In China, administrative reconsideration institutions are mainly established by the government and its functional departments. As a specialized agency within the administrative organ, it is responsible for accepting applications for reconsideration of specific administrative acts by citizens, legal persons or other organizations. The main duties of administrative reconsideration institutions include: accepting reconsideration applications, examining the legality, completeness and authenticity of application materials, examining the legality of specific administrative acts of administrative organs, and making reconsideration decisions.
Specifically, the workflow of administrative reconsideration institutions usually includes the following links: first, receiving and registering applications for reconsideration to ensure that the legitimate rights and interests of applicants are protected in time; Secondly, review the application materials, verify the relevant evidence and facts, and ensure the legality and effectiveness of the reconsideration application; Then, review the legality of the specific administrative act of the administrative organ, including fact finding and law application. Finally, make a reconsideration decision according to the review results, and serve the reconsideration decision on the applicant and the original administrative organ.
The establishment and operation of administrative reconsideration institutions aims at protecting the legitimate rights and interests of citizens, legal persons or other organizations and maintaining the administration of administrative organs according to law. Through administrative reconsideration, we can effectively correct the improper administrative behavior of administrative organs, promote the administrative organs to administer according to law and reasonably, and improve administrative efficiency and service level.
It should be noted that the administrative reconsideration institutions of different levels of government and different functional departments may be different, and the applicant should choose the appropriate reconsideration institution to apply according to the specific situation. At the same time, the administrative reconsideration institution should follow the principles of justice, fairness and openness when handling the reconsideration application to ensure the legality and impartiality of the reconsideration decision.
To sum up:
The administrative reconsideration institution is a specialized organ responsible for accepting and handling applications for administrative reconsideration. Its main duties are to protect the legitimate rights and interests of citizens, legal persons or other organizations and to safeguard the administration of administrative organs according to law. The applicant should choose the appropriate reconsideration organ to apply according to the specific circumstances, and follow the relevant legal provisions and procedural requirements. The administrative reconsideration institution shall follow the principles of justice, fairness and openness in handling the reconsideration application, and ensure the legality and justice of the reconsideration decision.
Legal basis:
People's Republic of China (PRC) Administrative Reconsideration Law
Article 12 stipulates:
If the applicant refuses to accept the specific administrative act of the working department of the local people's government at or above the county level, he may choose to apply for administrative reconsideration to the people's government at the corresponding level or the competent department at the next higher level.
If they are dissatisfied with the specific administrative acts of the administrative organs or state security organs that implement vertical leadership, such as customs, finance, national tax and foreign exchange management, they shall apply to the competent department at the next higher level for administrative reconsideration.
People's Republic of China (PRC) Administrative Reconsideration Law
Article 13 stipulates:
Those who are dissatisfied with the specific administrative acts of local people's governments at all levels shall apply to the local people's government at the next higher level for administrative reconsideration.
If a local people's government at the county level refuses to accept a specific administrative act and belongs to an agency established by the people's government of a province or autonomous region according to law, it shall apply for administrative reconsideration to the agency.