What is the process of administrative reconsideration?

Legal analysis: 1. Application and acceptance

1. Application: Administrative reconsideration is based on application. It is based on the initiative of the administrative counterpart, that is, if the counterpart does not apply, the administrative reconsideration organ cannot take the initiative to govern.

2. Acceptance: After the applicant submits an application for reconsideration, the administrative reconsideration organ will review the application for reconsideration.

Two. Trial and decision of administrative reconsideration

1 reconsideration hearing

2. Reconsideration decision: After hearing the reconsideration case, the reconsideration organ finally makes a decision.

Three. Delivery and execution

1. Service: The mode and time limit of service shall be calculated according to the provisions of the Civil Procedure Law of People's Republic of China (PRC).

2. Execution: After the administrative reconsideration decision comes into effect, both parties shall consciously perform it. But sometimes the parties refuse to accept the reconsideration decision and refuse to perform it. At this time, enforcement becomes necessary, otherwise, the authority of national administrative reconsideration cannot be established.

Four. Suspension and termination

1. effect: the administrative reconsideration is suspended, that is, the reconsideration procedure is "suspended"; The termination of administrative reconsideration is the end of reconsideration procedure; After the reasons for the suspension of administrative reconsideration are eliminated, the trial of administrative reconsideration cases shall be resumed in time; When the administrative reconsideration institution suspends or resumes the trial of an administrative reconsideration case, it shall inform the relevant parties.

2. Suspension: the natural person who is the applicant dies, and his close relatives have not yet determined whether to participate in the administrative reconsideration; As an applicant, the natural person loses the ability to participate in administrative reconsideration, and the legal representative has not yet been determined to participate in administrative reconsideration; The legal person or other organization that is the applicant terminates, and the successor of rights and obligations has not been determined; The whereabouts of the natural person as the applicant is unknown or declared missing; The applicant and the respondent are unable to participate in the administrative reconsideration due to force majeure; The case involves the application of law and needs to be explained or confirmed by the competent authority; The trial of one case needs to be based on the trial results of other cases, while other cases have not yet been concluded; Other circumstances that need to suspend administrative reconsideration.

3. Termination (direct termination): the applicant requests to withdraw the application for administrative reconsideration, and the administrative reconsideration institution approves the withdrawal; The natural person who is the applicant dies, and his close relatives or their close relatives have not given up the right of administrative reconsideration; The legal person or other organization that is the applicant terminates, and the successor of its rights and obligations waives the right of administrative reconsideration; The applicant and the respondent have reached a settlement with the permission of the administrative reconsideration institution according to law; After the applicant refuses to accept the administrative detention or administrative compulsory measures restricting personal freedom to apply for administrative reconsideration, the administrative detention or administrative compulsory measures restricting personal freedom are changed to criminal detention because the applicant is suspected of committing a crime because of the same illegal act.

Legal basis: People's Republic of China (PRC) Administrative Reconsideration Law.

Article 3 The administrative organ that performs the duties of administrative reconsideration in accordance with this Law is the administrative reconsideration organ. The institution in charge of legal affairs of the administrative reconsideration organ shall specifically handle administrative reconsideration matters and perform the following duties:

(1) Accepting applications for administrative reconsideration;

(2) Investigating and collecting evidence from relevant organizations and personnel, and consulting documents and materials;

(three) to examine whether the specific administrative act of applying for administrative reconsideration is legal and appropriate, and to formulate the administrative reconsideration decision;

(4) Handling or forwarding the application for examination of the relevant provisions listed in Article 7 of this Law;

(5) to put forward suggestions on handling the acts of administrative organs in violation of the provisions of this law in accordance with the prescribed authority and procedures;

(six) to handle the matters of responding to the administrative litigation brought by the administrative reconsideration decision;

(seven) other duties as prescribed by laws and regulations.

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.

Article 17 After receiving the application for administrative reconsideration, the administrative reconsideration organ shall examine it within five days, decide not to accept the application for administrative reconsideration that does not conform to the provisions of this Law, and inform the applicant in writing; An application for administrative reconsideration that conforms to the provisions of this Law but is not accepted by this organ shall inform the applicant to submit it to the relevant administrative reconsideration organ.

In addition to the provisions of the preceding paragraph, the application for administrative reconsideration shall be accepted as of the date of receipt by the institution responsible for legal affairs of the administrative reconsideration organ.