Administrative Reconsideration Law Of The People'S Republic Of China

Article 1 this law 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 administrative organs to exercise their functions and powers according to law.

Second citizens, legal persons or other organizations believe that specific administrative acts infringe upon their legitimate rights and interests and apply for administrative reconsideration to the administrative organs. The administrative organ applies the law to the application for administrative reconsideration and the decision of administrative reconsideration.

The third administrative organ that performs administrative reconsideration according to this law is the administrative reconsideration organ.

The organ responsible for legal work of the administrative reconsideration organ specifically handles administrative reconsideration matters and performs the following duties:

(1) accepting the application for administrative reconsideration;

(two) investigation and evidence collection from relevant organizations and personnel;

(three) to examine whether the specific administrative act of applying for administrative reconsideration is lawful and appropriate, and draw up the administrative reconsideration decision;

(four) processing or forwarding the examination application for the relevant provisions of the seventh article of this law;

(five) put forward proposals for handling administrative acts violating the provisions of this Law in accordance with the prescribed powers and procedures.

(six) handling matters that should be filed for administrative proceedings because of disapproval of administrative reconsideration decisions;

(seven) other duties stipulated by laws and regulations.

The fourth administrative reconsideration organs shall abide by the principles of legality, fairness, openness, timely and convenience to the people in carrying out the duties of administrative reconsideration. They must persist in making mistakes and ensure the correct implementation of laws and regulations.

If fifth citizens, legal persons or other organizations refuse to accept the decision of administrative reconsideration, they may bring administrative proceedings to the people's court in accordance with the provisions of the administrative procedure law, except that the law provides that the administrative reconsideration decision shall be final.

Article sixth a citizen, a legal person or any other organization may apply for administrative reconsideration in accordance with this Law:

(1) refusing to accept the administrative penalty decision made by the administrative organ, such as a warning, a fine, confiscation of illegal gains, confiscation of illegal property, order to suspend production or business, suspend or revoke the license, suspend or revoke license, administrative detention, etc.

(two) disapproval of administrative coercive measures such as restriction of personal freedom or sealing up, seizure and freezing of property by administrative organs;

(three) disapproval of the decision made by the administrative organ concerning the alteration, suspension and withdrawal of certificates such as licenses, licenses, qualification certificates and qualification certificates;

(four) disapproval of decisions made by the executive authorities regarding the recognition of the ownership or the right to use natural resources such as land, mineral resources, streams, forests, mountains, grasslands, wasteland, tidal flats and sea areas;

(five) it considers that the administrative organ infringes legitimate business autonomy.

(six) it considers that the administrative organ changes or repeal the agricultural contract and infringes upon its legitimate rights and interests;

(seven) it considers that the administrative organs are illegal in raising funds, collecting property or apportionment expenses or illegally demanding other obligations.

(eight) it considers that it is in conformity with the statutory conditions to apply for administrative organs to issue certificates, such as licenses, licenses, qualification certificates, qualification certificates, etc., or to apply for approval and registration of related matters by administrative organs, and the administrative organs have not dealt with them in accordance with the law.

(nine) to apply for administrative organs to perform the statutory duties of protecting personal rights, property rights and the right to receive education, and the executive authorities have not fulfilled them in accordance with the law.

(ten) applying for administrative organs to issue pensions, social insurance or minimum living expenses in accordance with the law, the administrative organs do not issue them in accordance with the law.

(eleven) it considers that other specific administrative acts of the administrative organs infringe upon their legitimate rights and interests.

The seventh citizen, legal person or other organization considers that the following provisions of the administrative act of the administrative organ are not lawful according to the regulations. When applying for administrative reconsideration for specific administrative acts, the administrative reconsideration organ may apply to the administrative reconsideration organ for examination.

(1) the provisions of the State Council departments;

(two) the provisions of the local people's governments at or above the county level and their working departments;

(three) the provisions of the people's Government of townships and towns.

The provisions mentioned in the preceding paragraph do not contain the rules of the Ministry of State Council, the rules of the Commission and the rules of the local people's government.

The examination of rules and regulations shall be handled in accordance with laws and administrative regulations.

If the eighth article disagrees with the administrative sanction or other personnel handling decision made by the administrative organ, it shall make a complaint in accordance with the relevant laws and administrative regulations.

In case of mediation or other handling of civil disputes, administrative organs shall apply for arbitration or bring a suit in the people's court according to law.

If ninth citizens, legal persons or other organizations believe that specific administrative acts infringe upon their legitimate rights and interests, they may apply for administrative reconsideration within sixty days from the date of knowing the specific administrative act, except that the time limit for applying the law is more than sixty days.

Due to force majeure or other legitimate reasons for delay in the time limit for statutory application, the time limit for application shall continue to be calculated from the date of obstruction removal.

The tenth citizen, legal person or other organization applying for administrative reconsideration according to this law is the applicant.

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 without or with limited capacity for civil conduct, his legal representative may apply for administrative reconsideration.

If a legal person or other organization that has the right to apply for administrative review terminates, the legal person or other organization that has the right to apply for it may apply for administrative reconsideration.

Other citizens, legal persons or other organizations who are interested in the specific administrative acts of administrative reconsideration may participate in administrative reconsideration as third party members.

If a citizen, a legal person or any other organization refuses to accept the application for administrative reconsideration to the specific administrative act of the administrative organ, the administrative organ that makes a specific administrative act is the respondent.

The applicant or the third party may entrust an agent to participate in the administrative reconsideration on behalf of the agent.

The eleventh applicant applies for administrative reconsideration, may apply in writing or oral application; if an oral application is made, the administrative reconsideration organ shall, on the spot, record the applicant's basic situation, the request for administrative reconsideration, and the main facts, reasons and time for applying for administrative reconsideration.

The twelfth article disagrees with the specific administrative act of the local people's governments at or above the county level. The applicant may choose to apply for administrative reconsideration to the people's government at the corresponding level or apply for administrative reconsideration to the competent department at the next higher level.

The administrative departments of the customs, finance, State Taxation, foreign exchange management, etc., which are under the vertical leadership of the administrative organs and the specific administrative acts of the state security organs, refuse to accept the application for administrative reconsideration to the competent departments at the next higher level.

The thirteenth article disagrees with the specific administrative acts of the local people's governments at various levels, and applies for administrative reconsideration to the local people's governments at the next higher level.

If the local people's Government of the county local people's government, which is set up by the people's Government of the province and autonomous region in accordance with the law, does not accept the specific administrative actions of the local people's Government of the county, it will apply to the agency to apply for administrative reconsideration.

The fourteenth article disagrees with the specific administrative act of the State Council departments or the people's governments of provinces, autonomous regions and municipalities directly under the central government, and applies for administrative reconsideration to the State Council departments or the people's governments of provinces, autonomous regions and municipalities directly under the central government that make such specific administrative acts.

If he refuses to accept the decision of the administrative reconsideration, he may bring an administrative lawsuit to the people's court, or apply for a ruling to the State Council, and the State Council shall make a final ruling in accordance with the provisions of this law.

Article fifteenth refuses to accept the specific administrative act of any other administrative organ or organization other than the twelfth, thirteenth and fourteenth provisions of this law, and applies for administrative reconsideration in accordance with the following provisions:

(1) to refuse to accept the specific administrative act of the local people's government at or above the county level according to law, and to apply for administrative reconsideration to the people's government that has set up the dispatched office;

(two) if the dispatched offices established by the government departments according to law, in accordance with the provisions of laws, regulations or rules and regulations, refuse to accept the specific administrative acts made in their own name, apply for administrative reconsideration to the departments that set up the dispatched offices or the local people's governments at that level.

(three) disregarding the specific administrative acts of the organizations authorized by laws and regulations, apply for administrative reconsideration separately to the local people's governments directly under the authority, the local people's government departments or the State Council departments.

(four) if two or more than two administrative organs fail to accept the specific administrative act made in the common name, they shall apply for administrative reconsideration to their joint superior administrative organs.

(five) if the dismanding administrative organ refuses to accept the specific administrative act before it is revoked, it shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers.

In case of any of the circumstances mentioned in the preceding paragraph, the applicant may also apply for administrative reconsideration to the local people's government at the place where the specific administrative act occurs, and the local people's government at the county level that accepts the application shall handle the matter in accordance with the eighteenth provision of this Law.

If sixteenth citizens, legal persons or other organizations apply for administrative reconsideration, the administrative reconsideration organs have already accepted them according to law, or the laws and regulations stipulate that they should apply to the administrative reconsideration organ for administrative reconsideration first, refuse to accept the administrative reconsideration decision, and then bring administrative proceedings to the people's court, and shall not bring administrative proceedings to the people's court within the time limit for legal administrative review.

If a citizen, a legal person or any other organization brings an administrative lawsuit to a people's court, the people's court has accepted it in accordance with the law, and shall not apply for administrative reconsideration.

Article seventeenth after receiving the application for administrative reconsideration, the administrative reconsideration organ shall examine the matter within five days, decide not to accept the application for administrative reconsideration which is not in conformity with the provisions of this law, and notify the applicant in writing. If an application for administrative reconsideration is in conformity with the provisions of this law but does not belong to this organ, it shall notify the applicant to submit it to the relevant administrative reconsideration organ.

In addition to the provisions of the preceding paragraph, the application for administrative reconsideration shall be accepted from the date of receipt of the organ responsible for legal work by the administrative reconsideration organ.

Article eighteenth a county local people's Government accepting the application for administrative reconsideration in accordance with the provisions of the fifteenth and second provisions of this Law shall apply to the other administrative reconsideration organs for administrative reconsideration pursuant to the provisions of article fifteenth, paragraph 1, of this law, within seven days from the date of receipt of the application for administrative reconsideration, and pmit the relevant administrative reconsideration organ to the applicant.

The administrative reconsideration organ that accepts the pfer shall be dealt with in accordance with the seventeenth provision of this law.

The nineteenth laws and regulations stipulate that the administrative reconsideration organ shall apply for administrative review first, refuse to accept the administrative reconsideration decision, and bring an administrative lawsuit to the people's court. If the administrative reconsideration organ decides not to accept or accept the case, if it fails to make a reply beyond the time limit for the administrative reconsideration, citizens, legal persons or other organizations may bring administrative proceedings to the people's court according to law within fifteen days from the date of receipt of the decision of the admissibility or from the date of expiry of the administrative review period.

Twentieth citizens, legal persons or other organizations shall apply for administrative reconsideration according to law. If the administrative reconsideration organ refuses to accept the case without proper reasons, the superior administrative organ shall order it to accept the case, and if necessary, the superior administrative organ may also directly accept it.

The twenty-first administrative reconsideration period shall not cease to carry out the specific administrative act; however, any of the following circumstances may be suspended:

(1) the respondent considers it necessary to suspend execution.

(two) the administrative reconsideration organ considers it necessary to suspend execution.

(three) if the applicant applies for suspension of execution, the administrative reconsideration organ considers that its request is reasonable and decides to suspend its execution.

(four) the law provides for the suspension of execution.

The twenty-second administrative reconsideration shall be written in principle. However, if the applicant requests or the administrative reconsideration organ is responsible for the work of the legal system, if necessary, it may investigate the relevant organizations and personnel and listen to the opinions of the applicant, the respondent and the third party.

Twenty-third organs responsible for legal work of administrative reconsideration organs shall, within seven days from the date of application for admissibility of administrative reconsideration, send copies of the applications for administrative reconsideration or copies of applications for administrative reconsideration to the respondent.

The respondent shall receive a copy of the application or a copy of the application record.