Legal basis: Provisions on the Procedures of Public Security Organs for Criminal Reconsideration and Review of Cases.
Article 6 In the process of handling a criminal case, the following persons concerned may apply for criminal reconsideration to the public security organ that made the decision according to law: (1) If they are not satisfied with the decision to reject the application for withdrawal, the parties concerned, their legal representatives, agents ad litem and defense lawyers may apply; (2) If he refuses to accept the decision to confiscate the deposit, the person who has been released on bail pending trial or his legal representative may raise it; (3) If the guarantor refuses to accept the penalty decision, he may propose it himself; (four) the complainant refuses to accept the decision not to file a case, you can put forward; (five) if the administrative organ that transferred the case refuses to accept the decision not to file a case, it may submit it to the administrative organ.
Article 7 If an applicant for criminal reconsideration refuses to accept the decisions made by the public security organ in Items 2 to 4 of Article 6 of these Provisions, he may file an application for criminal reconsideration with the public security organ at the next higher level.
Article 16 After receiving the application for criminal reconsideration and decision not to file a case submitted by the complainant, the public security organ shall examine whether the complainant has filed a complaint or complaint with the procuratorial organ on the same matter. If the procuratorial organ has accepted the complainant's complaint or accusation on the same matter, the public security organ shall decide not to accept it; After the public security organ accepts the case, the complainant files a complaint or accusation with the procuratorial organ on the same matter. If the procuratorial organ has accepted the case, the public security organ shall terminate the criminal reconsideration and review procedure.
Criminal Procedure Law of the People's Republic of China
Article 92 If the public security organ thinks that the people's procuratorate's decision not to approve the arrest is wrong, it may request reconsideration, but the detained person must be released immediately. If the opinion is not accepted, it may be submitted to the people's procuratorate at the next higher level for review. The people's procuratorate at a higher level shall immediately review and make a decision on whether to change it, and notify the people's procuratorate at a lower level and the public security organ to implement it.
Article 179 If a people's procuratorate decides not to prosecute a case transferred by a public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review.