1. Will the administrative review decision be legally effective once it is made?
1. It is wrong to say that the administrative review decision will be legally effective once it is made. The administrative reconsideration decision takes effect immediately once it is served, that is, the administrative reconsideration decision needs to take effect when it is served to the party concerned, not when it is made.
2. Legal basis: Article 6 of the "Administrative Reconsideration Law of the People's Republic of China"
Under any of the following circumstances, citizens, legal persons or other organizations may file a lawsuit in accordance with this provision Application for administrative reconsideration according to law:
(1) Warnings, fines, confiscation of illegal income, confiscation of illegal property, orders to suspend production and business, suspension or revocation of licenses, suspension or revocation of licenses, administrative Dissatisfied with decisions on administrative penalties such as detention;
(2) Dissatisfied with decisions made by administrative agencies on administrative compulsory measures such as restricting personal freedom or sealing, seizing, or freezing property;
(3) ) are dissatisfied with decisions made by administrative agencies regarding changes, suspensions, and cancellations of permits, licenses, qualification certificates, qualification certificates, etc.;
(4) dissatisfaction with decisions made by administrative agencies regarding the confirmation of land, mineral deposits, Dissatisfied with the decision on the ownership or use rights of natural resources such as water flows, forests, mountains, grasslands, wastelands, tidal flats, sea areas, etc.;
(5) Believing that administrative agencies have violated legitimate business autonomy;
(6) Believe that the administrative agency has changed or abolished the agricultural contract, infringing upon its legitimate rights and interests;
(7) Believe that the administrative agency has illegally raised funds, collected property, apportioned fees, or illegally required the performance of other obligations
(8) If you believe that you meet the statutory conditions and apply for administrative agencies to issue permits, licenses, qualification certificates, qualification certificates and other certificates, or apply for administrative agencies to examine and approve or register relevant matters, the administrative agencies fail to handle them in accordance with the law. ;
(9) Applying to the administrative agency to perform its statutory duties of protecting personal rights, property rights, and educational rights, but the administrative agency fails to perform them in accordance with the law;
(10) Applying to the administrative agency to comply with the law The administrative agency fails to issue pensions, social insurance funds or minimum living security allowances in accordance with the law; (11) It is believed that other specific administrative actions of the administrative agency infringe upon its legitimate rights and interests.
2. What is the sample application form for administrative review
Applicant: ____
Address: ____________
Tel: ___
Legal representative: Name: ______
Position: ______________
Agent: Name: ______
Gender: ______
< p>Age: ___Ethnicity: ___
Position: ___
Working Unit: _______
Residence: _______________
Tel: ___
Respondent: Name: ____
Address:___________
Tel: ___
Legal representative : Name: _______________
Position: ___
Cause of action: I applied for reconsideration because I was dissatisfied with the decision of _______ (unit) on ____month__day____.
Requirements and reasons for applying for reconsideration:_________________________
(Request to revoke or dissatisfy a certain resolution or handling opinion made by the respondent, and appeal)
( List the documentary evidence, factual basis and logical judgment to prove that the respondent’s decision or handling opinion is wrong and the applicant’s claim is reasonable)
Sincerely
___________ (Respondent. Applicant unit)
Applicant: _______ (seal)
Legal representative: _____ (signature and seal)
____year__month__ Day