Why go to the Justice Bureau for administrative reconsideration?

According to the provisions of Article 34 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China", administrative cases that fall within the scope of the People's Court shall be subject to the provisions of the law. . When regulations do not stipulate that administrative reconsideration is a necessary procedure for filing administrative litigation, citizens, legal persons or other organizations are free to choose relief methods. If it files a lawsuit and applies for reconsideration at the same time, it should be handled by the agency that first accepted the case. If the first agency to accept the application is the review agency, then the party concerned is not satisfied with the review decision and has the right to file an administrative lawsuit; if the first agency to accept the application is the court, then the party cannot apply for administrative review after the court makes a judgment. This is what is called "Principle of final judicial resolution." However, if the review authority and the court accept the case at the same time, citizens, legal persons or other organizations will choose one of them as the authority to resolve their administrative disputes.

Legal Basis

Article 134 of the "Interpretation of the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China" Act, the administrative agency and the reconsideration agency that made the original administrative act are *** and the defendants. If the plaintiff only sues the administrative agency or reconsideration agency that made the original administrative action, the People's Court shall notify the plaintiff to add additional defendants. If the plaintiff does not agree to the addition, the people's court shall name another agency as a co-defendant. If the administrative reconsideration decision not only maintains the content of the original administrative action, but also changes the content of the original administrative action or refuses to accept the application, the administrative agency that made the original administrative action and the reconsideration agency shall be the co-defendants. When the reconsideration agency handles a case involving the same defendant, the administrative agency that made the original administrative action determines the level of jurisdiction of the case.