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How can the suspension of administrative reconsideration be resumed?

Song Dynasty* Gansu Qingyang Administrative reconsideration consultation 2018.04.29 09:38:48 1040 people read

My sister applied for the suspension of the administrative reconsideration of the driver's license some time ago, and now she wants to resume it. How to resume the suspension of the administrative reconsideration?

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Region: Sichuan Chengdu

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 its legitimate rights and interests, it can 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.

2018-04-29 09:47:48 Reply
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Region: Sichuan Chengdu

Suspension of Administrative Reconsideration Resumption According to the Regulations on the Implementation of the Administrative Reconsideration Law, if one 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.

Reply at 14:00:53 on November 12, 2020

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.


(1) The third party for administrative reconsideration must have an interest in the specific administrative act for which administrative reconsideration is applied. Such interests can be either direct or indirect. For example, a villager applied to the town government for building a house, falsely reported more household registration, and concealed less existing homestead. The town government staff did not carefully check and issued a building permit to the villager. The villager started building a house. After the county land bureau found out, the villager was given administrative punishment to return the illegal land occupation, and a fine was imposed. The villager refused to accept and filed for administrative reconsideration, Here, the town government participates in the reconsideration in the name of a third person, because the town government has a stake in this specific administrative act. The so-called "interest relationship" refers to the specific administrative act or the result of reconsideration that may affect its legal or factual rights and obligations. Whether or not the administrative counterpart other than the applicant has an interest in the subject matter of reconsideration is the only legal standard to judge whether or not it can become a third person. The closeness of this interest does not affect its ability to become a third person.
  
(2) The third person participated in the administrative reconsideration that had already begun. The third party must participate in the administrative reconsideration after the application for administrative reconsideration is accepted and before the administrative reconsideration decision is made. If the administrative reconsideration has not started or has ended, there will be no third party problem. Otherwise, it will not participate in the administrative reconsideration as a third person, but may apply for a new administrative reconsideration as an applicant.
  
(3) It must be approved by the administrative reconsideration organ. This is to protect the legitimate rights and interests of the third party on the one hand, and the legitimate rights and interests of the applicant for reconsideration on the other hand, to prevent unnecessary interference with administrative reconsideration activities. Allowing a third person to participate in administrative reconsideration has several purposes. Since the third person has an interest in the specific administrative act for reconsideration, the participation of the third person can help to examine the specific administrative act from multiple perspectives and is conducive to the accuracy of the reconsideration decision; Second, relevant issues can be solved in a reconsideration activity, which is conducive to saving manpower and material resources; Third, it is conducive to protecting the legitimate rights and interests of citizens, legal persons and other organizations, and safeguarding the fairness and rationality of administrative acts. After administrative review, the legitimate rights and interests of both the reconsideration applicant and the third party will be protected, and the illegal acts will be corrected, thus ensuring the effective implementation of administrative management.

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