Some comrades simply believe that administrative reconsideration of advertising administrative penalties, administrative reconsideration rights and litigation rights are notified of both. Therefore, we often see this statement in some penalty decisions: If the parties do not accept this penalty decision, , you can apply to an industrial and commercial administration bureau for reconsideration within sixty days from the date of receipt of this penalty decision, or you can file a lawsuit with the People's Court within three months according to law. As everyone knows, whether the right of administrative reconsideration and the right of litigation must be notified at the same time, and the time limit for the parties to choose to implement the right of administrative reconsideration or the right of litigation must be determined according to the specific provisions of the laws and regulations applicable to administrative penalties. Generally speaking, notification of the parties’ administrative reconsideration rights and litigation rights is divided into the following three situations. The administrative review rights and litigation rights are both informed. This is a relatively common situation. There are several situations here: First, laws and regulations clearly stipulate that if a party is dissatisfied with the decision on punishment, he or she may apply for reconsideration to the higher-level authority that made the decision within 60 days from the date of becoming aware of the decision; if the party is dissatisfied with the decision on administrative review, , you can file a lawsuit with the People's Court within fifteen days from the date of receipt of the reconsideration decision; or you can file a lawsuit with the People's Court within three months according to law. Second, laws and regulations do not provide for the implementation of the right of reconsideration and litigation, or if the provisions are unclear, the provisions of Article 37 of the Administrative Litigation Law and Article 9 of the Administrative Reconsideration Law should be followed. Notice before reconsideration. The so-called preemptive review means that after receiving the administrative penalty decision, the administrative counterpart can only exercise the right of administrative review first, rather than the right of administrative review and the right of litigation, which can be used either or both at the same time. Only after the administrative reconsideration is made in accordance with the law, if you are dissatisfied with the administrative reconsideration decision, you can file a lawsuit with the People's Court in accordance with the law. Paragraph 2 of Article 37 of the "Administrative Litigation Law" stipulates that laws and regulations stipulate that one should first apply to the administrative agency for reconsideration. If one is dissatisfied with the reconsideration and then files a lawsuit in the People's Court, the provisions of laws and regulations shall be followed. Therefore, when applying the "Enterprise Legal Person Registration and Management Regulations", "Advertising Management Regulations", etc. to impose administrative penalties or other specific administrative actions, the parties can only be notified of the administrative reconsideration rights first, and cannot add "or file a lawsuit with the People's Court within three months" etc. statement. Notification of the right to sue within a special time limit. The provisions on the period for the performance of administrative litigation rights should comply with Article 39 of the Administrative Litigation Law: “Citizens, legal persons or other organizations that file a lawsuit directly with the People’s Court shall file a lawsuit within three months from the date of knowing that a specific administrative act has been made. .Except as otherwise provided by law". The current exceptions are the Advertising Law and the Trademark Law. Article 48 of the "Advertising Law" clarifies the party's right of reconsideration, and stipulates the right of litigation as follows: The party may also directly file a lawsuit with the People's Court within fifteen days from the date of receiving the penalty decision. The Trademark Law does not explicitly stipulate the right of reconsideration, but Article 53 of the Trademark Law clearly stipulates the right to litigate: If the party concerned is dissatisfied with the handling decision, he or she may, within fifteen days from the date of receipt of the handling notice, file a lawsuit within 15 days from the date of receipt of the handling notice. Procedural Law of the People's Republic of China. Therefore, whenever administrative penalties are imposed under the Advertising Law, Trademark Law and Trademark Law Implementation Regulations, the parties concerned should be informed that they can impose penalties within fifteen days (rather than three months) from the date of receipt of the penalty decision. File a lawsuit in the People's Court and inform the parties concerned that they can also apply for reconsideration to the higher authority within 60 days. When applying the Advertising Law and the Implementing Rules of the Advertising Management Regulations, notices of the right to litigate and the right to reconsider are inconsistent, which should be paid special attention to.