I. You can apply for administrative reconsideration 1. Under what circumstances can I apply for reconsideration? Citizens, legal persons or other organizations are dissatisfied with specific administrative decisions made by administrative organs, such as warnings, fines, confiscation of illegal income, order to stop production or business, temporary suspension or revocation of licenses, administrative detention, etc.; Or refuses to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property made by administrative organs. 2. When did you apply for reconsideration? Sixtieth from the date of knowing the specific administrative act, apply for administrative reconsideration within 60 days; However, unless the application period prescribed by law exceeds 60 days. 3. Where to go for reconsideration? (1) If the applicant refuses to accept the specific administrative act of the working department of the local people's government at or above the county level, he may apply for administrative reconsideration to the people's government at the corresponding level or the competent department at the next higher level. However, those who refuse to accept the specific administrative act of the administrative organ that implements vertical leadership can only apply to the competent department at the next higher level for administrative reconsideration. (2) Those who are dissatisfied with the specific administrative actions of local people's governments at various levels shall apply to the local people's government at the next higher level for administrative reconsideration. (three) to apply for administrative reconsideration to the dispatched office if it refuses to accept the specific administrative act of the dispatched office established by the people's government of the province or autonomous region according to law. (4) To apply for administrative reconsideration to the department of the State Council or the people's government of a province, autonomous region or municipality directly under the Central Government who refuses to accept the specific administrative act of the department of the State Council. (5) If the local people's government at or above the county level refuses to accept the specific administrative act of the dispatched office established according to law, it shall apply for administrative reconsideration to the people's government that established the dispatched office. (6) To apply for administrative reconsideration to the department that established the agency or the local people's government at the corresponding level if it refuses to accept the specific administrative act of the agency established by the government department in its own name according to laws, regulations or rules. (seven) if he refuses to accept the specific administrative act of an organization authorized by laws and regulations, he shall apply for administrative reconsideration to the local people's government, the working department of the local people's government or the directly competent department of the organization in the State Council. (8) If two or more administrative organs are dissatisfied with a specific administrative act with the same name, they shall apply to the administrative organ at the next higher level for administrative reconsideration. (nine) if the revoked administrative organ refuses to accept the specific administrative act made before the revocation, it shall apply for administrative reconsideration to the administrative organ at the next higher level of the administrative organ that continues to exercise its functions and powers. 4. What materials are needed to apply for reconsideration? (1) An application for administrative reconsideration in duplicate. If there are more than two applicants, an application for administrative reconsideration shall be added for each additional one; (2) the identity certificate of the applicant. If the applicant is a citizen, submit a copy of the ID card; If the applicant is a legal person, a copy of the business license and the identity certificate of the legal representative shall be submitted; If the applicant is from another organization, submit the documents approved by the relevant authorities for the establishment of the organization and the identity certificate of the person in charge; (3) The specific administrative act or administrative omission of the respondent; (4) If the applicant entrusts an agent to participate in the reconsideration, it shall submit a valid entrustment document and the identity certificate of the entrusted agent, and specify the authority of the entrusted agent. Second, you can go to court to sue 1. Under what circumstances can I sue? (1) refuses to accept the administrative punishment 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; (two) the restriction of personal freedom or the seizure, seizure, freezing of property and other administrative compulsory measures and administrative enforcement; (three) the administrative organ refuses the application for administrative license or fails to reply 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, requisition and compensation; (six) the administrative organ refuses to perform its statutory duties of protecting personal rights, property rights and other legitimate rights and interests, or refuses to reply; (seven) that the administrative organ has violated its right to independent management or the right to contracted management of rural land; (eight) that 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; (10) thinks that the administrative organ fails to pay the pension, minimum living allowance or social insurance allowance according to law; (1 1) thinks that the administrative organ fails to perform according to law, fails to perform as agreed, or illegally changes or cancels the government franchise agreement, land and housing expropriation compensation agreement and other agreements; (12) thinks that the administrative organs have violated personal rights, property rights and other legal rights. 2. When will you go to court to sue? In six months. Within six months from the date of knowing or should have known that the administrative act was made. Except as otherwise provided by law. 3. which court to sue? (1) Basic people's courts have jurisdiction over administrative cases of first instance. (2) The Intermediate People's Court shall have jurisdiction over the following administrative cases of first instance: proceedings brought against the administrative acts of the State Council departments or local people's governments at or above the county level; Cases handled by the customs; Major and complicated cases within its jurisdiction. Cases under the jurisdiction of the intermediate people's court as stipulated by other laws. (3) The Higher People's Court has jurisdiction over major and complicated administrative cases of first instance within its jurisdiction. (4) the Supreme People's Court has jurisdiction over major and complicated administrative cases of first instance nationwide. 4. What materials do you want to sue? (1) indictment; (2) Basic information of the plaintiff (including the third party): the materials submitted by the natural person to record the basic information such as his name, gender, age, nationality, address, contact information, ID number, etc., such as ID card, household registration book, residence certificate, passport, home visit permit for Taiwan compatriots from Hong Kong and Macao, etc. A legal person or other organization shall submit the business license, registration certificate or organization code certificate of the legal person or other organization and the identity certificate of its legal representative or principal responsible person; (3) When submitting the complaint, the plaintiff shall submit copies according to the number of the other parties; (4) the written decision of the administrative organ, the written decision on punishment, the written decision of the administrative reconsideration organ and the evidence proving the date of receipt of the above written decision; (5) If the defendant is sued for inaction, the plaintiff shall submit the evidence applicable in the administrative procedure; (6) In administrative compensation proceedings, the plaintiff shall submit evidence of the fact that the defendant's specific administrative act caused damage; (seven) if an agent ad litem is entrusted to conduct litigation, a power of attorney shall be submitted; (8) Other evidence that should be submitted. 5. How much does it cost to go to court? (1) each trademark, patent and maritime administrative case 100 yuan; (2) Every 50 yuan in other administrative cases. In addition, administrative compensation cases do not need to pay legal fees. In reality, if a party refuses to accept the administrative punishment, he can defend his rights through some legal channels, including applying for administrative reconsideration or bringing an administrative lawsuit directly to the people's court. However, according to the regulations, he must accept punishment before he can defend his rights through these channels.