Legal analysis
According to national laws, applying for reconsideration is one of the litigation rights of the parties and citizens. In other words, the parties concerned or other citizens have the right to request a re-examination of the decision made by the judicial organs to deal with hunger. In the judicial practice of the country, the parties can apply for reconsideration in a wide range. For example, if the judicial organ refuses to file a case, the complainant may request reconsideration, the judicial organ rejects the application for withdrawal, and the party concerned may apply for reconsideration. In addition, the public security organ can also request reconsideration of the people's procuratorate's decision not to approve the arrest, not to prosecute or not to prosecute. When they think there is a problem. However, if the opinion is not accepted, it can also be submitted to the people's procuratorate at the next higher level for review. Because judicial administrative reconsideration is an administrative act based on application, that is, an administrative act made by the judicial administrative reconsideration organ on the basis of examining whether the applied administrative act is legal and appropriate according to the application of the judicial administrative counterpart.
legal ground
Article 179 of the Procedures of Public Security Organs for Handling Criminal Cases If the complainant refuses to accept the decision not to file a case, he may apply for reconsideration to the public security organ that made the decision within seven days after receiving the notice not to file a case; The public security organ shall make a decision within 30 days after receiving the application for reconsideration and serve the written decision on the complainant. If the complainant refuses to accept the decision not to file a case for reconsideration, he may apply for reconsideration to the public security organ at the next higher level within seven days after receiving the reconsideration decision; The public security organ at the next higher level shall make a decision within 30 days after receiving the application for review. If the public security organ at a higher level cancels the decision not to file a case, the public security organ at a lower level shall implement it. If the case is serious and complicated, the public security organ may extend the time limit for reconsideration and review, but the extension period shall not exceed 30 days, and notify the applicant in writing.