.
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