Case analysis of administrative procedure law ~ ~ urgent ~

1. ① Administrative Reconsideration Law Article 21 The specific administrative act shall not be suspended during the administrative reconsideration; However, in any of the following circumstances, the execution may be suspended:

(1) The respondent considers it necessary to stop the execution;

(2) the administrative reconsideration organ considers it necessary to stop the execution;

(3) where the applicant applies for suspension of execution, and the administrative reconsideration organ considers its request reasonable and decides to stop execution;

(4) the execution is stopped according to the law.

② Article 31 of the Administrative Reconsideration Law stipulates that the administrative reconsideration organ shall make an administrative reconsideration decision within 6 days from the date of accepting the application; However, the time limit for administrative reconsideration prescribed by law is less than 6 days. If the situation is complicated and it is impossible to make an administrative reconsideration decision within the prescribed time limit, it may be extended appropriately with the approval of the person in charge of the administrative reconsideration organ, and the applicant and the respondent shall be informed, but the extension period shall not exceed 3 days at most

II. Administrative Procedure Law Article 11 The people's court shall accept the lawsuits brought by citizens, legal persons and other organizations who refuse to accept the following specific administrative acts:

(1) Detention, fines, revocation of permits and licenses, ordering to stop production and business.

(2) being dissatisfied with administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property;

(3) thinking that the administrative organ has violated the right to operate independently as stipulated by law;

(4) The administrative organ refuses to issue or refuses to reply to the application for license and license issued by the administrative organ that meets the statutory requirements;

(5) The administrative organ refuses to perform the statutory duties of protecting personal rights and property rights or refuses to give a reply;

(6) thinking that the administrative organ has not paid the pension according to law;

(seven) that the administrative organ is required to perform its obligations illegally;

(8) believing that the administrative organ has infringed upon other personal rights and property rights. In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases that can be brought to court according to laws and regulations.

Paragraph (2) shall be taken as the examination standard.

third, the court should accept the administrative incidental civil action together.

iv. compensation by the state according to the state compensation law. Peng and Wu should bear administrative responsibility.