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How to resume the suspension of administrative reconsideration

Gu* Liaoning Benxi Administrative reconsideration consultation 2022.06.20 00:57:32 481 people read

How to resume the suspension of administrative reconsideration

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Region: Sichuan Chengdu

1. After the reason for the suspension is eliminated, it will be restored.
2. Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China
Article 41
If any of the following circumstances occurs during the period of administrative reconsideration, which affects the hearing of administrative reconsideration cases, the administrative reconsideration shall be suspended:
(1) The natural person who is the applicant dies, and his close relatives have not yet determined whether to participate in the administrative reconsideration;
(2) The natural person as the applicant has lost the ability to participate in the administrative reconsideration and has not yet determined his legal representative to participate in the administrative reconsideration;
(3) The legal person or other organization as the applicant terminates, and the successor of rights and obligations has not been determined;
(4) The whereabouts of the natural person who is the applicant is unknown or has been declared missing;
(5) The applicant or the respondent is unable to participate in the administrative reconsideration due to force majeure;
(6) The case involves the application of law, which needs to be explained or confirmed by the competent authority;
(7) The trial of a case needs to be based on the trial results of other cases, but other cases have not yet been concluded;
(8) Other circumstances requiring suspension of administrative reconsideration.
After the reasons for the suspension of the administrative reconsideration are eliminated, the trial of the administrative reconsideration case shall be resumed in a timely manner.
The administrative reconsideration organ shall inform the parties concerned of the suspension or resumption of the hearing of the administrative reconsideration case.

2022-06-20 00:59:32 Reply

Hello, apply for administrative reconsideration. If a citizen, legal person or other organization in the first paragraph of Article 9 of Chapter III of the Administrative Reconsideration Law believes that a specific administrative act infringes on its legitimate rights and interests, it may apply for administrative reconsideration within 60 days from the date it knows the specific administrative act; However, the application period prescribed by law exceeds 60 days. Paragraph 2 If the statutory application deadline is delayed due to force majeure or other justified reasons, the application deadline shall continue to count from the date when the obstacle is removed. When applying for administrative litigation, if a citizen, legal person or other organization in the first paragraph of Article 38 of the Administrative Procedure Law applies to the administrative organ for reconsideration, the reconsideration organ shall make a decision within two months from the date of receiving the application. Unless otherwise provided by laws and regulations, if the applicant refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may bring a suit in a people's court within 15 days from the date when the reconsideration period expires. Unless otherwise provided by law. Article 39 If a citizen, legal person or other organization brings a lawsuit directly to a people's court, it shall know that it shall do so within three months from the date of the specific administrative act. Unless otherwise provided by law.

According to the provisions of Article 42 of the Regulations on the Implementation of the Administrative Reconsideration Law, the administrative reconsideration shall be terminated in case of any of the following circumstances:
  
(1) The applicant requests to withdraw the application for administrative reconsideration, and the administrative reconsideration organ approves the withdrawal;
  
(2) The natural person who is the applicant dies and has no close relatives or their close relatives give up the right of administrative reconsideration;
  
(3) The legal person or other organization as the applicant terminates, and the successor of its rights and obligations waives the right of administrative reconsideration;
  
(4) The applicant and the respondent have reached a settlement with the permission of the administrative reconsideration organ in accordance with the provisions of Article 40 of these Regulations;
  
(5) After the applicant refuses to accept the administrative detention or the administrative compulsory measures restricting personal freedom and applies for administrative reconsideration, the administrative detention or the administrative compulsory measures restricting personal freedom are changed into criminal detention because the applicant is suspected of committing a crime due to the same illegal act.
According to Article 41, Paragraph 1
(1) Item, No
(2) Item, No
(3) If the reasons for the suspension of administrative reconsideration have not been eliminated after 60 days, the administrative reconsideration shall be terminated.

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