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Where does the administrative reconsideration of the provident f

Publish: 2021-05-24 03:44:38
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.

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

3. 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.
4.

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

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