Core content: If the administrative counterpart is dissatisfied with specific administrative actions stipulated in laws and regulations, when seeking legal remedies, he should first choose to apply for administrative review to the administrative review agency. This is a preemptive step for administrative review. This article tells you three specific situations in which reconsideration is preempted.
Preemption of administrative review means that the administrative counterpart is dissatisfied with specific administrative actions stipulated in laws and regulations. When seeking legal relief, he should first choose to apply for administrative review to the administrative review agency instead of directly applying to the administrative review authority. The People's Court files an administrative lawsuit; only if the administrative counterpart still has different opinions on the review decision after administrative review, the People's Court can file an administrative lawsuit.
There are three specific situations that are preemptive for reconsideration, as follows:
1. If you are dissatisfied with the specific administrative actions of the departments of the State Council or the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, you must submit the specific administrative action to the people's government. The department of the State Council or the people's government of the province, autonomous region or municipality directly under the Central Government that takes the administrative action shall apply for administrative reconsideration. If you are dissatisfied with the administrative review decision, you may file an administrative lawsuit with the People's Court; you may also apply to the State Council for a ruling, and the State Council will make a final ruling in accordance with the provisions of this Law.
2. Citizens, legal persons or other organizations believe that specific administrative actions of administrative agencies infringe upon their ownership of land, mineral deposits, water flows, forests, mountains, grasslands, wastelands, tidal flats, sea areas and other natural resources that have been acquired in accordance with the law. If you are not satisfied with the administrative review decision, you may file an administrative lawsuit with the People's Court in accordance with the law.
3. When a taxpayer, withholding agent, or tax guarantor has a tax dispute with the tax authority, he or she must first pay or remit the tax and late payment fees in accordance with the tax authority's tax payment decision or provide the corresponding Guarantee, and then you can apply for administrative review in accordance with the law.
In addition, there are: work-related injury insurance cases (Article 53 of the Work-related Injury Insurance Regulations: Dissatisfaction with the work-related injury determination conclusion); social insurance premium penalty cases (Article 25 of the Interim Regulations on the Collection of Social Insurance Premiums); price penalty cases (price penalty cases) 16 provisions on administrative penalties for illegal acts); audit decision cases (Article 46 of the Audit Law Implementation Regulations); trademark and patent cases, etc.