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How long does it take to deal with complaints from national governments?
Ninth citizens, legal persons or other organizations that a specific administrative act infringes upon their legitimate rights and interests 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.
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.
administrative procedure law of the people's republic of china
Article 45 If a citizen, legal person or other organization refuses to accept the reconsideration decision, it may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court within 15 days after the expiration of the reconsideration period. Except as otherwise provided by law.
Article 46 If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law.
The people's court shall not accept real estate lawsuits filed more than 20 years from the date of administrative acts, and other lawsuits filed more than 5 years from the date of administrative acts.
Two. What kinds of evidence are there in administrative proceedings?
1, documentary evidence
Refers to the documents recorded or expressed by words and symbols to prove the facts to be proved; Such as certificates, letters, fines, etc.
2. Physical evidence
Refers to an article that explains part or all of the facts to be proved through its shape, characteristics and quality. Such as drugs that do not meet the national quality standards.
3. Audio-visual materials
Refers to the factual materials related to the case recorded by means of audio and video recording. Such as audio and language recorded by tape recorders; People and their activities recorded by video recorders; Data stored by electronic computer, etc. Audio-visual materials may be provided by the parties concerned, and the people's court may also take the initiative to request or copy them from relevant units and individuals.
4. Testimony of witnesses
Refers to the witness's oral or written statement about the facts of the case to the people's court. All citizens and organizations have the obligation to testify, except those who are mentally or physically defective and can't express their will correctly and the litigation agent of the case can't be the witnesses of the case. Witnesses should generally appear in court in person. If he cannot appear in court under special circumstances, he may testify in the form of written testimony with the permission of the people's court.
5, the statement of the parties
Refers to the description of the facts of the case and the circumstances that prove these facts put forward by the direct interested party to the people's court. Because administrative disputes are disputes between the parties, they know the facts of the disputes best. The statement of the parties is an important clue to find out the facts of the case and should be taken seriously. However, because administrative disputes directly involve the interests of both parties, the people's court should treat the statements of the parties objectively and pay attention to whether there are one-sided and false parts. Only by combining the statements of the parties with other evidence in this case, comprehensive research and review can we determine whether it can be used as the basis for ascertaining the facts.
6. Evaluation conclusion
It refers to the conclusion made by the specialized agency designated by the people's court on the technical appraisal of the specialized problems arising in administrative cases. Because administrative cases involve many professional and technical management fields, expert conclusions are widely used as evidence in administrative litigation. Such as the drug quality inspection certificate of the health supervision institution.
From the above analysis, we know that according to the provisions of administrative reconsideration, if a party files an appeal against an administrative act, the reconsideration period is 60 days.
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