Legal basis: Article 54 of the Administrative Punishment Law of the People's Republic of China. The administrative organ shall establish and improve the supervision system of administrative punishment. The people's governments at or above the county level shall strengthen the supervision and inspection of administrative punishment. Citizens, legal persons or other organizations have the right to appeal or report the administrative punishment imposed by administrative organs, which should be carefully examined. If there is an error in administrative punishment, it should be corrected on its own initiative.
Article 28 of People's Republic of China (PRC) Administrative Reconsideration Law * * * The legal affairs office of the administrative reconsideration organ shall examine the specific administrative act made by the respondent, put forward opinions, and make an administrative reconsideration decision according to the following provisions after the consent of the person in charge of the administrative reconsideration organ or collective discussion: (1) The facts of the specific administrative act are clear, the evidence is conclusive, the application basis is correct, the procedure is legal and the content is appropriate, and it is decided to maintain it; (2) If the respondent fails to perform its statutory duties, it is decided. (3) If a specific administrative act is under any of the following circumstances, it shall be ruled that it is illegal to cancel, change or confirm the specific administrative act; If it is confirmed that a specific administrative act is illegal, the respondent may be ordered to perform the specific administrative act again within a certain period of time: 1. The main facts are unclear and the evidence is insufficient. The application basis is wrong. 4 beyond or abuse of legal procedures.
(4) If the respondent fails to give a written reply and submit the evidence, basis and other relevant materials of a specific administrative act in accordance with the provisions of Article 23 of this Law, it shall be deemed that there is no evidence or basis for the specific administrative act, and a ruling shall be made to revoke the specific administrative act. If the administrative reconsideration organ orders the respondent to make a specific administrative act again, the respondent shall not make the same or basically the same specific administrative act with the same facts and reasons.