1, the meaning of administrative relief is as follows:
(1) A remedy for the counterpart to ask the administrative organ to correct illegal and improper administrative acts;
(2) It may be implemented by the organ that originally made the administrative decision or its superior supervisory organ;
(3) The relevant state organs, at the request of the counterpart, correct the illegal or improper administrative acts of the administrative organs that damage the legitimate rights and interests of the counterpart, so as to restore and remedy the legitimate rights and interests of the counterpart;
(4) Based on the essence of activities, this kind of relief refers to the activities that can provide relief for the counterpart in administrative law, including the relief provided by administrative organs and the relief provided by judicial organs.
2. Legal basis: Article 9 of People's Republic of China (PRC) Administrative Reconsideration Law.
Citizens, legal persons or other organizations that a specific administrative act infringes upon their legitimate rights and interests may apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days.
If the statutory application period is delayed due to force majeure or other legitimate reasons, the application period will continue to be counted from the date when the obstacle is removed.
Second, what are the characteristics of administrative relief?
1, administrative relief is based on the existence of administrative disputes;
2. Administrative relief is caused by the administrative counterpart's belief that their legitimate rights and interests are infringed by administrative acts;
3. Administrative relief can only be carried out according to the application of the relative person, and the principle of non-litigation is implemented. The administrative counterpart is the initiator of the relief procedure;
4. The purpose of administrative relief is to protect the legitimate rights and interests of the administrative counterpart. Its purpose and essence is to remedy the damaged legitimate rights and interests of the administrative counterpart by correcting illegal or improper specific administrative acts and provide legal protection for the legitimate rights and interests of the administrative counterpart.