2. The legal basis is different. Administrative reconsideration is based on the Administrative Reconsideration Law and its implementing regulations, and administrative litigation is based on the Administrative Procedure Law.
3. Different procedures. There is only one level of administrative reconsideration, that is, after the administrative reconsideration decision is made, the administrative reconsideration procedure is terminated. If you are dissatisfied with the administrative reconsideration decision, you can only bring an administrative lawsuit to the people's court according to law. However, if the administrative litigation refuses to accept the judgment made by the court of first instance, it can appeal to the higher court. In the process of hearing, administrative reconsideration is generally a written hearing, and only when necessary can a hearing be held or the opinions of relevant personnel be heard in person. Except for special cases, administrative litigation can generally be heard in public, and there are procedures such as evidence exchange, court investigation, cross-examination and debate.
The administrative reconsideration shall implement the responsibility system of the chief executive, that is, the decision-making power of the conclusion of administrative reconsideration shall be examined and approved by administrative organs at all levels, and the chief executive shall make the final decision. Administrative litigation is collegial.
4. The closing method is different. Administrative reconsideration can be mediated by the administrative organ for the applicant and the respondent, and the applicant and the respondent can also reach a settlement voluntarily, but mediation is not applicable to administrative litigation.
5. The content of the trial is different. Administrative reconsideration should not only examine the legality of specific administrative acts, but also their appropriateness, and make a reconsideration decision according to law. In principle, administrative litigation only examines the legality of specific administrative acts, and although it also examines the appropriateness, it generally does not make a ruling on the appropriateness of specific administrative acts of administrative organs.
6. Administrative reconsideration is free of charge, and administrative litigation is charged.
Extended data:
Administrative reconsideration is an activity and system in which a person who has a legal interest in an administrative act thinks that an administrative act made by an administrative organ infringes on his legitimate rights and interests and applies for reconsideration to an administrative organ with legal authority according to law, and the reconsideration organ examines the legality and rationality of the applied administrative act and makes a decision according to law. Administrative reconsideration is a passive administrative behavior implemented by administrative organs, which has the characteristics and attributes of administrative supervision, administrative relief and administrative judicial behavior. It is of great significance and function to supervise and safeguard the administrative subject's exercise of administrative functions and powers according to law and protect the legitimate rights and interests of the counterpart. ?
References:
Baidu encyclopedia: administrative reconsideration