In addition, Article 14 of the Administrative Reconsideration Law stipulates that if a party refuses to accept a specific administrative act of the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government, it shall apply for administrative reconsideration to the the State Council department or the people's government of a province, autonomous region or municipality directly under the Central Government that made the specific administrative act. If he refuses to accept the administrative reconsideration decision, he may bring a lawsuit to the people's court; You can also apply to the State Council for administrative reconsideration, and the administrative reconsideration decision made by the State Council is final.
(2) Paragraph 1 of Article 88 of the Law on the Administration of Tax Collection stipulates that taxpayers, withholding agents, tax payment guarantors and tax authorities must first pay or remit tax, late payment fees or provide corresponding guarantees according to the tax authorities' tax decision, and then they can apply for administrative reconsideration according to law; If he refuses to accept the decision of administrative reconsideration, he may bring a lawsuit to the people's court according to law.
(3) Article 64 of the Customs Law stipulates that taxpayers shall pay taxes when there is a tax dispute with the customs, and may apply for administrative reconsideration according to law; If you are still dissatisfied with the reconsideration decision, you may bring a lawsuit to the people's court according to law.
(4) Article 3 1 of the National Security Law stipulates: "If a party refuses to accept the detention decision, he may apply for reconsideration to the organ at the next higher level that made the punishment decision within 15 days from the date of receiving the punishment decision; If you are dissatisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. "
(5) Article 32 of the Trademark Law stipulates that the Trademark Office shall notify the applicant for trademark registration in writing of a trademark whose application is rejected or not announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing.
If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 30 days from the date of receiving the notice.
Article 43 of the Trademark Law stipulates that if a party refuses to accept the ruling of the Trademark Review and Adjudication Board, he may bring a lawsuit to the people's court within 30 days from the date of receiving the notice. The people's court shall notify the other party to the trademark adjudication procedure to participate in the proceedings as a third party.
(6) Article 4 1 of the Patent Law stipulates that the patent administrative department of the State Council shall set up a patent re-examination board. If the applicant for a patent refuses to accept the decision of the patent administrative department of the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination with the Patent Reexamination Board. After reexamination, the Patent Reexamination Board shall make a decision and notify the patent applicant.
If the patent applicant refuses to accept the reexamination decision of the Patent Reexamination Board, he may bring a lawsuit to the people's court within 3 months from the date of receiving the notice.
(7) Paragraph 1 of Article 46 of the Patent Law stipulates that the Patent Reexamination Board shall promptly examine the request for invalidation of the patent right and make a decision, and notify the requester and the patentee. The decision to declare the patent right invalid shall be registered and announced by the patent administration department of the State Council.
Anyone who refuses to accept the decision of the Patent Reexamination Board to declare the patent right invalid or maintain the patent right may bring a lawsuit to the people's court within 3 months from the date of receiving the notice.
Second, what are the advantages of administrative reconsideration? (A) the way of reconsideration has the characteristics of fast. Let's use an administrative case of land confirmation to illustrate. Land administration fully embodies the operation of administrative functions and powers, and it is a specific administrative act that contains the compulsory will of the state. The people's government or its competent department shall, under the authorization of the Land Administration Law of the People's Republic of China, make a decision on the ownership or use right of land. In the trial practice, the people's court finds that the main facts of a specific administrative act are unclear, the evidence is insufficient, and the application of the law is wrong. In case of violation of legal procedures, ultra vires or abuse of power, or the specific administrative act is obviously improper, that is, there is indeed an error in the handling of land ownership disputes, according to the provisions of the second paragraph of Article 54 of the Administrative Procedure Law of the People's Republic of China, the handling decision can only be revoked or partially revoked, but the handling decision of land ownership cannot or should not be changed, and the litigation path has the defect of too long litigation period; On the contrary, Article 28, paragraph 1 (3) of the Administrative Reconsideration Law of People's Republic of China (PRC) stipulates that the reconsideration organ may decide to change the specific administrative act in the above circumstances;
(2) It is beneficial to the supervision between administrative organs at higher and lower levels. Therefore, in the event of a dispute between the lower administrative organ and the management counterpart, the higher administrative organ will handle it first, which will not only help us to know the work situation in our system or region in time, but also find and correct mistakes in time and strengthen the internal supervision mechanism of the administrative organ;
(three) the law stipulates that administrative reconsideration cases are highly professional and involve a wide range, and it requires specialized knowledge to handle and solve such cases. It is convenient to find out the facts and distinguish right from wrong, so that these administrative disputes can be resolved in time;
(D) The number of pre-administrative cases requiring administrative reconsideration by law is numerous and their complexity varies. The establishment of the principle of administrative reconsideration can make a large number of such administrative cases be solved in the administrative reconsideration procedure, reduce the pressure of court administrative trial, and enable the court to concentrate on trying administrative dispute cases that cannot be solved after reconsideration.
3. Will the court directly sue for administrative reconsideration? Interpretation of Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China Article 33 If a citizen, legal person or other organization brings a lawsuit directly without applying for reconsideration in accordance with the provisions of laws and regulations, the people's court will not accept it.
If the reconsideration organ refuses to accept the application for reconsideration or fails to make a reconsideration decision within the statutory time limit, and a citizen, legal person or other organization refuses to accept it and brings a lawsuit to the people's court according to law, the people's court shall accept it according to law.
It can be seen that the court directly suing for administrative reconsideration will generally not accept it.