How to write a written application for reconsideration

The core of administrative disputes to be dealt with in administrative reconsideration is whether the specific administrative act made by the subject exercising administrative power is legal and appropriate. This is also an important difference between the administrative reconsideration system and the administrative mediation system. The following is how to write a written application for reconsideration (5 articles), I hope you like it.

Written application for reconsideration 1

Applicant:

Respondent:

Request for administrative reconsideration:

Order to handle the transfer of property rights

Facts and reasons:

Recently, I went to Zhucheng Housing Management Department to handle the transfer of property rights, and the housing management department refused to accept it on the grounds that the written will needed notarization.

1. Self-written will becomes effective according to the provisions of the Inheritance Law after the death of the testator, so this self-written will is an effective document.

2. Article 32 of the Measures for the Administration of Real Estate Registration stipulates that in any of the following circumstances, the parties concerned shall apply for the registration of the transfer of ownership of the house after the relevant legal documents come into effect or the facts occur: (4) inheritance and bequest; This article stipulates that after the testamentary succession takes effect or the fact of testamentary succession occurs, it is necessary to go to the housing management department to register the transfer of property rights, without notarization of the will.

3. In the Respondent's Reply, it is mentioned that "its authenticity and legality still need to provide effective proof", which means that the Respondent has doubts about the authenticity and legality of the self-written will. Paragraph 3 of Article 11 of the Measures for the Administration of Real Estate Registration stipulates: "The applicant shall be responsible for the authenticity, legality and validity of the application materials, and shall not conceal the real situation or provide false materials to apply for housing registration." In other words, the applicant is responsible for the authenticity, legality and validity of the self-written will, and the housing management department and the registration personnel are not responsible. Articles 81 and 9 of the Measures for the Administration of Real Estate Registration also stipulate that the authenticity, legality and validity of a self-written will cannot be guaranteed, as follows: "If the legally effective documents of judicial organs, administrative organs and arbitration committees prove that the parties concerned obtained the house registration by illegal means such as concealing the real situation or submitting false materials, the house registration agency may cancel the original house registration, withdraw the house ownership certificate, registration certificate or make an announcement invalid; If the applicant submits wrong or false materials to apply for housing registration and causes damage to others, it shall bear corresponding legal responsibilities. " Article 7 of the Inheritance Law also makes corresponding provisions: "If a will is forged, tampered with or destroyed, the heirs with serious circumstances will lose their inheritance rights."

Article 18 of the Measures for the Administration of House Registration also stipulates that the registration department has doubts about the authenticity and legality of the written will. The registrar asks the applicant about the authenticity and legality of the "self-written will", and the results of the inquiry shall be signed and confirmed by the applicant, and kept on file.

4. It is mentioned in the Reply that the applicant is required to submit a "valid inheritance certificate". Isn't the "inheritance certificate" we submitted valid? How can your housing management department conclude that the "inheritance certificate" we submitted is not valid? Article 33 of the Measures for the Administration of House Registration stipulates that: when applying for the registration of house ownership transfer, an "inheritance certificate" shall be submitted, and this inheritance certificate is a self-written will, and this self-written will is valid. If it is not valid, the applicant shall bear all responsibilities. The "Measures for the Administration of Housing Registration" clearly stipulates that your registration department and registration personnel are not responsible.

5. The Reply emphasizes that the Joint Notice on Strengthening Notarization in Real Estate Registration Management is still valid, and the legal effect of this Notice is not even a "departmental regulation". We do not deny that it is invalid.

(1) The Notice is in contradiction with the Measures for the Administration of House Registration. The "Measures for the Administration of Housing Registration" came into effect on July 1st, 2__ _, and the measures did not require notarization of "inheritance certificate" (self-written will).

(2) according to the requirements of the administrative licensing law, the pre-licensing is set by laws and administrative regulations, and the departmental rules have no right to set them, not to mention that even the departmental rules are not in this notice.

(iii) Article 9 of the Measures for the Administration of Housing Registration, which came into effect on July 1, 2, stipulates that the housing registration agency shall, in accordance with laws, regulations and these Measures. This "Notice" is neither a law nor a regulation. How to handle the transfer of property rights according to this "Notice"?

written application for reconsideration 2

Applicant:

Respondent:

Reasons for application:

The applicant refuses to accept the punishment decision numbered _ _ _ issued by the Fifth Branch of Traffic Management Bureau of Chengdu Public Security Bureau on December 22nd, 2, and hereby submits an administrative reconsideration.

Facts and reasons:

1. One point will be deducted from the penalty decisionNo. _ _ _. The punishment is based on "the driver failed to fasten his seat belt as required". However, the police officer who carried out the punishment had no evidence to prove that the applicant was not wearing a seat belt at that time. And the applicant thinks that the punishment basis of the police officer is inconsistent with the facts.

No.2 andNo. _ _ _ _ _ did not ask about the telephone number and other contact information of the parties, nor did they fill in these two columns. Therefore, the applicant thinks that the administrative punishment procedure involved in the above administrative punishment is illegal.

3. In this incident, the applicant was stopped and punished by a police officer under the condition of normal exercise on the road. The applicant thinks that this kind of punishment is inappropriate and violates the spirit of Taoism. In addition, when the police officer asked the applicant to sign the punishment decision, the applicant asked whether it was necessary to sign it, and the police officer put the matter aside to deal with other things and let the applicant wait. Is this appropriate?

purpose and requirements of reconsideration: the applicant thinks that the punishment decision is

1. The evidence is insufficient.

2. The administrative penalty procedure is illegal.

it is required to cancel the punishment decisionNo. _ _ issued by the fifth branch of the Traffic Management Bureau of Chengdu Public Security Bureau. I sincerely hope that front-line police officers can effectively improve the level of law enforcement, and I would like to thank the traffic police for their hard work!

written application for reconsideration 3

Applicant:

Respondent:

1. From the procedural point of view, the Respondent cannot file a case to handle this case.

1. The respondent claims to accept the case according to Article 53 of the Trademark Law of the People's Republic of China (hereinafter referred to as the Trademark Law). However, under the circumstances stipulated in Article 53 of the Trademark Law, the trademark registrant or interested party may request the administrative department for industry and commerce to handle the case only when the parties are unwilling to negotiate or fail to negotiate when there is one of the acts infringing the exclusive right to use a registered trademark. That is to say, the case cannot be accepted when the respondent cannot provide the request of the trademark registrant or interested party to handle the application. The requirements of this procedure are strictly stipulated in Articles 22 and 23 of the Provisions on Administrative Punishment Procedures of the Administration for Industry and Commerce (Trial). The so-called "Complaint" provided by the respondent in this case is not the request of the trademark registrant.

2. according to article 9 of the opinions of the state administration for industry and commerce on several issues concerning the investigation and handling of trademark violations by administrative departments for industry and commerce, if a foreign enterprise or foreigner requests to protect its exclusive right to use a trademark, it must be represented by a foreign-related trademark agency designated by the state. The respondent in this case thinks that the registered trademark owner is abroad, but has not provided his request for the protection of the exclusive right to use a trademark through a foreign-related trademark agency designated by the state. How can the respondent have jurisdiction?

3. according to article 1 of the opinions of the state administration for industry and commerce on several issues concerning the investigation and handling of trademark violations by administrative departments for industry and commerce, if a foreign-related trademark infringement case is involved, the respondent shall report to the state administration for industry and commerce in a timely manner in addition to the investigation and handling work. But so far, the applicant has not seen the respondent have similar report materials, which proves from another side that the respondent has no right to govern the case.

4. During the hearing, the respondent believed that the applicant's use of the "Golden Honda-Electric Vehicle" was due to the improper use of the enterprise name that infringed on the exclusive right to use the trademark of Honda. However, according to Article 9 of Opinions of the State Administration for Industry and Commerce on Solving Several Problems between Trademark and Enterprise Name, if the case of confusion between trademark and enterprise name occurred in the same provincial administrative region, it shall be handled by the provincial administration for industry and commerce; Cross-provincial administrative regions shall be handled by the State Administration for Industry and Commerce. " The provisions of the "Honda" trademark registrant in Japan, the respondent has no right to jurisdiction.

5. after the hearing, the respondent revoked the "Gao gong Shang Bao Zi (2__) No.12" on the grounds of clerical error, and re-issued the "Gao Gong Shang Bao Zi (2__) No.21" hearing notice. The applicant thinks that the respondent's behavior is obviously a bad abuse of administrative power, which can't make the final administrative punishment decision legal and effective.

second, from the substantive point of view, the respondent believes that the applicant's infringement of the exclusive right to use a registered trademark of others has no factual and legal basis.

1. The applicant believes that there is nothing improper or in violation of the Trademark Law when using the trademark "Golden Honda I". Mark and inform consumers that the vehicle is "Golden Honda-Electric Vehicle" on their own electric vehicles, and there is no infringement of the exclusive right to use registered trademarks of others.

2. The use of the trademark of "Golden Honda I" by the applicant does not constitute infringement of the trademark of "Honda". The reason is that "Honda" trademark and "Golden Honda I" trademark are not similar objectively, and the two word mark are completely different not only in design concept and graphic meaning, but also in visual effect. "Golden Honda One" is composed of four Chinese characters, and the font, size and color are the same. Combining the perception and attention of the relevant public of automobile, motorcycle and electric bicycle products in the market, comparing the differences between "Honda" and "Golden Honda One" and the differences between different products, we can comprehensively judge that the two trademarks are not similar, and the relevant public will not confuse the trademarks or products or misunderstand their sources.

3. Changzhou Gaoxin Jinshi Bicycle Industry & Trade Co., Ltd. applied for registration with the Trademark Office of the State Administration for Industry and Commerce on July 27th, 2, and the company agreed to the applicant's use of this trademark. The applicant does not have any behavior that infringes on the exclusive right to use a registered trademark of others.

4. The "Golden Honda I" electric vehicle produced by the applicant is a product that complies with the Notice on the Trial Filing System for Electric Bicycle Manufacturers and Products (see Jiangsu Economic and Trade Commission [2 _] No.61 and [2 _] No.189). It can apply for a license from the vehicle management department in any part of the province, and the "Golden Honda I" produced by the applicant in the same industry in Jiangsu Province and even the whole country.

5. As the administrative organ handling this case, the respondent cannot provide sufficient evidence to prove that the trademark of "Golden Honda I" infringes the trademark of "Honda". During the hearing, the respondent's case investigator thought that because the word "Golden Honda I" printed on the trademark of two electric vehicles was wrongly printed as 1, it was determined that the applicant highlighted the use of the word "Golden Honda I", and if the applicant wanted to highlight the use of "Golden Honda I", why did only two of the 28 electric vehicles sold in Gaochun County use the trademark, while the other 26 vehicles all used the trademark "Golden Honda I"?

to sum up, the applicant believes that it is a serious violation of the applicant's legitimate rights and interests, and it also seriously undermines the normal economic order and violates the purpose of building a harmonious society. Therefore, the applicant has filed an administrative reconsideration with your government, hoping to support the applicant's reconsideration request according to law.

written application for reconsideration 4

Applicant: Qiao _ _ Gender: Male ID number:

Date of birth: June 22, 1991

Mailing address: Northeast Normal University, Changchun City, Jilin Province _ _

Contact information: 18744 _ ___

Respondent: I request Huanggang Municipal People's Government to order Macheng Municipal People's Government to give a clear written reply to my application and apologize to me.

Facts and reasons:

On September 26th, 2, I mailed an application for information disclosure to Macheng Municipal People's Government. According to the short message from the post office, Macheng Municipal Government received my application on September 3th, but it was not until October 22nd, 2 that I was informed by phone that I received my email, and I told the other party to reply to my application in writing as soon as possible. But up to now, Macheng Municipal Government has not received any. In fact, I clearly stated in my written email that I wanted to get relevant information by written mail. Afterwards, I called the Macheng Municipal Government, but it was still fruitless. I hope your government can give me an explanation!

according to articles 1, 12 and 13 of the regulations of the people's Republic of China on information disclosure, my application for information disclosure is completely legal; According to Article 6, Paragraph 11 of the Administrative Reconsideration Law of the People's Republic of China, this administrative act of inaction in Macheng has infringed upon my legitimate rights and interests, and it is completely legal for me to apply for administrative reconsideration from your government. I hope your government can give me a reply as soon as possible!

in order to protect the legitimate rights and interests of the applicant and encourage more citizens to supervise the government, please find out the relevant facts and support the applicant's request according to law!

This is addressed to

Huanggang Municipal People's Government

Applicant:

Written application for reconsideration 5

Request for reconsideration:

The specific administrative act of "Approval Opinions on the Application Report of the Reconstruction Project of Qijiang Section of Provincial Highway s268 Line _ _ _ _ _" (No.788 of Guangdong Development Reform) made by the respondent is revoked.

Facts and reasons:

On October 19, 2, the applicant learned that the respondent made the specific administrative act of "Approval Opinions on the Application Report of the Reconstruction Project of Qijiang Section of Provincial Highway s268" (Guangdong Development Reform No.788) on September 29, 2, and approved the reconstruction of Qijiang Section of Provincial Highway s268. Because the land used for this construction project includes the factory building where the applicant enjoys the legal right to use, there is a legal interest with the applicant. The applicant believes that the specific administrative act is illegal and wrong, and should be revoked according to law. The specific reasons are as follows:

1. The specific administrative act involved violates the relevant laws and regulations on project establishment.

1. Without the approval of land use pre-examination, the procedure is seriously illegal.

Article 9 of the State Council's Decision on Strict Reform and Deepening Land Management stipulates, "? Development and reform departments should inform the project unit to carry out preliminary work through appropriate means. After the project unit puts forward the application for land pre-examination, the land and resources department should review the land for construction projects according to law. When the project construction unit applies to the development and reform departments for approval or examination and approval of construction projects, it must attach the pre-trial opinions of the land and resources departments; No pre-trial opinions or pre-trial failed, shall not be approved or approved to build.