Pre-litigation administrative reconsideration cases are cases where citizens, legal persons or other organizations apply for administrative reconsideration, and the administrative reconsideration organ has accepted them according to law, or laws and regulations stipulate that they should apply for administrative reconsideration to the administrative reconsideration organ first, and then bring an administrative lawsuit to the people's court if they are dissatisfied with the administrative reconsideration decision. No administrative lawsuit may be brought to the people's court within the statutory administrative reconsideration period.

According to the Administrative Reconsideration Law of People's Republic of China (PRC), the specific provisions are as follows:

Article 16 If a citizen, a legal person or any other organization applies for administrative reconsideration, and the administrative reconsideration organ has accepted it according to law, or if laws and regulations stipulate that it should first apply for administrative reconsideration to the administrative reconsideration organ, and then bring an administrative lawsuit to the people's court, if it refuses to accept the administrative reconsideration decision, it shall 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.

Extended data

Administrative reconsideration refers to a legal system in which citizens, legal persons or other organizations think that a specific administrative act of an administrative subject is illegal or improperly infringes on their legitimate rights and interests, and apply to the competent administrative organ for review of the specific administrative act according to law, and the administrative reconsideration organ reviews the legality and appropriateness of the applied specific administrative act according to legal procedures, and makes an administrative reconsideration decision.

Its characteristics mainly include:

1. Administrative reconsideration deals with administrative disputes and some civil disputes;

2, administrative reconsideration directly to the specific administrative act as the object of review;

3. Legitimacy and rationality are the review criteria of administrative reconsideration;

4. The main way of administrative reconsideration is written trial;

5. Administrative reconsideration takes the administrative counterpart as the applicant and the administrative subject as the respondent;

6. Administrative reconsideration shall be handled by the administrative organ.

China Municipal Government Legal Information Network-People's Republic of China (PRC) Administrative Reconsideration Law