The situation that administrative reconsideration must be applied before administrative litigation is called administrative reconsideration preposition, which means that the administrative counterpart refuses to accept the specific provisions of laws and regulations. When seeking legal relief, we should first apply for administrative reconsideration to the administrative reconsideration organ, instead of directly bringing an administrative lawsuit to the people's court. If the administrative counterpart still has different opinions on the reconsideration decision after administrative reconsideration, he may bring an administrative lawsuit to the people's court.
Before administrative reconsideration, there are the following circumstances:
1. The parties think that administrative confirmation (giving it to others) infringes on the ownership or right to use the natural resources that have been obtained.
2. Regarding the administrative collection of tax disputes, the disputes about whether to pay, who pays taxes, how much to pay and how to pay them need to be reconsidered.
3. Pre-evaluation by the Trademark Review and Adjudication Board.
4. Pre-examination of the Patent Reexamination Board.
5. It is forbidden for operators to make centralized decisions and limit the concentration.
Article 30 of the Administrative Reconsideration Law stipulates that citizens, legal persons or other organizations believe that a specific administrative act of an administrative organ infringes on the land, mineral resources, water, forests and mountains they have obtained according to law;
Apply for administrative reconsideration for the ownership or use right of natural resources such as grasslands, wasteland, beaches and sea areas; If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court according to law.