The new Administrative Reconsideration Law
Administrative reconsideration is an important legal system for resolving administrative disputes, and its main function is to prevent and correct illegal or improper administrative acts and protect the legitimate rights and interests of citizens, legal persons and other organizations. The Administrative Reconsideration Law of the People's Republic of China was amended and adopted by the Fifth Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on September 1, 2023, and will come into force on January 1, 2024.
After the newly revised Administrative Reconsideration Law of the People's Republic of China is officially implemented, what knowledge does the applicant need to know when filing an application for administrative reconsideration?Let's learn Xi together.
What are the requirements for applying for administrative reconsideration?
According to Article 30 of the newly revised Administrative Reconsideration Law of the People's Republic of China:
1) There is a clear applicant and the respondent who meets the provisions of the Administrative Reconsideration Law;
2) The applicant has an interest in the administrative act for which the administrative reconsideration is sought;
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 jurisdiction of the administrative reconsideration organ;(7) The administrative reconsideration organ has not accepted the applicant's application for administrative reconsideration in respect of the same administrative act, and the people's court has not accepted the administrative lawsuit filed by the applicant in respect of the same administrative act.
Is there a time limit for applying for an administrative review?
According to Article 20 of the newly revised Administrative Reconsideration Law of the People's Republic of China, if a citizen, legal person or other organization believes that an administrative act infringes upon its legitimate rights and interests, it shall file an application for administrative reconsideration within 60 days from the date on which it knows or should know about the administrative act. Where an administrative organ fails to inform citizens, legal persons, or other organizations of their right to apply for administrative reconsideration, the administrative reconsideration organ, and the time limit for applying for administrative reconsideration when taking an administrative act, the time limit for applying for an application shall be calculated from the date on which the citizen, legal person, or other organization knows or should know the right, the administrative reconsideration organ, and the time limit for applying for administrative reconsideration, but the maximum period from the date on which the citizen, legal person, or other organization knows or should know the content of the administrative act shall not exceed one year.
What administrative acts can apply for administrative reconsideration?
According to the newly revised Administrative Reconsideration Law of the People's Republic of China Article 11 stipulates that it includes administrative punishment decisions, administrative compulsory measures, administrative compulsory enforcement decisions, administrative licensing, decisions confirming the ownership or right to use natural resources, expropriation and expropriation decisions and compensation decisions, compensation decisions or non-compensation decisions, decisions not accepting applications for work-related injury determination or work-related injury determination conclusions, abuse of administrative power to eliminate or restrict competition, refusal to perform or failure to perform statutory duties in accordance with law, failure to pay social security in accordance with law, failure to conclude or perform in accordance with law, Failure to perform or illegally modify or terminate administrative agreements in accordance with the agreement, ** information disclosure and other administrative acts that infringe on their legitimate rights and interests.
What is the scope within which the applicant should first apply to the administrative organ for administrative reconsideration?
According to Article 23 of the newly revised Administrative Reconsideration Law of the People's Republic of China:
1) Dissatisfied with the administrative penalty decision made on the spot;
2) Dissatisfied with a decision made by an administrative authority that infringes on the ownership or right to use natural resources that it has acquired in accordance with the law;
3) Believing that the administrative organ has not performed its statutory duties in accordance with the law;
4) The administrative organ will not disclose the application for ** information disclosure;
5) Other circumstances where laws and administrative regulations provide that an application for administrative reconsideration shall be made to the administrative reconsideration organ first.
In the case of pre-administrative reconsideration, the administrative organ shall, when taking an administrative act, inform the citizen, legal person or other organization to first apply to the administrative reconsideration organ for administrative reconsideration.
How to determine the administrative reconsideration organ?
According to Article 24 of the newly revised Administrative Reconsideration Law of the People's Republic of China:Local people at or above the county level exercise administrative reconsideration duties in a unified mannerIt has jurisdiction over administrative reconsideration cases in which the people's work department at the next level, the people's work department at the same level, the dispatched organ, and the authorized organization serve as the respondent. At the same time, the people** of provinces, autonomous regions, and municipalities directly under the Central Government have jurisdiction over administrative reconsideration cases in which their organs are the respondents. The dispatched organs of the people's ** of provinces, autonomous regions, and municipalities directly under the Central Government have jurisdiction over administrative reconsideration cases with reference to the people's ** at the level of cities divided into districts. Administrative reconsideration cases of dissatisfaction with administrative acts made in the name of the dispatched agencies established by local people's work departments at or above the county level in accordance with the provisions of laws, regulations, and rules shall be under the jurisdiction of the people's ** at the same level;Among them, those who are dissatisfied with the administrative acts taken by the dispatched agencies established by the people's work departments of municipalities directly under the Central Government or cities divided into districts in accordance with administrative divisions may also be under the jurisdiction of the people's ** where they are located.
According to Article 27 of the newly revised Administrative Reconsideration Law of the People's Republic of China, the administrative organs, taxation and administrative organs that implement vertical leadership such as customs, finance, and foreign exchange management shall perform administrative reconsideration duties by the competent department at the next higher level.
According to Article 28 of the newly revised Administrative Reconsideration Law of the People's Republic of China:If they are dissatisfied with the administrative acts of the local ** judicial administrative department, they may apply for administrative reconsideration to the ** at the same level, or they may also apply for administrative reconsideration to the judicial administrative department at the next higher level.
*: Hulunbuir Pufa.