Is it of course invalid if the administrative decision does not inform the right of reconsideration

An arbitral award is a legal document in which the arbitral tribunal makes a decision on an arbitration dispute case. According to Article 54 of the Arbitration Law, the arbitral award shall state the request for arbitration, the facts in dispute, the reasons for the award, the result of the award, the burden of arbitration costs and the date of the award. If the parties agree that they are unwilling to state the facts of the dispute and the reasons for the award, they may not do so.

The arbitral award shall be signed by the arbitrator and affixed with the seal of the arbitration commission. Arbitrators who disagree with the arbitral award may or may not sign. In labor dispute cases, if no agreement can be reached through mediation, it shall be adjudicated in a timely manner.

An award is a written document in which the labor dispute arbitration organ makes a ruling on a disputed case in accordance with the law based on the ascertained facts. The preparation of the award should be such that the facts should be clearly presented, and the laws, regulations and policies cited should be accurate and appropriate.

Those who are dissatisfied with the administrative decision or demolition administrative ruling made by the Land Resources and Housing Administration Bureau authorized by ** have the right of administrative reconsideration and litigation. The specific performance is as follows: the demolition party and the person being demolished shall reach an agreement on compensation and resettlement, and if no agreement is reached, the housing demolition management department shall make a ruling upon the application of the parties.

If the housing demolition management department is the person being demolished, it shall be adjudicated by the people at the same level; Those who are not satisfied with the ruling have the right to file a lawsuit with the people's court, and also have the right to appeal to the relevant departments or apply for reconsideration; When the demolition party is unable to perform or cannot fully perform the demolition agreement, it has the right to apply to the relevant departments for resolution or appeal to the people's court for handling the relevant matters; If the demolition party does not demolish and relocate in accordance with the law, the administrative authority in charge of demolition and relocation may be requested to give administrative punishment to the demolition person; Those who are not satisfied with the administrative punishment of the administrative authority in charge of demolition and relocation may apply for reconsideration or file a lawsuit with the people's court; If the people at or above the county level are dissatisfied with the decision to demolish and relocate within a time limit, they may file a lawsuit with the people's court; In litigation, they have the right to apply to the people's court for a ruling to stop the execution of the specific administrative act being sued (i.e., the ruling on the dispute over house demolition, the house demolition permit, the decision on the demolition within a time limit, etc.); Where the competent department for housing demolition and relocation fails to perform its statutory duties, it has the right to appeal to the people's court for a judgment that the competent department for housing demolition and relocation perform its statutory duties.

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Legal analysis: If the administrative reconsideration decision is not to be accepted, and the administrative reconsideration organ does not accept the application for administrative reconsideration submitted in accordance with the law without justifiable reasons, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of warnings, demerits, and major demerits in accordance with the law.

Article 34 of the Administrative Reconsideration Law.

Where an administrative reconsideration organ violates the provisions of this Law by refusing to accept an application for administrative reconsideration submitted in accordance with law without justifiable reasons or failing to forward an application for administrative reconsideration in accordance with the regulations, or failing to make an administrative reconsideration decision within the statutory time limit, the person in charge who is directly responsible and other persons directly responsible shall be given an administrative sanction of warning, demerit, or major demerit to be promoted in accordance with the law; Whoever still refuses to accept the application or fails to transfer the application for administrative reconsideration in accordance with the provisions after being ordered to accept it, causing serious consequences, shall be given an administrative sanction of demotion, dismissal, or dismissal in accordance with law.

Article 45 of the Administrative Litigation Law: Where citizens, legal persons, or other organizations are dissatisfied with a reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period. Except as otherwise provided by law.

Article 10 and Article 9 of the Administrative Reconsideration Law, where laws and regulations stipulate that an application shall be made to the administrative reconsideration organ for administrative reconsideration first, and then an administrative lawsuit shall be filed with the people's court if the administrative reconsideration organ decides not to accept the case or fails to reply after accepting the administrative reconsideration decision, a citizen, legal person, or other organization may, within 15 days from the date of receipt of the decision not to accept the case or the date on which the administrative reconsideration period expires, file an administrative lawsuit with the people's court in accordance with the law.

If the administrative reconsideration organ makes a decision not to accept a party's application for reconsideration, the party concerned may file an administrative lawsuit for false accompaniment. According to the relevant provisions of China's "Administrative Reconsideration Law," if the reconsideration organ decides not to accept the case or does not reply after accepting the administrative reconsideration period, citizens, legal persons, or other organizations may file an administrative lawsuit with the people's court within 15 days from the date of receipt of the decision not to accept the case or the date on which the administrative reconsideration period expires.

Article 19 of the Administrative Reconsideration Law of the People's Republic of China Where laws and regulations stipulate that an application for administrative reconsideration shall be made to the administrative reconsideration organ first, and then an administrative lawsuit shall be filed with the people's court if the administrative reconsideration organ is dissatisfied with the administrative reconsideration decision, and the administrative reconsideration organ decides not to accept the case or fails to reply after accepting the administrative reconsideration period, a citizen, legal person or other organization may, within 15 days from the date of receipt of the decision not to accept the case or the date of expiration of the administrative reconsideration period, file an administrative lawsuit with the people's court in accordance with the law.

The time limit for filing a lawsuit against an administrative reconsideration decision is 15 days. Where an application for administrative reconsideration is made beyond the prescribed time limit, the case will not be accepted again at this time, but if the time limit for administrative litigation has not been exceeded, an administrative lawsuit may also be filed with the court.

1. There are several more administrative reconsiderations.

China implements a first-level reconsideration system, that is, if you are dissatisfied with a reconsideration decision, you can only file an administrative lawsuit with the people's court in accordance with the law, and you may not apply for reconsideration to the administrative organ at the next higher level of the reconsideration organ. Where citizens, legal persons, or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become 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.

If a citizen who has the right to apply for administrative reconsideration dies, his close relatives may apply for administrative reconsideration. If a citizen who has the right to apply for administrative reconsideration is a person with no or limited capacity for civil conduct, his or her statutory person may apply for administrative reconsideration on his behalf. Where a legal person or other organization that has the right to apply for administrative reconsideration is terminated, the legal person or other organization that inherits its rights may apply for administrative reconsideration.

2. Can I still appeal after withdrawing the administrative reconsideration?

After the administrative reconsideration is withdrawn, if it does not fall under the pre-reconsideration situation, it cannot be appealed, but it can be sued. According to the relevant laws and regulations, if laws and regulations do not stipulate that administrative reconsideration is a necessary procedure for initiating administrative litigation, and a citizen, legal person or other organization applies to the reconsideration organ for administrative reconsideration, and then withdraws the application for reconsideration with the consent of the reconsideration organ, and initiates a lawsuit against the original administrative act within the statutory time limit for initiating litigation, the people's court shall file the case in accordance with law.

3. Whether an administrative lawsuit can be filed during the administrative reconsideration period.

It is not possible to pin the mold. According to China's Administrative Litigation Law, unless laws and regulations stipulate that an application for administrative reconsideration must be made first, the parties to an administrative dispute may freely choose whether to apply for administrative reconsideration or file an administrative lawsuit. Where administrative reconsideration has already been accepted in accordance with law, the parties must not file a lawsuit within the statutory time limit for reconsideration; Where an administrative lawsuit has already been accepted in accordance with law, no further application for administrative reconsideration may be made.

Article 19 of the Administrative Reconsideration Law.

Where laws and regulations stipulate that an application for administrative reconsideration shall be made to the administrative reconsideration organ first, and then an administrative lawsuit shall be filed with the people's court if the administrative reconsideration organ decides not to accept the case or fails to reply after accepting the administrative reconsideration period, a citizen, legal person, or other organization may, within 15 days from the date of receipt of the decision not to accept the case or the date on which the administrative reconsideration period expires, file an administrative lawsuit with the people's court in accordance with the law.

As a result of the administrative reconsideration, an administrative lawsuit may be filed. China's Administrative Litigation Law stipulates that if a person is dissatisfied with an administrative decision made by an administrative organ, he or she shall file a lawsuit with the court within 15 days from the date of receipt of the administrative reconsideration decision.

Legal basis: Article 45 of the Administrative Litigation Law.

Legal Analysis: Yes. Citizens, legal persons, or other organizations that are dissatisfied with an administrative reconsideration decision may file an administrative lawsuit with the people's court within 15 days of receiving the administrative reconsideration decision.

Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 25: The counterpart of an administrative act, as well as other citizens, legal persons, or other organizations that have an interest in the administrative act, have the right to initiate litigation. In the event of the death of a citizen who has the right to file a lawsuit, his close relatives may file a lawsuit.

Where a legal person or other organization that has the right to initiate litigation is terminated, the legal person or other organization that inherits its rights may initiate litigation. Where, in the course of performing their duties, the people's procuratorate discovers that an administrative organ with supervision and management duties in areas such as the protection of the ecological environment and resources, food and drug safety, the protection of state-owned property, and the transfer of state-owned land use rights has illegally exercised its authority or has not made delayed talks, resulting in the infringement of national interests or the public interest, it shall submit a procuratorial recommendation to the administrative organ and urge it to perform its duties in accordance with law. Where administrative organs do not perform their duties in accordance with law, the people's procuratorate shall initiate litigation in the people's courts in accordance with law.