What cases are before administrative reconsideration?

The situation is as follows:

1. If a citizen, legal person or other organization thinks 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 and sea areas, it 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. "

2. 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.

3. 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.

4. Pre-examination of the Patent Reexamination Board: If the patent applicant refuses to accept the decision of the the State Council Patent Administration Department to reject the application, he may request a re-examination to the Patent Reexamination Board within 3 months from the date of receiving the notice.

5. Punishment of price violations: If the operator refuses to accept the punishment decision made by the government price department, he shall first apply for administrative reconsideration according to law.

Extended data

Pre-administrative reconsideration (also known as pre-administrative reconsideration system) 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.

China's Administrative Reconsideration Law mainly provides for administrative reconsideration in the first paragraph of Article 30: "If a citizen, legal person or any other organization thinks 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 and sea areas, it shall first apply for administrative reconsideration; If you are dissatisfied with the administrative reconsideration decision, you may bring an administrative lawsuit to the people's court. "

It can be seen that China's administrative reconsideration law mainly stipulates the pre-administrative reconsideration of disputes over the ownership of natural resources. In addition, among other laws and regulations, only Article 39 of the Regulations on Administrative Penalties for Public Security, Article 64 of the Customs Law, Article 28 of the Import and Export Commodity Inspection Law, Article 56 of the Tax Administration Law, Article 31 of the National Security Law and Article 11 of the Certified Public Accountant Law provide for administrative reconsideration.

Baidu Encyclopedia: Pre-administrative Reconsideration