What is reconsideration? How to apply for administrative reconsideration? Or what are the conditions for applying for administrative reconsideration? People who know the law trouble you … it's urgent
What is reconsideration? How to apply for administrative reconsideration? Or what are the conditions for applying for administrative reconsideration? People who know the law trouble you … it's urgent …
Administrative reconsideration: refers to an administrative act in which a citizen, a legal person or any other organization refuses to accept a specific administrative act made by an administrative subject, thinks that the specific administrative act of an administrative subject infringes on its legitimate rights and interests, and submits an application for reconsideration to a statutory administrative reconsideration organ according to law, and the administrative reconsideration organ examines the legality and appropriateness of the specific administrative act according to law and makes an administrative reconsideration decision. It is a method for citizens, legal persons or other organizations to solve administrative disputes through administrative relief. Administrative reconsideration has a time limit. That is, the applicant for administrative reconsideration shall apply for administrative reconsideration within 60 days from the date when he knows that the specific administrative act of the administrative organ infringes on his legitimate rights and interests. If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period will continue to be counted from the date when the obstacle is removed; Administrative reconsideration procedure: refers to the steps followed by the administrative reconsideration organ in hearing administrative reconsideration cases. It belongs to administrative procedure in nature. 1. Application and Acceptance (1) The application for administrative reconsideration is based on the application. It is based on the initiative of the administrative counterpart, that is, the administrative reconsideration organ cannot take the initiative to govern if the counterpart does not apply. According to the provisions of the Administrative Reconsideration Law, an application for reconsideration shall meet the following conditions: 1. The applicant is a citizen, legal person or other organization that believes that a specific administrative act directly infringes upon his lawful rights and interests. 2. Have a clear respondent. 3. There are specific reconsideration requests and factual basis. 4. It belongs to the scope of applying for reconsideration. 5. It belongs to the jurisdiction of the organ accepting reconsideration. 6. Other conditions stipulated by laws and regulations. According to Article 9 and Article 16 of the Administrative Reconsideration Law, the application for reconsideration must also meet the following procedural conditions: (1). Apply for reconsideration within the statutory time limit. (2) If the applicant brings a lawsuit to the people's court and the people's court has accepted it according to law, it may not apply for reconsideration.