Newly revised. Administrative Reconsideration Law of the People's Republic of China
It will come into force on January 1, 2024.
After the new Administrative Reconsideration Law was officially implemented.
When the applicant files an application for administrative reconsideration.
What changes do I need to be aware of?
Kyoji Guanlan. Likes125
The newly revised Administrative Reconsideration Law strengthens the ability of administrative reconsideration to absorb administrative disputes from two aspects: expanding the scope of administrative reconsideration and improving the pre-requisite provisions for administrative reconsideration, and strives to build a unified system.
1. A scientific administrative reconsideration jurisdiction system, improve the administrative reconsideration trial procedures, increase the summary procedures, promote the separation of complicated and simple administrative reconsideration cases, further optimize the administrative reconsideration decision system, and strengthen the supervision of the implementation of administrative reconsideration decisions.
The administrative reconsideration jurisdiction system has changed
The amendment to the law abolishes the administrative reconsideration duties of local people's work departments, and is uniformly exercised by local people's work departments at or above the county level. In addition, those who are dissatisfied with the administrative acts of the local people's ** judicial administrative departments performing the duties of administrative reconsideration bodies may apply for administrative reconsideration to the people's ** at the same level, and may also apply to the judicial administrative departments at the next higher level for administrative reconsideration.
That is to say, within the scope of Beijing, only the people of Beijing, the people of all districts, the Administrative Committee of the Beijing Economic and Technological Development Zone, and the Beijing Municipal Bureau of Justice can be the administrative reconsideration organs. For example, if you are dissatisfied with the administrative penalty decision made by the Housing and Urban-Rural Development Commission of Haidian District, Beijing, you can now apply for administrative reconsideration to the people of Haidian District, Beijing, or to the Beijing Municipal Commission of Housing and Urban-Rural Development. However, after the new law is officially implemented, it can only apply to the people of Haidian District, Beijing for administrative reconsideration.
At the same time, the new law retains the special circumstances of administrative organs, taxation and administrative organs that implement vertical leadership, and if they are dissatisfied with the administrative acts of administrative organs that implement vertical leadership, such as customs, finance, and foreign exchange management, and tax and administrative organs, they shall apply to the competent department at the next higher level for administrative reconsideration.
Expand the scope of administrative reconsideration
On the basis of retaining the scope of administrative reconsideration stipulated in the old law, it is clear that those who are dissatisfied with administrative compensation, work-related injury determination, administrative agreement, information disclosure and other acts may apply for administrative reconsideration, including:
Compensation decisions or non-compensation decisions made by administrative organs;
A decision made by an administrative organ not to accept an application for determination of work-related injury or a conclusion on the determination of work-related injury;
Finding that an administrative organ has abused its administrative power to eliminate or restrict competition;
It is believed that the administrative organ does not conclude in accordance with the law, does not perform in accordance with the law, fails to perform in accordance with the agreement, or illegally changes or dissolves the ** franchise agreement, land and housing expropriation compensation agreement and other administrative agreements;
It is believed that the administrative organ has violated its lawful rights and interests in the work of information disclosure.
In any of the above circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with the new law.
At the same time, the new law also clarifies the matters that do not fall within the scope of administrative reconsideration, including:
National defense, foreign affairs and other state acts;
Administrative regulations, rules, or decisions and orders formulated or issued by administrative organs and other normative documents with universal binding force;
Decisions on rewards and punishments, appointments and dismissals of administrative organs' staff;
Mediation of civil disputes by administrative organs.
Optimize the scope of pre-administrative reconsideration
It is clearly stipulated that those who are dissatisfied with the following acts shall first apply to the administrative reconsideration organ for administrative reconsideration, and those who are dissatisfied with the administrative reconsideration decision may file an administrative lawsuit with the people's court in accordance with the law, mainly including:
Administrative penalty decisions made on the spot;
Decisions made by administrative organs that infringe upon the ownership or right to use natural resources that they have acquired in accordance with law;
It is found that the administrative organ has failed to perform its statutory duties as provided for in Article 11 of the New Law;
The administrative organ will not disclose the application for ** information disclosure;
Laws and administrative regulations stipulate that an application for administrative reconsideration shall be made to the administrative reconsideration organ first.
In the above-mentioned circumstances, when an administrative organ takes an administrative act, it shall inform citizens, legal persons, or other organizations to first apply to the administrative reconsideration organ for administrative reconsideration.
Clarify the manner in which an application for administrative reconsideration is submitted
Applicants may apply for administrative reconsideration in writing, and if they have difficulties, they may also apply orally.
Where an application is made in writing, an application for administrative reconsideration may be submitted by mail or through an Internet channel designated by the administrative reconsideration organ, or an application for administrative reconsideration may also be submitted in person.
In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, the main facts, reasons, and time of the request for administrative reconsideration and the application for administrative reconsideration.
It is convenient for citizens, legal persons and other organizations to apply for and participate in administrative reconsideration
Applicants and third parties may entrust 1 or 2 lawyers, basic-level legal service workers, or other ** persons to participate in administrative reconsideration on their behalf.
Where applicants for administrative reconsideration who meet the requirements for legal aid apply for legal aid, the legal aid institution shall provide them with legal aid in accordance with law.
Where administrative organs deliver administrative act decisions through internet channels, they shall concurrently provide internet channels for submitting applications for administrative reconsideration.
Where an administrative penalty decision is made on the spot or is made on the basis of illegal facts recorded by electronic technical monitoring equipment, and an application for administrative reconsideration is made, an application for administrative reconsideration may be submitted through the administrative organ that made the administrative punishment decision.
Clarify the process for filing and reviewing administrative reconsideration cases
If the materials for an administrative reconsideration application are incomplete or unclear, and it is impossible to judge whether the application for administrative reconsideration meets the conditions for acceptance, the administrative reconsideration organ shall notify the applicant in writing of the amendment within 5 days from the date of receipt of the application, and the notice of amendment shall indicate the matters that need to be supplemented and corrected at one time, and the applicant shall submit the materials for supplementation and correction within 10 days from the date of receipt of the notice of supplementation and correction。
Where a citizen, legal person or other organization submits an application for administrative reconsideration in accordance with the law, and the administrative reconsideration organ refuses to accept or reject the application without justifiable reasons, or fails to reply after accepting the application beyond the time limit for administrative reconsideration, the applicant may, within 15 days from the date of receipt of the written decision or the date of expiration of the administrative reconsideration period, file an administrative lawsuit with the people's court in accordance with the law, or report it to the administrative organ at a higher level, and the administrative organ at a higher level shall order it to make corrections, and when necessary, the administrative reconsideration organ at a higher level may directly accept it.
Adjust the time limit for applying for administrative reconsideration
Where citizens, legal persons, or other organizations believe that an 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 knew or should have known of the administrative act, except where the time limit for application provided 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.
Where an administrative organ fails to inform a citizen, legal person or other organization of the 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 application period shall be calculated from the date on which the citizen, legal person or other organization knows or should know the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for application, but the maximum period shall not exceed one year from the date on which the citizen, legal person or other organization knows or should know the content of the administrative act.
If an application for administrative reconsideration due to immovable property has elapsed more than 20 years since the date of the administrative act, and more than 5 years since the date of the administrative act, the administrative reconsideration organ shall not accept the application.
Administrative reconsideration cases may be mediated
Administrative reconsideration mediation shall follow the principles of legality and voluntariness, and shall not harm the interests of the state, the public interest, or the lawful rights and interests of others, and shall not violate the mandatory provisions of laws and regulations.
Kyoji Guanlan.