What to do if an applicant for administrative review is dissatisfied with the review decision

If the party is dissatisfied with the administrative penalty, the party concerned can conduct administrative reconsideration based on relevant reasons. After the administrative review, if the party is still dissatisfied with the reconsideration decision, what should the party do? Below, the editor of Legal Savior Network will explain to you what to do if you encounter this situation. Let’s solve it, I hope it helps everyone.

What to do if the applicant for administrative review is dissatisfied with the review decision

If the party concerned is dissatisfied with the administrative review decision, it cannot be reconsidered. If you are dissatisfied with the administrative reconsideration, you can only take administrative litigation.

The first-level reconsideration system means that citizens, legal persons or other organizations that are dissatisfied with specific administrative actions taken by administrative agencies can appeal to the administrative agency's superior administrative agency or A system in which other organs stipulated in laws and regulations apply for reconsideration and are dissatisfied with the reconsideration decision, can only file an administrative lawsuit with the People's Court in accordance with the law, and are not allowed to apply for reconsideration to the administrative agency at the higher level of the reconsideration organ. That is to say, citizens, legal persons or other organizations that disobey the specific administrative actions of the administrative subject can apply for reconsideration once to the statutory review authority. The review decision made by the review authority is the final administrative decision. If the administrative counterpart is dissatisfied, he or she cannot appeal to the higher-level national administrative agency. System for applying for reconsideration. The first-level review system is the basic system established by China's Administrative Reconsideration Law. It is mainly considered that China's administrative review decisions are not the last resort in most cases. If the parties are dissatisfied with the review decision, they can still file an administrative lawsuit and still get the People's Court. Two-level trial relief, so that there is no need to implement a bipolar or multi-level review system within the administrative system, lest administrative disputes remain unresolved within the administrative system and adversely affect the protection of the legitimate rights and interests of citizens, legal persons or other organizations, and Influence the improvement of administrative efficiency.

According to Article 16 of the "Administrative Reconsideration Law": Citizens, legal persons or other organizations apply for administrative reconsideration, and the administrative reconsideration agency has accepted it in accordance with the law, or laws and regulations It is stipulated that if one should first apply for administrative review to the administrative review authority and then file an administrative lawsuit with the People's Court if he is dissatisfied with the administrative review decision, he shall not file an administrative lawsuit with the People's Court within the statutory administrative review period. If a citizen, legal person or other organization files an administrative lawsuit with the People's Court and the People's Court has accepted it in accordance with the law, it shall not apply for administrative review.

The above is the editor’s answer to the question “What should an applicant for administrative review do if he is dissatisfied with the review decision?” If your situation is more complicated, the Legal Savior Network also provides Professional lawyer online consultation service, welcome to legal consultation.