After the public security organ files a case, it does not investigate and dismiss the criminal case. If the victim refuses to accept the decision to dismiss the case, can he apply for administrative r

After the public security organ files a case, it does not investigate and dismiss the criminal case. If the victim refuses to accept the decision to dismiss the case, can he apply for administrative reconsideration or administrative litigation? If the public security organ dismisses the criminal case without conducting an investigation after filing the case, and the victim is dissatisfied with the decision to dismiss the case, he or she may not apply for administrative review or file an administrative lawsuit. Only citizens, legal persons and other organizations that are dissatisfied with specific administrative actions can apply to the administrative agency for reconsideration or file a lawsuit.

Criminal cases do not fall within the scope of administrative reconsideration and administrative litigation. If you are dissatisfied with the decision not to file the case, you may, within seven days after receiving the notice of not filing the case, file a complaint with the public security agency that made the decision or the higher-level public security agency or the People's Procuratorate. File a complaint. If it is a criminal liability case that the public security organ or the People's Procuratorate refuses to file, a criminal private prosecution can also be filed directly with the court.

Article 113 of the "Criminal Procedure Law": If the People's Procuratorate believes that the public security organs will not open a case for investigation, or the victim believes that the public security organs will not open a case for investigation, the People's Procuratorate shall request the public security organs to explain why they do not open a case. reason.

If the People's Procuratorate believes that the reason for the public security organ not to file a case is untenable, it shall notify the public security organ to file the case, and the public security organ shall file the case after receiving the notification.

Extended data:

Article 112 of the "Criminal Procedure Law of the People's Republic of China": People's courts, people's procuratorates or public security organs shall, according to their jurisdiction, handle reports and accusations , reports and surrender materials shall be reviewed in a timely manner. If it is deemed that there are criminal facts that require criminal liability, a case shall be filed.

If it is believed that there are no criminal facts, or the criminal facts are obviously minor and there is no need to pursue criminal responsibility, the case will not be filed and the complainant will be informed of the reasons for not filing the case. If the complainant is dissatisfied, he may apply for reconsideration.

Article 210 Private prosecution cases include the following cases:

(1) Notification of the handling situation;

(2) Minor criminal cases certified by the victim;

(3) Cases in which the victim has evidence proving that the defendant has violated his personal or property rights and should be held criminally responsible in accordance with the law, but the public security organ or the People's Procuratorate will not hold the defendant criminally responsible.

Reference materials:

Xinhuanet-Criminal Procedure Law of the People's Republic of China