Real Estate Perspective... On the administrative reconsideration law that plays the role of the main channel of administrative dispute resolution.

[Law Orientation-Article 1 of the New Administrative Reconsideration Law]]

The purpose of legislation refers to the goals and results to be achieved or achieved by the legislative activities determined by the legislator when making the law. The new "Administrative Reconsideration Law" modifies "specific administrative acts" to "administrative acts" on the basis of the current "Administrative Reconsideration Law", expands the scope of administrative reconsideration, and at the same time maintains consistency with the expression of the "Administrative Litigation Law" to eliminate judicial practice The confusion about the classification of the nature of administrative acts; adjust the positions of the two functions of "supervision" and "guarantee", and emphasize the positioning of the legal supervision mechanism of administrative reconsideration. New "give full play to the role of administrative reconsideration as the main channel to resolve administrative disputes and promote the construction of a government under the rule of law", take the administrative reconsideration system as the main channel to resolve administrative disputes, and adjust the current pattern of "big letters and visits, medium litigation, and small reconsideration". On the one hand, a large number of administrative disputes are required to enter the administrative reconsideration channel, On the other hand, it also requires that administrative disputes can be effectively resolved in terms of quality.

[Law Orientation-Articles 2, 11, 12, 13, 56, 57 and 58 of the new Administrative Reconsideration Law]]

The new "Administrative Reconsideration Law" expands the scope of administrative reconsideration by listing positive and negative exclusions in general terms. With reference to the relevant provisions of the "Administrative Litigation Law", it is more detailed and clear than the current "Administrative Reconsideration Law". The scope of reconsideration starts from the entrance to allow more administrative disputes to enter the administrative reconsideration channel to resolve.

New positive listing provisions include administrative punishment, administrative compulsory measures, administrative enforcement, application for administrative license, confirmation of natural resources, administrative expropriation, administrative expropriation, administrative compensation, administrative compensation, identification of work-related injuries, exclusion or restriction of competition, administrative agreements, and disclosure of government information. Clarify the "negative list", including national defense, foreign affairs and other state acts, administrative regulations, rules, or generally binding decisions, orders and other normative documents formulated and issued by administrative organs, and decisions on the reward, appointment and removal of staff by administrative organs, and mediation of civil disputes by administrative organs are excluded from the scope of administrative reconsideration. It is clear that when applying for administrative reconsideration, the applicant may submit an application for incidental review of the following normative documents, excluding the normative documents issued by the State Council. In addition, the new "Administrative Reconsideration Law" lists a separate section of administrative reconsideration incidental review, which supplements and improves the current "Administrative Reconsideration Law" on the procedures and handling methods of incidental review regulatory documents, and clarifies the boundaries of administrative reconsideration while providing scientific processing. Mechanism to improve the efficiency and quality of administrative reconsideration.

[Law Orientation-Articles 20, 21, 22, 30, 31, 32 and 33 of the new Administrative Reconsideration Law]]

The new "Administrative Reconsideration Law" unblocks reconsideration channels, strengthens information construction, innovates and stipulates the submission mechanism of administrative reconsideration applications, and at the same time learns from the provisions of the Administrative Litigation Law to refine the administrative reconsideration time limit system. Adhere to the principle of convenience, simplify the procedure, pay attention to the timeliness and convenience of the initiation of the reconsideration procedure. The provisions on the acceptance of administrative reconsideration in the new Administrative reconsideration Law, from the perspective of administrative reconsideration organs, accept qualified applications for reconsideration, effectively resolve problems such as difficulties in filing administrative reconsideration cases and blocked channels, ensure that citizens, legal persons or other organizations can obtain relief from administrative reconsideration, and reflect the basic orientation of amending the law.

[Law Orientation-Article 23 of the New Administrative Reconsideration Law]]

Pre-reconsideration means that citizens, legal persons, or other organizations that are not satisfied with a specific administrative act must first apply to the administrative reconsideration agency for administrative reconsideration. If they are not satisfied with the administrative reconsideration decision, they can file a lawsuit in the people's court. The new Administrative Reconsideration Law expands the scope of administrative reconsideration, limiting specific administrative disputes to the administrative reconsideration stage, provisions on the administrative penalty decision made on the spot, the decision to infringe upon the ownership or use right of natural resources acquired in accordance with the law, the administrative organ fails to perform its legal duties in accordance with the law, the application for government information disclosure but the administrative organ does not disclose it, and the law and administrative regulations stipulate that the administrative reconsideration should be applied to the administrative reconsideration organ first, and the contradiction should be resolved through the internal relief of the administrative system, efficient, convenient, but also to reduce the pressure of the judiciary.

[Law Orientation-Articles 4, 24, 25, 26, 27 and 28 of the new Administrative Reconsideration Law]]

The new "Administrative Reconsideration Law" cancels the administrative reconsideration duties of the working departments of local people's governments at all levels in the current "Administrative Reconsideration Law", and clarifies that local people's governments at or above the county level exercise administrative reconsideration duties in a unified manner. Specifically, the provisions of the first paragraph of Article 12 of the current "Administrative Reconsideration Law" that "if you are not satisfied with the specific administrative actions of the working departments of the local people's governments at or above the county level, the applicant may choose to apply to the people's government at the corresponding level of the department Administrative Reconsideration, or apply to the competent department at the next higher level for administrative reconsideration" is a "combination of administrative reconsideration jurisdiction system, although the system has both the convenience of" block jurisdiction "and the professionalism of" rule jurisdiction ", there are also problems in the process of practice, such as scattered reconsideration resources, different trial standards, and insufficient convenience for the people, resulting in the failure of the administrative reconsideration system to achieve its due effectiveness. Therefore, the new Administrative Reconsideration Law stipulates that the local people's governments at or above the county level shall exercise the duties of reconsideration in a unified manner, while retaining the administrative organs under vertical leadership such as customs, finance, and foreign exchange management, taxation and national security organs under the jurisdiction of the organs at the next higher level, and the self-jurisdiction of the people's governments of provinces, autonomous regions, municipalities directly under the Central Government, and departments under the State Council. The revision establishes a relatively centralized reconsideration jurisdiction system with "block jurisdiction" as the mainstay and "article jurisdiction" as a supplement, optimizes the allocation of administrative reconsideration resources, and further realizes "same case and same judgment".

[Law Orientation-Articles 36 to 60 of the New Administrative Reconsideration Law]]

The new Administrative Reconsideration Law has made major amendments to the reconsideration trial procedures, focusing on efficiency while taking into account fairness, improving the quality of case handling, dividing the trial procedures into ordinary procedures and summary procedures, improving the hearing procedures, and increasing the suspension of reconsideration, the termination of reconsideration, and the Administrative Reconsideration Committee mechanism. Specifically, replacing the principle of written trial of ordinary procedures with "listening to the opinions of the parties in person or through the Internet, telephone, etc." is conducive to finding out the facts and fair trial. The introduction of the hearing system strengthens the judicial nature of the reconsideration trial procedure to a certain extent. Major, difficult and complex administrative reconsideration cases should organize a hearing. If the reconsideration agency deems it necessary or the parties request a hearing, it can organize a hearing. The principle of exclusiveness of case files is stipulated, that is, for reconsideration cases after hearing, the reconsideration decision shall be made according to the hearing record, the facts and evidence determined by examination. New summary procedures, qualified reconsideration cases or parties agree to apply, summary procedures can be applied, can be heard in writing. The new evidence system stipulates that the burden of proof borne by the parties shall be determined by enumeration, and the reconsideration organ shall ascertain the facts of the case according to its functions and powers. The new administrative reconsideration committee mechanism shall be submitted to the administrative reconsideration committee for advisory opinions on major, difficult, complex, professional, highly technical, provincial-level reconsideration cases or cases deemed necessary by the administrative reconsideration agency. The method of advice strengthens the externality of administrative reconsideration and makes up for the lack of neutrality of the administrative reconsideration system.

[Law of Law: New Administrative Law] Article 63, Article 64, Article 65, Article 66, Article 67, Article 68, Article 68, Article 69, Article 62, Article 69, Article 62] Article, Article 71, Article 72]

The administrative reconsideration decision refers to the judgment and handling of whether the disputed administrative act is legal and appropriate in accordance with laws, regulations and rules by the administrative reconsideration organ through the reconsideration trial and on the basis of ascertaining the facts. it is the direct embodiment of the content of the reconsideration organ's request for the reconsideration applicant and one of the core issues of the administrative reconsideration system. The new "Administrative Reconsideration Law" refers to the "Administrative Procedure Law" and splits the provisions of Article 28 of the current "Administrative Reconsideration Law" to change the decision, revoke the decision, confirm the illegal decision, order the performance of the duty, confirm the invalid decision, maintain the decision, reject the reconsideration request decision, administrative agreement reconsideration decision and administrative compensation reconsideration decision as the order single article to stipulate the types of reconsideration decisions and their use conditions. The above-mentioned reconsideration decisions have different response degrees to the requirements for substantive resolution of administrative disputes. The revocation of the decision, the confirmation of the illegal decision, the confirmation of the invalid decision, etc. are that the reconsideration organ only makes judgments on the illegality and impropriety of the administrative act, or gives instructions on the corrective measures of the administrative act and starts the administrative procedure again, which are indirect error correction reconsideration decisions. The change decision is that the reconsideration organ makes judgments on the validity of the administrative act, directly changing the illegal or improper content of an administrative act and no longer initiating administrative procedures is a direct error correction reconsideration decision. The new Administrative Reconsideration Law distinguishes the applicable conditions of the three kinds of reconsideration decisions: change, revocation and confirmation of illegality. It forms a logical sequence of first change and then revocation in the order of provisions, and establishes the priority application of the change decision, which reflects the legislative orientation of the reconsideration procedure aimed at resolving administrative disputes in substance and realizing the establishment, change or termination of substantive legal relations.