Disputes and disputes between the government or administrative organs and citizens and organizations are administrative disputes. Disputes and disputes are inevitable. It is important to have fair and effective channels and ways to solve disputes, so as to make society harmonious and stable. For administrative disputes, because the disputant is the administrative organ that holds the administrative power, there are more administrative organs as one party to the administrative dispute to set up organizations and ways to solve the disputes according to law and directly solve the administrative disputes. This is a system that exists all over the world, and it is called administrative reconsideration in China.
Administrative reconsideration is a formal way to solve administrative disputes in China. It refers to a legal system in which citizens, legal persons or other organizations think that a specific administrative act of an administrative subject is illegal or improperly infringes on their legitimate rights and interests, and apply to the competent administrative organ for a review of the specific administrative act according to law, and the administrative reconsideration organ reviews the legality and appropriateness of the applied specific administrative act according to legal procedures, and makes an administrative reconsideration decision.
Extended data:
The Administrative Reconsideration Law of the People's Republic of China was adopted by the Ninth Session of the Ninth the NPC Standing Committee on 1 April 29, 1999, and came into force on1October/October/9991day. The current version is 20 1 September 71date, revised at the 29th session of the 12th the NPC Standing Committee.
The characteristics of administrative reconsideration mainly include:
1, administrative reconsideration takes administrative disputes and some civil disputes as the processing objects;
2, administrative reconsideration directly to the specific administrative act as the object of review;
3. The legality and rationality are the review criteria for administrative reconsideration;
4. The main way of administrative reconsideration is written trial;
5. Administrative reconsideration takes the administrative counterpart as the applicant and the administrative subject as the respondent;
6. Administrative reconsideration shall be handled by administrative organs.
Advantages of administrative reconsideration:
1, professionalism. The administrative reconsideration organ is still an administrative organ, with experts from all walks of life and professional and technical experience and conditions to solve related administrative disputes;
2. Convenience. The program is relatively simple and fast;
3. low cost. Administrative reconsideration is free of charge;
4. Wide range. The judicial review of administrative litigation is limited to the legality review. The review of administrative reconsideration can not only review the legality, but also review the rationality, and the scope of protection for the parties is wider.
References:
People's Network-Building Administrative Reconsideration into the Main Channel to Solve Administrative Disputes
References:
Baidu Encyclopedia-Administrative Reconsideration