1. How many days is the time limit for administrative reconsideration?
Generally apply for administrative reconsideration within 60 days. The applicant for administrative reconsideration shall apply for administrative reconsideration within 60 days from the date of knowing that the specific administrative act of the administrative organ infringes upon its legitimate rights and interests. After receiving the application for reconsideration, the relevant administrative reconsideration institution shall decide whether to accept it within 5 working days. If it is decided to accept the application, the date of receipt of the application for reconsideration shall be the date of acceptance.
The applicant for administrative reconsideration shall apply for administrative reconsideration within 60 days from the date of knowing that the specific administrative act of the administrative organ infringes upon its legitimate rights and interests. If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period will continue to be counted from the date when the obstacle is removed.
After receiving the application for reconsideration, the relevant administrative reconsideration institution shall decide whether to accept it within 5 working days. If it is decided to accept the application, the date of receipt of the application for reconsideration shall be the date of acceptance.
The relevant administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application for reconsideration. Under special circumstances, it may be extended for 30 days with the approval of the person in charge of the relevant administrative reconsideration organ.
If the applicant for reconsideration refuses to accept the reconsideration decision made by the administrative reconsideration organ, he may bring a lawsuit to the people's court within 15 days from the date of receiving the administrative reconsideration decision.
Article 9 of the Administrative Reconsideration Law stipulates that citizens, legal persons or other organizations may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days.
Second, what are the characteristics of administrative reconsideration?
Administrative reconsideration has the following four characteristics:
1. The person who files an administrative reconsideration must be a citizen, legal person and other organization who thinks that the administrative organ's behavior in exercising its functions and powers infringes upon its legitimate rights and interests.
2. When a party files an administrative reconsideration, it must be after the administrative organ has made an administrative decision. If the administrative organ has not made a decision, there will be no reconsideration problem. The task of reconsideration is to solve administrative disputes, not civil or other disputes.
3. If a party refuses to accept the administrative decision of an administrative organ, he can only apply for reconsideration to the administrative organ with the right of administrative reconsideration according to law.
4, administrative reconsideration, mainly written examination, administrative reconsideration decision once served, that is, with legal effect. As long as the law does not stipulate that the reconsideration decision is final, if a party refuses to accept the reconsideration decision, he can still bring a lawsuit to the people's court in accordance with the provisions of the Administrative Procedure Law.
Rights of the applicant
(1) Right to apply for reconsideration
(2) the right of entrustment. In administrative reconsideration, the applicant for reconsideration may entrust an administrative reconsideration agent in writing to participate in the reconsideration on his behalf.
(3) the right to apply for withdrawal
(4) the right to withdraw the application for reconsideration
(5) Apply for the right of enforcement; The applicant for reconsideration has the right to apply for enforcement of the legally effective reconsideration decision.
(6) the right of appeal; If the applicant for reconsideration refuses to accept the reconsideration decision, he may bring an administrative lawsuit to the people's court according to law within the statutory time limit.
(seven) other rights stipulated by laws and regulations.
Obligations of the applicant
(1) In the process of reconsideration, the reconsideration applicant shall consciously abide by the reconsideration discipline.
Maintain the order of reconsideration and obey the arrangements made by the reconsideration organ according to law.
(2) The applicant for reconsideration shall consciously perform the effective reconsideration decision.
(3) Other obligations stipulated by laws and regulations.
In daily life, if citizens and enterprises are punished by the state administrative organs and have objections or objections to the administrative punishment, the punished person may apply to the higher authorities for administrative reconsideration within the validity period. The right to apply for administrative reconsideration is also a legal right granted to every citizen by the state, and no enterprise or individual can arbitrarily deprive it.
Three, what is the situation of administrative reconsideration?
The pre-position of administrative reconsideration means that the administrative counterpart refuses to accept the specific administrative act stipulated by laws and regulations, and when seeking legal relief, he should first choose to 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. At present, there are only the following eight administrative reconsideration provisions in China's laws:
1. If the party refuses to accept the specific administrative act of the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government, it shall apply for administrative reconsideration to the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government that made the specific administrative act. If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court; You can also apply to the State Council for an award, and the State Council will make a final award in accordance with the provisions of this Law.
2. Citizens, legal persons or other organizations that a specific administrative act of an administrative organ infringes on the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches, sea areas, etc., shall first apply for administrative reconsideration; If he refuses to accept the decision of administrative reconsideration, he may bring an administrative lawsuit to the people's court according to law. "
3. Taxpayers, withholding agents, tax payment guarantors and tax authorities must first pay or remit taxes, late fees or provide corresponding guarantees in accordance with the tax decisions of tax authorities, and then they can apply for administrative reconsideration according to law.
4. If the auditee refuses to accept the audit decision, it shall first apply to the auditing organ at the next higher level for reconsideration within 15 days from the date of receiving the audit decision, and cannot directly bring a lawsuit to the people's court. This is about the pre-position of audit administrative reconsideration.
5, public security management punishment superior public security organs ruling.
6. Pre-examination of the Patent Reexamination Board.
7. Industrial injury insurance cases.
8. Penalties for price violations. After receiving the application for reconsideration, the relevant administrative reconsideration institution shall decide whether to accept it within 5 working days.
Legal objectivity:
Article 31 of People's Republic of China (PRC) Administrative Reconsideration Law * * * The administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application; However, the time limit for administrative reconsideration prescribed by law is less than 60 days. If the situation is complicated and it is impossible to make an administrative reconsideration decision within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be informed; However, the extension period shall not exceed 30 days at most. When making a decision on administrative reconsideration, the administrative reconsideration organ shall make a written decision on administrative reconsideration and affix its seal. Once the administrative reconsideration decision is served, it will take legal effect. Article 32 of the Administrative Reconsideration Law of People's Republic of China (PRC) * * * The respondent shall perform the administrative reconsideration decision. If the respondent fails to perform or delays the performance of the administrative reconsideration decision without justifiable reasons, the administrative reconsideration organ or the relevant superior administrative organ shall order it to perform within a time limit.