First, after reporting the case, if the public security organ thinks that it does not meet the conditions for filing the case, the parties may apply for reconsideration and review;
Two, if the review results are not satisfied, the parties may appeal to the procuratorial organ that has jurisdiction over the case and request supervision of the case.
What is the difference between administrative reconsideration and reconsideration?
1. Different definitions:
Administrative reconsideration is a re-examination of the judicial organ that refuses to accept the ruling, and there is no restriction on the organs that can be used.
2. Different procedures:
Compared with reconsideration, the difference lies in the need for review by a higher judicial organ. If the public security organ still refuses to accept the procedure of filing a case for supervision after reconsideration, it may apply to the people's procuratorate at the next higher level for review.
3. Different audiences:
Administrative reconsideration is a specific judicial procedure for the death penalty cases imposed by the court. Administrative reconsideration is a re-examination procedure for the specific decisions made by administrative organs or judicial organs to the original organs or higher authorities.
4. Different purposes:
The application for administrative reconsideration is a complaint against a specific administrative act made by a supervisory organ, with the purpose of safeguarding legitimate rights and interests and avoiding unlawful infringement. The application for administrative reconsideration is a complaint against the supervisory decision, mainly against the administrative punishment decision made by the supervisory organ.
5. Different basic systems
The basic systems of administrative reconsideration include first-level reconsideration system, collegiate bench system, written examination system, withdrawal system, hearing system and legal responsibility investigation system.
Remedial measures beyond the retrial period are as follows:
1. If the parties think that the legally effective judgment or ruling is wrong, they may apply to the people's court at the next higher level for retrial;
2, a large number of parties or both of them are citizens, you can also apply to the people's court of first instance for retrial;
3. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 19 of the Criminal Procedure Law of People's Republic of China (PRC)
The investigation of criminal cases shall be conducted by public security organs, except as otherwise provided by law. Crimes such as illegal detention, extorting confessions by torture, and illegal search. The people's procuratorate may file a case for investigation of illegal acts found by judicial personnel in the process of legal supervision of litigation activities. If a major criminal case of a functionary of a state organ under the jurisdiction of a public security organ needs to be directly accepted by a people's procuratorate, it may be placed on file for investigation upon the decision of a people's procuratorate at or above the provincial level. Cases of private prosecution are directly accepted by the people's courts.