How to write a written application for reconsideration

The core of the administrative disputes to be dealt with by administrative reconsideration is whether the specific administrative actions taken by the subject exercising administrative power are legal and appropriate. This is also an important difference between the administrative reconsideration system and the administrative mediation system. Below is how to write a written reconsideration application (5 articles) that I compiled. I hope you like it.

Written Request for Reconsideration 1

Applicant:

Respondent:

Request for Administrative Reconsideration:

Ordered to transfer property rights

Facts and reasons:

Recently, I went to the Zhucheng housing management department to handle the transfer of property rights. The housing management department stated that the self-written will needs to be notarized. Acceptance by refusal.

1. A self-written will. After the testator dies, according to the provisions of the "Succession Law", the self-written will will take effect. Therefore, this self-written will is a valid document.

2. Article 32 of the "Real Estate Registration Management Measures" stipulates: If one of the following circumstances occurs, the party concerned shall apply for house ownership transfer registration after the relevant legal documents take effect or the fact occurs: (4) Inheritance , receive a legacy; this article stipulates that after the testamentary inheritance takes effect or after the fact of the testamentary inheritance occurs, the property rights transfer registration must be carried out at the housing management department, and there is no need to notarize the will by yourself.

3. The respondent’s “Response” mentioned that “its authenticity and legality still need to provide effective proof of its effectiveness”, which means that the respondent has no doubts about the authenticity and legality of the self-written will. If doubt arises about the legality, Article 11, Paragraph 3 of the "Real Estate Registration Management Measures" stipulates: "The applicant shall be responsible for the authenticity, legality and validity of the application materials for registration, and shall not conceal the true situation or provide false materials to apply for house registration." "That is to say, the applicant is responsible for the authenticity, legality and validity of the self-written will, and the housing management department and registration personnel are not responsible. Regarding situations where the authenticity, legality and validity of a self-written will cannot be guaranteed, Articles 81 and 90 of the "Real Estate Registration and Management Measures" also provide for it, as follows: "Judicial agencies, administrative agencies, arbitration agencies If the legally effective documents of the committee prove that the party obtained the house registration by illegal means such as concealing the true situation, submitting false materials, etc., the house registration agency may cancel the original house registration, take back the house ownership certificate, registration certificate, or announce them as invalid; the applicant submitted incorrect, If you apply for house registration with false materials and cause damage to others, you should bear corresponding legal liability." Article 7 of the "Succession Law" also provides corresponding provisions: "Heirs who forge, tamper with or destroy wills, and the circumstances are serious will lose their inheritance rights."

The registration department has questions about the authenticity and legality of self-written wills. If you have doubts, Article 18 of the "House Registration Management Measures" also stipulates this. The registration personnel will inquire the applicant about the authenticity and legality of the "self-written will". The result of the inquiry shall be confirmed by the applicant's signature and shall be filed and retained.

4. The "Reply" mentioned that the applicant should submit a "valid inheritance certificate". Isn't the "inheritance certificate" we submitted valid? How can your housing authority conclude that the "inheritance certificate" we submitted is not valid. Article 33 of the "House Registration Management Measures" stipulates: When applying for registration of house ownership transfer, a "succession certificate" should be submitted. This inheritance certificate is a self-written will. This self-written will is valid. If it is not valid, the applicant shall bear all the consequences. responsibility. The "House Registration Management Measures" clearly stipulate that your registration department and registration personnel are not responsible.

5. The "Reply" emphasizes that the "Joint Notice on Strengthening Notarization in Real Estate Registration Management" is still valid. The legal effect of this "Notice" cannot even be called a "department regulation". We do not Not denying invalidity.

(1) The "Notice" is inconsistent with the "House Registration Management Measures". The "House Registration Management Measures" came into effect on July 1, 20__. These measures do not require the notarization of the "inheritance certificate" (self-written will).

(2) In accordance with the requirements of the "Administrative Licensing Law", pre-licensing is set by laws and administrative regulations, and departmental regulations have no right to set it. What's more, departmental regulations are not even this "Notice" and have no right to set pre-licensing Setup permission.

(3) Article 9 of the "House Registration Management Measures" that came into effect on July 1, 20__ stipulates: The housing registration agency shall, in accordance with laws, regulations and these Measures,...

91 This "Notice" is neither a law nor a regulation. How to handle the transfer of property rights in accordance with this "Notice"?

Written application for reconsideration 2

Applicant:

Respondent:

Reason for application:

Application Because the person is dissatisfied with the penalty decision numbered ___ issued by the Fifth Branch of the Traffic Management Bureau of the Chengdu Municipal Public Security Bureau on December 22, 20__ on Hongxing Road, he hereby files an administrative review.

Facts and reasons:

1. Penalty No. ___ was decided with a penalty of 50 yuan and a deduction of 1 point. The basis for the penalty is "the driver failed to wear a seat belt as required." However, the police officer who implemented the penalty had no evidence to prove that the applicant was not wearing a seat belt at the time. And the applicant believes that the officer's basis for punishment is inconsistent with the facts.

2. Penalty Decision No. __ did not ask for the telephone number and other contact information of the parties, nor did they fill in these two columns. Therefore, the applicant believes that the administrative penalty procedures involved in the above administrative penalties are illegal.

3. In this incident, the applicant was stopped and punished by a police officer while driving normally on the road. The applicant believes that this method of punishment is inappropriate and violates the spirit of the law. In addition, when the police officer asked the applicant to sign the penalty decision, the applicant asked if he could not sign it, so the police officer put the matter on hold to deal with other matters and asked the applicant to wait. Is this appropriate?

Purpose and requirements of reconsideration: The applicant believes that the penalty decision

1. There is insufficient evidence.

2. The administrative penalty procedure is illegal.

It is requested to cancel the above penalty decision No. ___ issued by the Fifth Branch of the Traffic Management Bureau of the Chengdu Municipal Public Security Bureau. We sincerely hope that frontline police officers can effectively improve their law enforcement standards and would like to express our gratitude to the traffic police for their hard work!

Written Reconsideration Application 3

Applicant:

Respondent:

1. From a procedural perspective, the respondent cannot File a case to handle this case.

1. The respondent claimed that the case was accepted in accordance with Article 53 of the Trademark Law of the People's Republic of China (hereinafter referred to as the "Trademark Law"), but Article 53 of the "Trademark Law" The circumstances stipulated in Article 1 are only when there is a dispute caused by one of the acts that infringes on the exclusive right to use a registered trademark and the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may request the industrial and commercial administrative department to handle it. That is to say, the case cannot be accepted when the respondent cannot provide the request of the trademark registrant or interested party to process the application. Regarding this procedural requirement, Articles 22 and 23 of the "Administrative Penalty Procedure Provisions of Industrial and Commercial Administration Agencies (Trial)" have strict provisions. The so-called "Complaint" provided by the respondent in this case was not the request of the trademark registrant.

2. According to Article 9 of the "Opinions of the State Administration for Industry and Commerce on Several Issues Concerning the Investigation and Punishment of Trademark Violations by Industrial and Commercial Administrative Agencies", if a foreign enterprise or foreigner proposes to protect the exclusive right to use a trademark Requests must be made through a state-designated foreign trademark agency. The respondent in this case believes that the registered trademark owner is abroad, but has not yet provided a request to protect the exclusive right to use the trademark through a foreign-related trademark agency designated by the state. How can the respondent have jurisdiction?

3. According to Article 10 of the "Opinions of the State Administration for Industry and Commerce on Several Issues Concerning the Investigation and Punishment of Trademark Illegal Acts by Industrial and Commercial Administration Agencies", if a foreign-related trademark infringement case is involved, the respondent shall not only report the investigation and handling work to his superiors, but also It should be reported to the State Administration for Industry and Commerce in a timely manner. However, the applicant has not seen any similar reporting materials from the respondent so far, which proves from another aspect that the respondent has no jurisdiction over this case.

4. During the hearing, the respondent believed that the applicant's use of "Jin Honda Electric Vehicle" was due to the improper use of the company name infringing the exclusive right of the "Honda" trademark. However, according to the National Industrial and Commercial Law of the People's Republic of China, Article 9 of the Opinions of the Administrative Bureau on Solving Certain Issues in Trademarks and Business Names, “If a case of confusion between a trademark and a business name occurs within the same provincial administrative region, it shall be handled by the provincial industrial and commercial administration bureau; cross-provincial administrative "Regional jurisdiction shall be handled by the State Administration for Industry and Commerce", the "Honda" trademark registrant is in Japan, and the respondent has no jurisdiction.

5. After the hearing, the respondent revoked the "Gao Gongshang Tinggongzi (20__) No. 12" on the grounds of a clerical error and made a new "Gao Gongsong Tinggongzi (20__)" No. 21" Hearing Notice. The applicant believes that the respondent's behavior is obviously an abuse of administrative power, and this behavior cannot make the final administrative penalty decision legal and valid.

2. From a substantive point of view, the respondent has no factual or legal basis for believing that the applicant has infringed upon the exclusive rights of others to register trademarks.

1. The applicant believes that there is nothing inappropriate or violation of the Trademark Law in his use of the "Jin Honda Yi" trademark. Marking and informing consumers that the electric vehicle it produces is a "Jin Honda Electric Vehicle" does not infringe on the exclusive rights of others to register trademarks.

2. The applicant’s use of the “Jin Honda Yi” trademark does not constitute infringement of the “Honda” trademark. The reason is: the "Honda" trademark and the "Golden Honda One" trademark are not objectively similar. The two word trademarks are not only completely different in terms of design concepts and graphic meanings, but also completely different in visual effects. "Jin Honda Yi" consists of four Chinese characters, and the font, size, and color are consistent. Combined with the perception patterns and attention levels of the public related to automobiles, motorcycle products, and electric bicycle products in the market, compare "Honda" and "Honda" "Jin Honda Yi" and the degree of difference between different products, etc., it can be comprehensively judged that the two trademarks are not similar, and the relevant public will not be confused about the trademarks or products or misunderstand their sources.

3. The "Jin Honda Yi" trademark has been applied for registration by Changzhou Hi-Tech Golden Lion Bicycle Industry and Trade Co., Ltd. to the Trademark Office of the State Administration for Industry and Commerce on July 27, 20__, and the company agrees to the applicant's use. this trademark. The applicant does not infringe on the exclusive rights of others to register trademarks.

4. The "Jin Honda Yi" electric bicycle produced by the applicant is a product that complies with the "Notice on the Trial Implementation of the Registration System for Electric Bicycle Manufacturers and Products" (see Jiangsu Provincial Economic and Trade Commission [20__] 61 No. and Document No. [20__] 189), you can apply for a license plate at the vehicle management department in any area in the province. The applicant has a certain reputation for the "Golden Honda One" produced in similar industries in Jiangsu Province and even across the country.

5. The respondent, as the administrative agency handling this case, was unable to provide sufficient evidence to prove that the "Jin Honda Yi" trademark infringed upon the "Honda" trademark. During the hearing, the respondent's case investigator believed that because the word "金 Honda 一" printed on the trademarks of two electric vehicles was mistakenly printed as 1, it was determined that the applicant had prominently used the three characters "金 Honda" as a "1". If the applicant wants to highlight the use of "Golden Honda", why are only two of the 28 electric vehicles sold in Gaochun County using the "Golden Honda 1" trademark, while the other 26 vehicles all use the "Golden Honda" trademark? "One" trademark?

In summary, the applicant believes that the respondent's imposition of "unfounded" "crime" on the applicant is an act that seriously infringes on the applicant's legitimate rights and interests, and also seriously damages the normal economy. Order is contrary to the purpose of building a harmonious society. Therefore, the applicant specifically files an administrative reconsideration with your government and hopes that the applicant’s request for reconsideration can be supported in accordance with the law.

Written Reconsideration Application 4

Applicant: Qiao__ Gender: Male ID Number:

Date of Birth: June 22, 1991

Correspondence address: Northeast Normal University, Changchun City, Jilin Province___

Contact information: 187440_____

Respondent: Macheng City People's Government Address: Macheng City, Huanggang City No. 1, Jinqiao Avenue

Legal representative: Cai Xu'an Position: Mayor

Administrative review request:

The Macheng City People's Government did not act and treated my information The public application fell on deaf ears; I requested the Huanggang Municipal People’s Government to order the Macheng City People’s Government to provide a clear written response to my application and apologize to me.

Facts and reasons:

On September 26, 20__, I mailed an application for information disclosure to the Macheng City People’s Government. According to the post office text message, it was known that the Macheng City Government issued an application on September 30 I received my application on October 22, 20__, but it was not until October 22, 20__ that I was notified by phone that my email was received. At the same time, I informed the other party to reply to my application in writing as soon as possible, but so far there has been no reply from the Macheng City Government. . In fact, I clearly stated in the written email that I wanted to obtain relevant information through written mail. I also called the Macheng City Government afterwards, but to no avail. I hope your government can give me an explanation!

According to Articles 10, 12 and 13 of the "Regulations of the People's Republic of China on Disclosure of Government Information", my application for information disclosure is completely legal; according to the "Regulations of the People's Republic of China on Disclosure of Government Information" Paragraph 11 of Article 6 of the Administrative Reconsideration Law of the People's Republic of China. Such administrative actions of inaction in Macheng City have violated my legitimate rights and interests. It is completely legal for me to apply for administrative reconsideration from your government. I hope your government can grant it as soon as possible. I reply!

In order to protect the legitimate rights and interests of the applicant and encourage more citizens to supervise the government, please find out the relevant facts and support the applicant’s request in accordance with the law!

Sincerely,

Huanggang Municipal People’s Government

Applicant:

Written Reconsideration Application 5

Request for Reconsideration:

The specific administrative act of revoking the "Approval Opinions on the Application Report for the Reconstruction Project of Provincial Highway S268 Line __ City Qijiang Section" (Guangdong Development Reform No. __788) made by the respondent.

Facts and reasons:

On October 19, 20__, the applicant learned that the respondent made the "About Provincial Highway S268 Line_" on September 29, __ _ The specific administrative actions of the "Approval Opinions on the Application Report for the Reconstruction Project of the Qijiang Section of the City" (Guangdong Development and Reform No. 788) approved the reconstruction project of the Provincial Highway S268 Line of the Qijiang Section of the City of __. Since the land scope of the construction project includes factories for which the applicant has legal rights to use, there is a legal interest in the applicant. The applicant believes that this specific administrative act is illegal and wrong and should be revoked in accordance with the law. The specific reasons are as follows:

1. The specific administrative acts involved in the case violated relevant laws and regulations on project establishment.

1. The project is approved without pre-examination of land use, and the procedure is seriously illegal.

Article 9 of the "Decision of the State Council on Strictly Reforming and Deepening Land Management" stipulates that "the development and reform departments must inform the project unit through appropriate means to carry out preliminary work. After the project unit submits an application for land use pre-examination, the land and resources Departments must review the land used for construction projects in accordance with the law. When project construction units apply for approval or approval of construction projects to the development and reform departments, they must attach pre-examination opinions from the land and resources department; if there is no pre-examination opinion or the pre-examination fails, the construction project shall not be approved or approved. ”

Article 10 of the “Interim Measures for Enterprise Investment Approval of Guangdong Province” stipulates that “when a project applicant submits an application report to the project approval authority, it shall attach the following documents in accordance with national and provincial laws and regulations: (2) ) Project land pre-examination opinion issued by the administrative department of land and resources;"

However, the respondent made an approval opinion on the application report of the Guangdong Development and Reform Project on the Reconstruction Project of the Provincial Highway S268 Line __ City Qijiang Section (Guangdong Development and Reform No. __788), the land and resources administrative department did not issue a pre-examination opinion on the land for the construction project, which seriously violated the above-mentioned laws and regulations.

2. Lack of environmental impact assessment documents, urban planning opinions and other legal requirements for project approval.

Article 10 of the "Interim Measures for Enterprise Investment Approval of Guangdong Province" stipulates that "when a project applicant submits an application report to the project approval authority, it shall attach the following documents in accordance with national and provincial laws and regulations: (1) Approval opinions on environmental impact assessment documents issued by the environmental protection administrative department; (3) Urban planning opinions issued by the urban planning administrative department; (4) Other documents that should be submitted in accordance with laws and regulations;"

Been Before making the specific administrative action of the "Approval Opinions on the Application Report for the Reconstruction Project of the Provincial Highway S268 Line __ City Qijiang Section" (Guangdong Development Reform No. 788), the applicant did not obtain the environmental impact report issued by the environmental protection administrative department. Approval opinions on evaluation documents and urban planning opinions issued by the urban planning administrative department are serious procedural violations.

2. Failure to perform the hearing nor notify interested parties to apply for a hearing, violating legal procedures.

Article 46 of the "Administrative Licensing Law of the People's Republic of China" stipulates that "laws, regulations, and rules stipulate matters that require hearings for the implementation of administrative licensing, or other matters that the administrative agency deems necessary to hear." For major administrative licensing matters that are in the public interest, the administrative agency shall announce it to the public and hold a hearing. "Article 47 stipulates, "If the administrative license directly involves the major interest relationship between the applicant and others, the administrative agency shall make a decision. Before an administrative licensing decision is made, the applicant and interested parties shall be informed of their right to request a hearing; if the applicant or interested party applies for a hearing within five days from the date of being informed of the right to a hearing, the administrative agency shall organize a hearing within 20 days. ”

However, when the __ Provincial Development and Reform Commission made the specific administrative action of Guangdong Development and Reform No. __788 "Approval Opinions on the Application Report for the Reconstruction Project of Qijiang Section, Zhongshan City, Provincial Highway S268 Line", there was no specific administrative action Inform interested parties that they have the right to request a hearing and that the procedure is seriously illegal.

In summary, the specific administrative acts of the respondent in the "Approval Opinions on the Application Report for the Reconstruction Project of the Qijiang Section of Zhongshan City on Provincial Highway S268" (Guangdong Development Reform No. __788) are illegal and wrong. , should be revoked. In order to protect their legitimate rights and interests and correct the illegal behavior of the respondent, the applicant specifically applies to your office in accordance with the provisions of the "Administrative Reconsideration Law of the People's Republic of China" and the "Implementation Regulations of the Administrative Reconsideration Law of the People's Republic of China". Administrative review, we hope to support the applicant’s request for review.

Sincerely,

National Development and Reform Commission of the People’s Republic of China

Applicant:

Year, month, day

Related articles on how to write a written application for reconsideration:

★ 5 articles on administrative reconsideration applications

★ 5 administrative review application templates

★ 5 formal administrative review application forms

★ 5 administrative review application forms 2020

★ 5 administrative review application templates

★ Apply for administrative review application form 5 articles

★ 5 samples of administrative reconsideration application forms