The difference between administrative reconsideration and administrative litigation

The differences between administrative litigation and administrative reconsideration are as follows:

There are great differences between administrative litigation and administrative reconsideration in many aspects, for example, the people's court is the handling organ of administrative litigation, and administrative reconsideration is the administrative organ. They are also different in nature. Administrative reconsideration belongs to the hierarchical supervision system within the administrative organs, and administrative reconsideration is the activity of the people's court to hear administrative cases, which belongs to judicial activities. The scope of administrative reconsideration is much larger than that of administrative litigation. Administrative reconsideration generally has no final legal effect. If the counterpart refuses to accept the reconsideration, he can also file a criminal lawsuit. After the initiation of criminal proceedings, the National People's Congress, its Standing Committee and the highest administrative organ may have the final decision on its administrative reconsideration.

How to determine the jurisdiction of administrative litigation?

The jurisdiction of administrative litigation refers to the division of labor for the people's courts to accept administrative cases of first instance. Paragraph 1 of Article 6 of Several Interpretations stipulates: "The administrative courts of people's courts at all levels try administrative cases and examine cases in which administrative organs apply for the execution of their specific administrative acts." The second paragraph stipulates: "Special people's courts and people's courts shall not try administrative cases, nor shall they examine and execute cases in which administrative organs apply for the execution of their specific administrative acts." All these provisions indicate that administrative cases can only be under the jurisdiction of ordinary people's courts.

To sum up, administrative litigation and administrative reconsideration are two parallel legal relief systems. The difference between the two is that administrative reconsideration is an internal supervision system of administrative organs, which is carried out before administrative litigation. Administrative litigation is judicial relief, and the people's court makes a litigation ruling, which is the ultimate solution, also known as the principle of "judicial final relief".

Legal basis:

administrative procedure law of the people's republic of china

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Citizens, legal persons or other organizations have the right to bring a lawsuit to the people's court in accordance with this law if they think that the administrative actions of administrative organs and their staff infringe upon their legitimate rights and interests.

The administrative acts mentioned in the preceding paragraph include administrative acts made by organizations authorized by laws, regulations and rules.

People's Republic of China (PRC) Administrative Reconsideration Law

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If a citizen, a legal person or any other organization believes that a specific administrative act infringes upon their legitimate rights and interests and applies to an administrative organ for administrative reconsideration, the administrative organ shall accept the application for administrative reconsideration and make a decision on administrative reconsideration.