Legal analysis:
Conclusion: The conditions for applying for administrative reconsideration include the following.
The conditions for applying for administrative reconsideration include: having an applicant who has a clear interest in the specific administrative act and a qualified respondent; There are specific administrative reconsideration requests and reasons and they are submitted within the statutory application period; belong to administrative review law The prescribed scope of administrative reconsideration; Falls within the scope of duties of the administrative reconsideration organ that has received the application for administrative reconsideration; Other administrative reconsideration organs or people's courts have not yet accepted the administration brought on the same fact litigation Or reconsideration.
Legal basis:
Article 28 of the Regulations for the Implementation of the Administrative Reconsideration Law of the People's Republic of China
An application for administrative reconsideration shall be accepted if it meets the following requirements:
（1） There are clear applicants and qualified respondents;
（2） The applicant has an interest in the specific administrative act;
（3） There are specific requests and reasons for administrative reconsideration;
（4） Put forward within the statutory application period;
（5） Belonging to administrative reconsideration statute The prescribed scope of administrative reconsideration;
（6） Falls within the scope of duties of the administrative reconsideration organ that has received the application for administrative reconsideration;
（7） Other administrative reconsideration organs have not accepted the same application for administrative reconsideration, and the people's court has not accepted the administrative litigation brought by the same subject on the same fact.
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Relevant supplement 1:
What are the conditions for applying for administrative reconsideration
Conclusion: The conditions for the parties to submit an application for administrative reconsideration can be divided into the following.
The conditions for the parties to submit an application for administrative reconsideration can be divided into: there are clear applicants and qualified respondent; The applicant has an interest in the specific administrative act; There are specific requests and reasons for administrative reconsideration; Put forward within the statutory application period; Falls within the scope of administrative reconsideration as prescribed by the Administrative Reconsideration Law; It falls within the scope of duties of the administrative reconsideration organ that receives the application for administrative reconsideration.
Relevant supplement 2:
What are the substantive conditions for an application for administrative reconsideration
Conclusion: The substantive conditions of the application for administrative reconsideration include the following according to the relevant provisions of the Administrative Reconsideration Law.
According to the relevant provisions of the Administrative Reconsideration Law, the substantive conditions of an application for administrative reconsideration include: there are clear applicants and qualified respondents; The applicant has an interest in the specific administrative act; There are specific requests and reasons for administrative reconsideration; Put forward within the statutory application period; Falls within the scope of administrative reconsideration as prescribed by the Administrative Reconsideration Law; It falls within the scope of responsibilities of the administrative reconsideration organ that receives the application for administrative reconsideration.
2023-12-31 15:27:00 Reply
