According to Article 16 of the Administrative Reconsideration Law of People's Republic of China (PRC), if a citizen, legal person or other organization applies for administrative reconsideration, and the administrative reconsideration organ has accepted it according to law, or the laws and regulations stipulate that it should apply for administrative reconsideration to the administrative reconsideration organ first, and then bring an administrative lawsuit to the people's court. If it refuses to accept the administrative reconsideration decision, it may not bring an administrative lawsuit to the people's court within the statutory administrative reconsideration period.
Citizens, legal persons or other organizations bring an administrative lawsuit to the people's court, and the people's court has accepted it according to law, and may not apply for administrative reconsideration.
Article 19 Where laws and regulations stipulate that an application for administrative reconsideration should be made to the administrative reconsideration organ before an administrative lawsuit is brought to the people's court, and the administrative reconsideration organ refuses to accept it or fails to reply within the time limit for administrative reconsideration after accepting it, a citizen, legal person or other organization may bring an administrative lawsuit to the people's court according to law within 15 days from the date of receiving the decision of rejection or the expiration of the administrative reconsideration.
Extended data:
Article 12 of the Administrative Procedure Law of the People's Republic of China, the people's court accepts the following lawsuits filed by citizens, legal persons or other organizations:
(1) Refusing to accept administrative punishments such as administrative detention, temporary suspension or revocation of permits and licenses, order to stop production and business, confiscation of illegal income, confiscation of illegal property, fines and warnings;
(2) Administrative compulsory measures and administrative enforcement such as restricting personal freedom or sealing up, distraining and freezing property;
(three) the administrative organ refuses or fails to reply to the application for administrative license within the statutory time limit, or refuses to accept other administrative licensing decisions made by the administrative organ;
(4) Refusing to accept the decision of the administrative organ to confirm the ownership or use right of natural resources such as land, mineral deposits, water, forests, mountains, grasslands, wasteland, beaches and sea areas;
(five) refuses to accept the decision of expropriation and requisition and compensation;
(six) the application for administrative organs to perform the statutory duties of protecting personal rights, property rights and other legitimate rights and interests, and the administrative organs refuse to perform or refuse to reply;
(seven) that the administrative organ has violated its right to independent management or the right to contracted management of rural land;
(eight) the administrative organ abuses administrative power to exclude or restrict competition;
(nine) that the administrative organs illegally raise funds, apportion expenses or illegally require the performance of other obligations;
(ten) that the administrative organ fails to pay pension, minimum living allowance or social insurance benefits according to law;
(eleven) that the administrative organ fails to perform in accordance with the law, fails to perform in accordance with the agreement or illegally changes or terminates the government franchise agreement, land and housing expropriation compensation agreement and other agreements;
(twelve) that administrative organs infringe upon the personal rights, property rights and other legitimate rights and interests of others.
In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases that can be brought to court according to laws and regulations.
Baidu Encyclopedia-People's Republic of China (PRC) Administrative Reconsideration Law