Administrative reconsideration is to go to the administrative se

1. If the acceptance organ is not clear, it may be transferred through the Legal Affairs Office of the people's government at the county level< If Article 15 of the administrative reconsideration law is not satisfied with the specific administrative acts of other administrative organs or organizations other than those specified in Articles 12, 13 and 14 of this law, an application for administrative reconsideration shall be made in accordance with the following provisions:
(1) if it is not satisfied with the specific administrative acts of the dispatched organs legally established by local people's governments at or above the county level, To apply for administrative reconsideration to the people's government that has established the agency
(2) if you are not satisfied with the specific administrative act in your own name made by an agency established by a government department according to law in accordance with laws, regulations or rules, you should apply for administrative reconsideration to the Department that established the agency or the local people's government at the same level of the Department< (3) if they are not satisfied with the specific administrative act of an organization authorized by laws and regulations, they shall apply for administrative reconsideration to the local people's government directly in charge of the organization, the working department of the local people's government or the Department of the State Council respectively< (4) if they are not satisfied with the specific administrative act made by two or more administrative organs in the common name, they shall apply to the administrative organ at the next higher level for administrative reconsideration< (5) if they are not satisfied with the specific administrative act made by the revoked administrative organ before the revocation, they shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers
under any of the circumstances listed in the preceding paragraph, the applicant may also file an application for administrative reconsideration with the local people's government at the county level in the place where the specific administrative act takes place, which shall handle the application in accordance with the provisions of Article 18 of this law
Article 17 after receiving an application for administrative reconsideration, the administrative reconsideration organ shall review 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; Where an application for administrative reconsideration is in conformity with the provisions of this law but not accepted by the organ concerned, the applicant shall be informed to submit it to the relevant organ for administrative reconsideration
in addition to the provisions of the preceding paragraph, the application for administrative reconsideration shall be accepted as of the date when it is received by the institution in charge of legal work of the administrative reconsideration organ< Article 18 the local people's government at the county level that accepts an application for administrative reconsideration in accordance with the provisions of the second paragraph of Article 15 of this Law shall, within seven days from the date of receiving the application for administrative reconsideration, transmit the application to the relevant administrative reconsideration organ and inform the applicant. The administrative reconsideration organ that accepts the transfer shall handle it in accordance with the provisions of Article 17 of this law.

2. According to the provisions of the administrative reconsideration law, if a citizen, legal person or other organization considers that a specific administrative act infringes upon his or her legitimate rights and interests, he or she may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, the application period prescribed by law exceeds 60 days. If the statutory application period is delayed e to force majeure or other legitimate reasons, the application period shall continue to be counted from the date when the obstacle is removed. The applicant may apply for administrative reconsideration either in writing or orally; In case of oral application, the administrative reconsideration organ shall record the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time of the application for administrative reconsideration on the spot. If the applicant is not satisfied with the specific administrative act of the working department of the local people's government at or above the county level, he may, at his choice, apply for administrative reconsideration to the people's government at the corresponding level of the department or to the competent department at the next higher level. Those who refuse to accept the specific administrative acts of the administrative organs under the vertical leadership of customs, finance, national taxation and foreign exchange administration and the state security organs shall apply to the competent department at the next higher level for administrative reconsideration. If they are not satisfied with the specific administrative acts of the local people's governments at all levels, they shall apply to the local people's government at the next higher level for administrative reconsideration. If the local people's government at the county level, which is subordinate to the dispatched organ established by the people's Government of the province or autonomous region according to law, refuses to accept the specific administrative act, it shall apply to the dispatched organ for administrative reconsideration. If a party refuses to accept a specific administrative act of a department under the State Council or the people's Government of a province, autonomous region or municipality directly under the central government, it shall apply for administrative reconsideration to the Department under the State Council or the people's Government of a province, autonomous region or municipality directly under the central government that has made the specific administrative act. If they are not satisfied with the decision of administrative reconsideration, they may file an administrative lawsuit in the people's court; It may also apply to the State Council for a ruling, which shall make a final ruling in accordance with the provisions of this law.

3.

If a person refuses to accept a specific administrative act done in his own name by an agency established by a government department according to law in accordance with the provisions of laws, regulations or rules, he shall apply for administrative reconsideration to the Department establishing the agency or the local people's government at the same level

government agency refers to the working organization set up by the administrative organ as the functional department of a certain level of people's government according to the actual needs for a specific administrative affairs

extended data:

government agencies refer to the representative agencies established and authorized by the government or government functional departments in a certain area or organization to implement certain administrative functions. There are three types of government agencies according to the different agencies: one is the foreign offices of governments at all levels, such as Beijing offices, foreign offices, etc

Second, the government agencies in special economic areas or special areas, such as various development zones (including high-tech instrial parks, economic development zones, export processing zones) and scenic spots management agencies

The third is the agencies set up by the functional departments of the government, such as the Public Security Bureau and the police station, the Land Bureau and the Land Bureau, the instrial and commercial bureau and the instrial and commercial bureau, the local tax bureau and the local tax office, the judicial office, etc. Government agencies are mainly established according to administrative rules or local regulations other than the organic law. They are not independent administrative subjects. Unless they are explicitly authorized by laws and regulations, they can not exercise administrative power in their own name

4. According to Article 12 of the administrative reconsideration law, if the applicant refuses to accept the specific administrative act of the working department of the local people's government at or above the county level, he or she may apply for administrative reconsideration to the people's government at the corresponding level of the department or to the competent department at the next higher level
those who are not satisfied with the specific administrative acts of the customs, finance, national taxation, foreign exchange management and other administrative organs under vertical leadership and the state security organs shall apply for administrative reconsideration to the competent department at the next higher level< Article 13 those who are not satisfied with the specific administrative acts of local people's governments at all levels shall apply to the local people's government at the next higher level for administrative reconsideration
those who are not satisfied with the specific administrative act of the local people's government at the county level of the dispatched organ established by the people's Government of the province or autonomous region according to law shall apply to the dispatched organ for administrative reconsideration
Article 14 those who are not satisfied with the specific administrative act of a department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government shall apply for administrative reconsideration to the Department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government that has made the specific administrative act. If they are not satisfied with the decision of administrative reconsideration, they may file an administrative lawsuit in the people's court; It may also apply to the State Council for a ruling, which shall make a final ruling in accordance with the provisions of this law< Article 15 those who are not satisfied with the specific administrative acts of administrative organs or organizations other than those provided for in Articles 12, 13 and 14 of this Law shall apply for administrative reconsideration in accordance with the following provisions:
(1) those who are not satisfied with the specific administrative acts of dispatched offices established by local people's governments at or above the county level according to law shall apply for administrative reconsideration to the people's governments that have established such dispatched offices
(2) if you are not satisfied with the specific administrative act in your own name made by an agency established by a government department according to law in accordance with laws, regulations or rules, you should apply for administrative reconsideration to the Department that established the agency or the local people's government at the same level of the Department< (3) if they are not satisfied with the specific administrative act of an organization authorized by laws and regulations, they shall apply for administrative reconsideration to the local people's government directly in charge of the organization, the working department of the local people's government or the Department of the State Council respectively< (4) if they are not satisfied with the specific administrative act made by two or more administrative organs in the common name, they shall apply to the administrative organ at the next higher level for administrative reconsideration< (5) if they are not satisfied with the specific administrative act made by the revoked administrative organ before the revocation, they shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers
under any of the circumstances listed in the preceding paragraph, the applicant may also file an application for administrative reconsideration with the local people's government at the county level in the place where the specific administrative act takes place, which shall handle the application in accordance with the provisions of Article 18 of this law.

5. The social security bureau should be the organ that made the original specific administrative act, and the reconsideration organ should be the superior organ of the Social Security Bureau. That is to say, the people's Government of the Social Security Bureau or the social security organ at the next higher level of the Social Security Bureau
if you want to apply for administrative reconsideration, you must submit an application for reconsideration to one of the above two departments within 60 days from the date of making the specific administrative act or when you know the specific administrative act. The application must be in writing.

6.

Instrial and commercial administration, ecation, health and other departments can serve as administrative reconsideration organs

First, the administrative reconsideration organ is the administrative organ

Secondly, the administrative reconsideration organ is the administrative organ that has the right to exercise the power of administrative reconsideration

Thirdly, the administrative reconsideration organ is an administrative organ which can exercise the power of administrative reconsideration in its own name and bear the legal responsibility for the consequences of the act independently. For example, people's governments at all levels and their constituent departments include public security, justice and customs

According to Article 7 of the administrative reconsideration law of the people's Republic of China, citizens, legal persons or other organizations may apply to the administrative reconsideration organ for examination of the following provisions when applying for administrative reconsideration of the specific administrative act, if they think that the following provisions on which the specific administrative act of the administrative organ is based are illegal:

(1) provisions of the Department of the State Council

(2) regulations of local people's governments at or above the county level and their working departments

(3) regulations of township and Town People's governments

the provisions listed in the preceding paragraph do not include the rules and regulations of the ministries and commissions of the State Council and the local people's governments. The examination of rules and regulations shall be concted in accordance with laws and administrative regulations

extended information

which administrative organs can be used as administrative reconsideration organs, that is, which administrative organ has jurisdiction over specific administrative reconsideration cases, according to the provisions of the Administrative Reconsideration Law:

one is to apply for administrative reconsideration to the local people's government at the next higher level of the administrative organ that has made the specific administrative act

Second, if the working department of the local people's government at or above the county level that has made a specific administrative act, the party concerned can make a choice and apply for administrative reconsideration to the people's government at the same level of the department or to the competent department at the next higher level. For example, to apply for administrative reconsideration of the decision of the County Public Security Bureau, the party concerned can go to the county government or the public security department at a higher level

The third is to apply for administrative reconsideration to the Department of the State Council or the people's Government of the province, autonomous region or municipality directly under the central government that has made the specific administrative act if they are not satisfied with the specific administrative act of the Department of the State Council or the people's Government of the Province, autonomous region or municipality directly under the central government

if the party refuses to accept the decision of administrative reconsideration, it can make a choice and bring an administrative lawsuit to the people's court according to law; It may also apply to the State Council for a ruling, which shall make a final ruling according to law

Fourthly, those who are not satisfied with the specific administrative acts of the administrative organs and state security organs under the vertical leadership of customs, finance, national taxation and foreign exchange management should apply for administrative reconsideration to the competent department at the next higher level

In addition, the administrative reconsideration law also makes special provisions on several situations: those who are not satisfied with the specific administrative act of an organization authorized by laws and regulations shall apply for administrative reconsideration to the local people's government, the working department of the local people's government or the Department of the State Council that directly manages the organization

if they are not satisfied with the specific administrative act made by two or more administrative organs in the common name, they shall apply for administrative reconsideration to the administrative organ at the next higher level; If he is not satisfied with the specific administrative act made by the revoked administrative organ before the revocation, he shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers

7. First, determine the reconsideration organ for administrative reconsideration, and then submit materials and apply for administrative reconsideration at the window of the administrative organ specially responsible for administrative reconsideration (generally the legal office is responsible for it). If there is no special window, it can also be sent to the person in charge of the administrative organ. According to the administrative reconsideration law, the administrative reconsideration organs are: first, apply for administrative reconsideration to the local people's government at the next higher level of the administrative organ that has made the specific administrative act. Second, if the working department of a local people's government at or above the county level that has made a specific administrative act, the party concerned may make a choice and apply for administrative reconsideration to the people's government at the corresponding level of the department or to the competent department at the next higher level. For example, to apply for administrative reconsideration of the decision of the County Public Security Bureau, the party concerned can go to the county government or the public security department at a higher level. Third, if they are not satisfied with the specific administrative act of a department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government, they shall apply for administrative reconsideration to the Department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government that has made the specific administrative act; If the party refuses to accept the decision of administrative reconsideration, it may make a choice and bring an administrative lawsuit to the people's court according to law; It may also apply to the State Council for a ruling, which shall make a final ruling according to law. Fourth, those who are not satisfied with the specific administrative acts of the administrative organs and state security organs under the vertical leadership of customs, finance, national taxation and foreign exchange management shall apply for administrative reconsideration to the competent department at the next higher level. In addition, the law on administrative reconsideration also makes special provisions on several situations: those who are not satisfied with the specific administrative act of an organization authorized by laws and regulations shall apply for administrative reconsideration to the local people's government, the working department of the local people's government or the Department of the State Council that directly manages the organization; If one refuses to accept a specific administrative act made by two or more administrative organs in the common name, he shall apply to the administrative organ at the next higher level for administrative reconsideration; If he is not satisfied with the specific administrative act made by the revoked administrative organ before the revocation, he shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers

8.

According to the provisions of articles 12, 13 and 14 of the administrative reconsideration law,

1. If the applicant refuses to accept the specific administrative act of the working department of the local people's government at or above the county level, he or she can apply for administrative reconsideration to the people's government at the same level of the Department, It may also apply for administrative reconsideration to the competent department at the next higher level

2. Those who are not satisfied with the specific administrative acts of the administrative organs and state security organs under the vertical leadership of customs, finance, national taxation and foreign exchange management shall apply for administrative reconsideration to the competent department at the next higher level

Those who are not satisfied with the specific administrative acts of local people's governments at all levels shall apply to the local people's government at the next higher level for administrative reconsideration

If you are not satisfied with the specific administrative act of the local people's government at the county level of the dispatched organ established by the people's Government of the province or autonomous region according to law, you should apply to the dispatched organ for administrative reconsideration

If you are not satisfied with the specific administrative act of the Department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government, you should apply to the Department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government for administrative reconsideration. If they are not satisfied with the decision of administrative reconsideration, they may file an administrative lawsuit in the people's court; It may also apply to the State Council for a ruling, which shall make a final ruling in accordance with the provisions of this law

In addition, according to the regulations for the implementation of the administrative reconsideration law, if a party refuses to accept the specific administrative act of the administrative organ for Instry and commerce, he can apply for reconsideration to the people's government at the same level as well as to the superior administrative organ for Instry and commerce

Article 24 of the regulations on the implementation of the administrative reconsideration law stipulates that if an applicant is not satisfied with the specific administrative act made by a department with vertical leadership below the provincial level approved by the State Council, he may choose to apply for administrative reconsideration to the people's government at the same level or the competent department at the next higher level; If the province, autonomous region or municipality directly under the central government has other provisions, the provisions of the province, autonomous region or municipality directly under the central government shall apply

procere of administrative reconsideration

1. Application for administrative reconsideration

1. The applicant should apply for reconsideration within the statutory application period

2. The application for reconsideration should meet the statutory conditions

the applicant is a citizen, legal person or other organization who thinks that the specific administrative act directly infringes on his legal rights and interests

have clear respondent

have specific reconsideration request and factual basis

belong to the scope of application for reconsideration

belong to the jurisdiction of the accepting and reconsideration organ

other conditions stipulated by laws and regulations

3. The application for reconsideration should conform to the legal form

2. Acceptance of administrative reconsideration

acceptance of administrative reconsideration, It means that the administrative reconsideration organ decides whether to accept and deal with the case based on whether the reconsideration application put forward by the examiner is justified

the administrative reconsideration organ should decide not to accept the case and inform the reasons:

1. The specific administrative act does not involve the rights and interests of the reconsideration applicant

2. There is no clear respondent

3. It does not belong to the jurisdiction of the reconsideration organ that applies for reconsideration and does not lose the scope of acceptance

4. If the application for reconsideration exceeds the legal time limit and without justifiable reasons

5. Before the application for reconsideration is submitted, To bring a lawsuit to the court of appointment

Third, the trial of administrative reconsideration is the core of the procere of administrative reconsideration. Without the administrative reconsideration organ hearing the administrative dispute cases, the administrative dispute can not be solved, and the administrative reconsideration organ can not make a reconsideration decision

1. Time limit for hearing

the time limit for the administrative reconsideration organ to process the reconsideration application from the date of receiving the reconsideration application (review within 5 days)

the time limit for the administrative reconsideration organ to send a of the reconsideration application to the respondent from the date of accepting the case (within 7 days)

the time limit for the respondent to receive a of the application from the date of receiving the application, Submit the relevant materials or evidence of specific administrative act to the administrative reconsideration organ, and put forward the time limit for reply (10 days)

the time limit for the administrative reconsideration organ to handle the specific administrative act under review according to law and the time limit for the review of the decision made by the administrative organ as stipulated in Article 7 of the administrative reconsideration law Generally 30 days)

the time limit for the administrative reconsideration organ from accepting the application to making the reconsideration decision and the time limit that can be extended (the extended time limit shall not exceed 30 days at most)

2. The content of the trial

when the administrative reconsideration organ reviews the administrative dispute cases, it can not only review whether the specific administrative act is legal and appropriate; Moreover, it is necessary to comprehensively review the facts and normative documents on which the specific administrative act is based, which is not limited by the scope of reconsideration application. This is the distinctive feature of the administrative reconsideration system in dealing with administrative disputes, which is different from the judicial review system for administrative disputes

The administrative reconsideration law stipulates that the execution of specific administrative acts shall not be suspended ring the period of reconsideration. The withdrawal of the application for reconsideration and the non application of the principle of mediation in the trial of administrative reconsideration cases

extended materials

requirements for administrative reconsideration

1. The applicant has the subject qualification

according to the regulations, the applicant for administrative reconsideration is a citizen, legal person or other organization who considers that a specific administrative act (administrative penalty) infringes on his legal rights and interests Article 10 of the administrative reconsideration law stipulates that citizens, legal persons or other organizations applying for administrative reconsideration in accordance with this law are the applicants

If a citizen who has the right to apply for administrative reconsideration dies, his close relatives can apply for administrative reconsideration. If a citizen who has the right to apply for administrative reconsideration is a person without or with limited capacity for civil conct, his legal representative may apply for administrative reconsideration on his behalf. If the legal person or other organization that has the right to apply for administrative reconsideration is terminated, the legal person or other organization that inherits its rights may apply for administrative reconsideration

other citizens, legal persons or other organizations that have an interest in the specific administrative act applying for administrative reconsideration may participate in the administrative reconsideration as a third party

If a citizen, legal person or other organization refuses to accept the specific administrative act of an administrative organ and applies for administrative reconsideration, the administrative organ that has made the specific administrative act is the respondent

the applicant and the third party can entrust an agent to participate in the administrative reconsideration

2. With clear respondent

the respondent of administrative reconsideration refers to the administrative organ or organization that is notified by the administrative reconsideration organ to participate in the administrative reconsideration because the applicant alleges that its specific administrative act (administrative penalty) infringes on the legitimate rights and interests of the applicant. The respondent is an indispensable participant in any administrative reconsideration case

if there is no respondent or the respondent is not clear, the administrative reconsideration organ can not carry out administrative reconsideration. Therefore, when applying for administrative reconsideration, the applicant must specify the administrative organ that infringes upon his or her legitimate rights and interests

There must be a specific request for administrative reconsideration, such as requesting the administrative reconsideration organ to revoke or change the administrative penalty, requesting to rece the administrative penalty, and requesting the respondent to make administrative compensation, so as to make the administrative reconsideration organ clear the applicant's administrative reconsideration claim

the applicant also needs to have factual materials that can prove that administrative actions such as administrative penalty have been made and infringe upon his or her legitimate rights and interests, such as "decision on administrative penalty", receipt of fine, etc., to show that the application for administrative reconsideration has sufficient reasons and factual basis. Otherwise, the administrative reconsideration organ may not accept the case< strong>

9. Because the judicial administrative reconsideration is an administrative act according to the application, that is, the judicial administrative reconsideration organ makes an administrative act according to law on the basis of examining whether the applied administrative act is legal and appropriate according to the application of the judicial administrative counterpart. Therefore, without the application of the judicial administrative counterpart, the judicial administrative organ can not start the procere of acceptance and review, and the judicial administrative reconsideration, as a legal system of monitoring the judicial administrative power, can not play its function. Therefore, it is of great legal significance to protect the application right of the counterpart in judicial administration and to set up legal proceres that are convenient for the counterpart in judicial administration to exercise the application right
the application for judicial administrative reconsideration refers to the request for revocation or change of the specific administrative act made by the judicial administrative counterpart against the specific administrative act of the judicial administrative organ. The application for judicial administrative reconsideration shall meet the following conditions: (1) the applicant is a citizen, legal person or other organization that considers that the specific administrative act of the judicial administrative organ infringes upon its legitimate rights and interests. "Think" here means that the applicant subjectively thinks that his or her legitimate rights and interests have been infringed by the specific administrative act, and whether he or she has been infringed objectively needs to be determined through trial; ② There is a clear respondent. Without a clear respondent, the reconsideration organ can't hear the case and the applicant's request can't be realized; ③ There are specific requests for reconsideration and factual basis. The request for reconsideration is a specific request made by the applicant to the reconsideration organ; ④ It belongs to the scope of judicial administrative reconsideration, otherwise the reconsideration organ will not accept it; ⑤ Other conditions stipulated by laws and regulations. If the applicant applies to the administrative organ with jurisdiction for reconsideration, it shall do so within 60 days from the date of knowing the specific administrative act. In case of force majeure or other special circumstances, the time limit shall be extended within 10 days after the obstacle is removed; If an applicant brings a suit in a people's court, and the people's court has accepted it, he may not apply for judicial administrative reconsideration
applicants can apply for administrative reconsideration either in writing or orally. The written application shall include: (1) the name, gender, age, occupation and residence of the applicant, the name and residence of the legal person or other organization, and the name and position of the legal representative or principal person in charge of the application; ② The name and address of the respondent; ③ The reasons for applying for reconsideration; ④ The year, month and day of the application. In the case of oral application, the administrative reconsideration organ shall record the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time of the application for administrative reconsideration on the spot, and the record shall be signed by the applicant
attached: relevant provisions of the administrative reconsideration law of the people's Republic of China on the application for administrative reconsideration:
(adopted at the ninth meeting of the Standing Committee of the Ninth National People's Congress on April 29, 1999, promulgated by order No. 16 of the president of the people's Republic of China on April 29, 1999, and effective as of October 1, 1999.)< Article 9 If a citizen, legal person or other organization considers that a specific administrative act infringes upon his or her legitimate rights and interests, he or she may file an application for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, the application period prescribed by law exceeds 60 days
if the statutory application period is delayed e to force majeure or other justifiable reasons, the application period shall continue to be calculated from the date when the obstacle is removed< Article 10 citizens, legal persons or other organizations applying for administrative reconsideration in accordance with this law are the applicants
If a citizen who has the right to apply for administrative reconsideration dies, his close relatives may apply for administrative reconsideration. If a citizen who has the right to apply for administrative reconsideration is a person without or with limited capacity for civil conct, his legal representative may apply for administrative reconsideration on his behalf. If the legal person or other organization that has the right to apply for administrative reconsideration is terminated, the legal person or other organization that inherits its rights may apply for administrative reconsideration
other citizens, legal persons or other organizations that have an interest in the specific administrative act applying for administrative reconsideration may participate in the administrative reconsideration as a third party
If a citizen, legal person or other organization refuses to accept the specific administrative act of an administrative organ and applies for administrative reconsideration, the administrative organ that has made the specific administrative act is the respondent
the applicant and the third party can entrust an agent to participate in the administrative reconsideration on their behalf
Article 11 An applicant may apply for administrative reconsideration either in writing or orally; In case of oral application, the administrative reconsideration organ shall record the basic information of the applicant, the request for administrative reconsideration, the main facts, reasons and time of the application for administrative reconsideration on the spot
Article 12 If an applicant is not satisfied with the specific administrative act of the working department of a local people's government at or above the county level, he or she may apply for administrative reconsideration to the people's government at the same level of the department or to the competent department at the next higher level
those who are not satisfied with the specific administrative acts of the customs, finance, national taxation, foreign exchange management and other administrative organs under vertical leadership and the state security organs shall apply for administrative reconsideration to the competent department at the next higher level< Article 13 those who are not satisfied with the specific administrative acts of local people's governments at all levels shall apply to the local people's government at the next higher level for administrative reconsideration
those who are not satisfied with the specific administrative act of the local people's government at the county level of the dispatched organ established by the people's Government of the province or autonomous region according to law shall apply to the dispatched organ for administrative reconsideration
Article 14 those who are not satisfied with the specific administrative act of a department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government shall apply for administrative reconsideration to the Department of the State Council or the people's Government of a province, autonomous region or municipality directly under the central government that has made the specific administrative act. If they are not satisfied with the decision of administrative reconsideration, they may file an administrative lawsuit in the people's court; It may also apply to the State Council for a ruling, which shall make a final ruling in accordance with the provisions of this law< Article 15 those who are not satisfied with the specific administrative acts of administrative organs or organizations other than those stipulated in Articles 12, 13 and 14 of this Law shall apply for administrative reconsideration in accordance with the following provisions:
(1) those who are not satisfied with the specific administrative acts of dispatched offices established by local people's governments at or above the county level according to law, To apply for administrative reconsideration to the people's government that has established the agency
(2) if you are not satisfied with the specific administrative act in your own name made by an agency established by a government department according to law in accordance with laws, regulations or rules, you should apply for administrative reconsideration to the Department that established the agency or the local people's government at the same level of the Department< (3) if they are not satisfied with the specific administrative act of an organization authorized by laws and regulations, they shall apply for administrative reconsideration to the local people's government directly in charge of the organization, the working department of the local people's government or the Department of the State Council respectively< (4) if they are not satisfied with the specific administrative act made by two or more administrative organs in the common name, they shall apply to the administrative organ at the next higher level for administrative reconsideration< (5) if they are not satisfied with the specific administrative act made by the revoked administrative organ before the revocation, they shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers
under any of the circumstances listed in the preceding paragraph, the applicant may also file an application for administrative reconsideration with the local people's government at the county level in the place where the specific administrative act takes place, which shall handle the application in accordance with the provisions of Article 18 of this law
Article 16 If a citizen, legal person or other organization applies for administrative reconsideration, and the administrative reconsideration organ has accepted the application according to law, or if the law or regulations stipulate that it should first apply to the administrative reconsideration organ for administrative reconsideration, and then file an administrative lawsuit with the people's court if it refuses to accept the decision of administrative reconsideration, it shall not file an administrative lawsuit with the people's court within the statutory time limit for administrative reconsideration
If a citizen, legal person or other organization brings an administrative lawsuit to the people's court and the people's court has accepted it according to law, it shall not apply for administrative reconsideration.