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Comparison of the Old and New Regulations on the Implementation of the Administrative Reconsideration Law and Professional Interpretation by Ying Ting Lawyer
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Article author：Yingting Lawyers Group | Update time：2026-05-13 | Reading times：174
Preface
The "Regulations on the Implementation of the Administrative Reconsideration Law of the People's Republic of China" (revised in 2026) (hereinafter referred to as the "New Regulations") were officially announced a few days ago and will come into effect on July 1, 2026, replacing the old version of the "Regulations" that came into effect on August 1, 2007 (hereinafter referred to as the "Old Regulations").
This revision is the first comprehensive revision of the "Regulations on the Implementation of the Administrative Reconsideration Law" since its promulgation in 2007. It has been tested in practice for nearly 19 years and fully absorbs the results and practical experience of the reform of the administrative review system. In terms of the number of articles, the "Old Regulations" have a total of 66 articles, and the "New Regulations" have a total of 77 articles, a net increase of 11 articles. In terms of content and substance, the revision involves multiple dimensions such as expanding the scope of review, expanding the qualifications of the parties, optimizing the trial procedures, refining the types of decisions, and strengthening the supervision mechanism.
As a law firm specializing in legal services in the field of high-end commercial enterprises and administrative disputes, Yingting Law Firm deeply understands the pivotal position of the "Regulations on the Implementation of the Administrative Reconsideration Law" in the administrative dispute resolution system - it is a bridge specification connecting the Basic Law of Administrative Reconsideration and the practical operation of administrative review, and is directly related to the effectiveness of the parties' rights relief. In order to help corporate customers and relevant practitioners accurately grasp the key points of this revision, we have compared the old and new provisions chapter by chapter and conducted practical interpretations one by one. The interpretation focuses on the following three dimensions:
1. Standard changes: faithfully present the additions, deletions, and changes to the original text of the provisions;
2. Background of the modification: explain the motivation for the modification from the perspective of legislative policy, administrative practice or judicial interpretation;
3. Practical guidance: Tips on precautions and strategic suggestions for lawyers in practicing law and corporate rights protection.
The following is a chapter-by-chapter comparison and interpretation of the full text.
Chapter 1 General Provisions (Articles 1 to 8)
This chapter contains a total of 8 articles, which has significant structural changes compared with the general provisions of the "Old Regulations". The general provisions of the "New Regulations" have been expanded from the original 5 to 8, with 3 new provisions (comprehensive review principle, mediation, standardization and informatization), 2 substantive modifications, and the rest follow the old regulations. The biggest highlight is that the value objective of the administrative review system has been raised from "dispute resolution" to "substantial resolution of disputes" and "source prevention", which reflects the legislative orientation of the transformation of administrative review from "function supplementary" to "main channel" positioning.
Article 1 Legislative basis
【Old Law (2007)】
In order to further leverage the role of the administrative reconsideration system in resolving administrative disputes, building a rule of law government, and building a harmonious socialist society, these regulations are formulated in accordance with the Administrative Reconsideration Law of the People's Republic of China (hereinafter referred to as the Administrative Reconsideration Law).
【New Law (2026)】
These Regulations are formulated in accordance with the Administrative Reconsideration Law of the People's Republic of China (hereinafter referred to as the Administrative Reconsideration Law).
[Lawyer’s Interpretation]
Article 1 of the "New Regulations" deletes the foreshadowing statement of the legislative purpose and only retains the legislative basis. From a legislative technical perspective, Article 1 of the "Old Regulations" lists "bringing into play the role of the administrative review system in resolving administrative disputes, building a rule of law government, and building a harmonious socialist society" as a legislative purpose. This is actually a policy declaration on the administrative review function, rather than a legislative basis clause in the strict sense. Article 1 of the "New Regulations" directly begins with "In accordance with the "Administrative Reconsideration Law", making it clear that this regulation is a subordinate law and supporting details of the "Administrative Reconsideration Law", and the legislative technology is more precise. Practical Tip: Deleting the legislative purpose clause does not mean that the legislative purpose is unimportant, but that these contents have been reflected in the general provisions of the new Administrative Review Law. The positioning of this regulation is clearer - it is a procedural and operational detail formulated for the implementation of the "Administrative Reconsideration Law". When reviewing this regulation, parties should understand its legislative spirit in conjunction with the general provisions of the new "Administrative Reconsideration Law".
Article 2 Principle of Comprehensive Review (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Administrative review agencies should conduct a comprehensive review of the legality and appropriateness of administrative actions, protect the legitimate rights and interests of citizens, legal persons and other organizations, supervise and guarantee the administrative agencies' exercise of powers in accordance with the law, promote the substantive resolution of administrative disputes, and promote the prevention and reduction of administrative disputes at the source.
[Lawyer’s Interpretation]
This article is a newly added article and is one of the most important general provisions in this revision. This article establishes two core meanings: First, clarify the principle of "comprehensive review". Article 2 of the "New Regulations" clarifies that the administrative review agency "should conduct a comprehensive review of the legality and appropriateness of administrative actions." The “comprehensive review” here is consistent with the judicial review standard stipulated in Article 70 of the Administrative Litigation Law, that is, it not only reviews the legality of administrative actions (factual determination, legal basis, procedural compliance), but also reviews their appropriateness (whether the discretion is reasonable). Under the old legal system, some practical views held that administrative reconsideration was based on legality review, with suitability review as an exception. The New Regulations clarified the principle of comprehensive review, eliminating this controversy. Second, establish the goal orientation of "substantively resolving disputes" and "prevention at the source." The provisions clearly require "promoting the substantive resolution of administrative disputes" and "promoting the prevention and reduction of administrative disputes at the source." This means that the responsibility of the administrative review agency is not only to passively review whether administrative actions are legal, but also to actively promote the substantive resolution of disputes and prevent the process from being idle. Practical Tips: When representing administrative review cases, lawyers can invoke this article to request the administrative review authority to review the appropriateness of administrative actions. In particular, when the administrative penalty discretion is obviously inappropriate and the administrative payment standard is unreasonable, this article can be directly cited as the basis for the request. At the same time, in the facts and reasons of the administrative review application, it is recommended to clearly distinguish between "legality objections" and "appropriateness objections" so that the review authority can conduct targeted trials.
Article 3 Responsibilities and Leadership of Administrative Review Organs
【Old Law (2007)】
Administrative reconsideration agencies at all levels should conscientiously perform administrative review responsibilities, lead and support the agency responsible for legal affairs to handle administrative reconsideration matters in accordance with the law, and equip, enrich, and adjust full-time administrative reconsideration personnel in accordance with relevant regulations to ensure that the case-handling capabilities of the administrative reconsideration agencies are consistent with their work tasks.
【New Law (2026)】
Administrative reconsideration agencies at all levels should conscientiously perform administrative review duties, lead and support the administrative reconsideration agencies of their own agencies to handle administrative reconsideration matters in accordance with the law, equip, enrich and adjust full-time administrative review personnel in accordance with relevant regulations, and ensure that the case-handling capabilities of the administrative reconsideration agencies are commensurate with their work tasks.
[Lawyer’s Interpretation]
This article is a textual modification, and the "organization responsible for legal work" will be changed to the "administrative review agency". After the reform of party and state institutions in 2018, administrative review agencies at all levels have successively established specialized administrative review agencies (such as administrative review bureaus, administrative review and response centers, etc.), replacing the original model in which "legal work agencies" assumed administrative review functions. This amendment is the legal confirmation of this round of institutional reform, achieving consistency between the legal concept and the actual institutional setup. Practical Tips: The modification of this article solves an identity confirmation problem in practice - when parties submit application materials to the administrative review agency, they should submit them to the "administrative review agency" instead of the original "legal agency". There may be differences in the scope of responsibilities of the two, and the scope of authorization of the receiving department should be verified when submitting materials.
Article 4 Responsibilities of Administrative Review Institutions
【Old Law (2007)】
In addition to performing their duties in accordance with the provisions of Article 3 of the Administrative Reconsideration Law, the administrative review agency shall also perform the following duties: (1) forward relevant administrative review applications in accordance with the provisions of Article 18 of the Administrative Reconsideration Law; (2) handle administrative compensation and other matters stipulated in Article 29 of the Administrative Reconsideration Law; (3) supervise the acceptance of administrative review applications and administrative reconsideration in accordance with its duties and powers Implementation of decisions; (4) Handling administrative reconsideration, administrative response case statistics and filing matters of major administrative reconsideration decisions; (5) Handling or organizing the handling of administrative response matters that directly initiate administrative litigation without administrative review; (6) Studying the problems discovered during the administrative review work, promptly making suggestions for improvement to the relevant authorities, and reporting major issues to the administrative review authority in a timely manner.
【New Law (2026)】
The administrative review agency shall perform the following duties in accordance with the provisions of the Administrative Review Law and these Regulations: (1) Accept administrative review applications; (2) Organize and carry out administrative review mediation; (3) Hear administrative review cases and formulate administrative review decisions; (4) Handle incidental review matters stipulated in Articles 56 and 57 of the Administrative Review Law; (5) Handle administrative compensation and other matters stipulated in Article 72 of the Administrative Review Law; (6) Guide and supervise subordinate agencies in accordance with their responsibilities and authority. The administrative review agency performs administrative review duties in accordance with the law; (7) In accordance with its duties and powers, urges the respondent and other relevant administrative agencies to implement administrative review decisions, mediation letters, and opinions in accordance with the law; (8) Handles administrative review case statistics and copies of administrative review decisions; (9) Researches problems discovered during administrative review work, promptly makes suggestions for improvement to relevant agencies, and reports major issues to the administrative review agency in a timely manner; (10) Other matters stipulated by laws and regulations.
[Lawyer’s Interpretation]
This article has been revised significantly. The list of responsibilities of the administrative review agency has been expanded from the original 6 items to 10 items. The specific changes are as follows: 1. Deleted responsibilities: - Delete "transfer application for administrative review" (no longer needed, the applicant applies directly to the review agency); - Delete "handle administrative response matters" (the review agency is not responsible for responding, and the response is handled by the legal agency); - Delete "Recording of major administrative review decisions" (changed to a copy, the information is more timely). 2. Newly added responsibilities: - Added "accepting applications for administrative review" (clearly the direct responsibility of the review agency); - Added "organize administrative review mediation" (echoing the priority principle of mediation established in the new "Administrative Review Law"); - Added "handle incidental review matters" (clearly assign the function of incidental review of normative documents to the review agency); - Added "guidance and supervision of lower-level administrative review agencies" (reflecting the hierarchical supervision attribute of administrative review); - Added "Supervise the implementation of mediation letters and opinion letters" (the original provision only urged the implementation of decisions and now extends to mediation letters and opinion letters); - Added "Supervise the implementation of mediation letters and opinion letters" (substitute for filing, the scope of copying is wider and the time limit is faster). Practical Tip: When representing a case, lawyers should pay attention to the newly added mediation function of the review agency. If there is room for mediation in the case, you can clearly apply for mediation in the application form and invoke item (2) of this article to strive to quickly resolve the dispute through mediation and reduce the company's time and economic costs.
Article 5 Quality requirements for administrative review personnel
【Old Law (2007)】
Full-time administrative reconsideration personnel shall have the conduct, professional knowledge and professional abilities suitable for performing administrative reconsideration duties, and obtain corresponding qualifications. Specific measures shall be formulated by the legal affairs agency of the State Council in conjunction with relevant departments of the State Council.
【New Law (2026)】
Administrative review personnel shall have political, professional qualities and moral conduct suitable for performing administrative review duties.
[Lawyer’s Interpretation]
There are two major changes in the revision of this article: First, the qualification access system for administrative review personnel is cancelled. Article 5 of the "Old Regulations" stipulates that "full-time administrative reconsideration personnel" need to "obtain corresponding qualifications" and specific measures will be formulated by the legal agency of the State Council. This means that under the old system, there was an admission mechanism for administrative review personnel similar to the legal professional qualification examination. Article 5 of the "New Regulations" deletes the "full-time" qualifier, and also deletes the provisions of "obtaining corresponding qualifications" and authorizing the formulation of supporting measures, which means that the qualification access system for administrative review personnel has been officially cancelled. This change is consistent with the reform direction of the new "Administrative Reconsideration Law" to streamline administration and delegate power and optimize the administrative review working mechanism. Second, a new “political quality” requirement is added. Article 5 of the "New Regulations" juxtaposes "political quality" and "professional quality", which reflects the strengthening of the political nature of administrative review work - administrative review is not only legal work, but also an important part of the construction of a law-based government. Administrative review personnel must have corresponding political qualities. Practical Tips: Although qualification access is cancelled, enterprises can still maintain reasonable expectations for the professional abilities of administrative review personnel. If the administrative review personnel obviously do not have the necessary legal expertise, the enterprise can lodge a complaint through channels such as complaints and feedback. At the same time, when representing cases, lawyers can make full use of their professional abilities to provide necessary legal guidance to review personnel and promote professional trials of cases.
Article 6 Administrative Reconsideration and Mediation (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Administrative review agencies should strengthen administrative review mediation work, support and guarantee administrative review agencies to carry out mediation work in accordance with the law, and relevant administrative agencies should cooperate.
[Lawyer’s Interpretation]
This article is newly added and clarifies the main responsibilities and cooperation obligations in administrative reconsideration and mediation work. Under the old legal system, the legal basis for administrative reconsideration and mediation was scattered in the new Administrative Reconsideration Law and relevant judicial interpretations, lacking clear provisions. Article 6 of the "New Regulations" elevates mediation to a legal obligation of administrative review agencies, and also requires that "relevant administrative agencies should cooperate", which is of great significance in promoting the substantive resolution of administrative disputes during the administrative review stage. Scope of mediation: According to the relevant provisions of the new "Administrative Reconsideration Law", matters that can be mediated mainly include: (1) Administrative actions made by administrative agencies exercising their discretion; (2) Administrative compensation disputes; (3) Administrative compensation disputes; (4) Administrative agreement performance disputes, etc. Practical Tip: When representing an administrative reconsideration case, a lawyer should first evaluate whether the case has a basis for mediation. If the case involves administrative discretion, administrative compensation or administrative agreement, it is recommended to clearly apply for mediation in the application form and prepare a corresponding mediation plan. Mediation has the advantages of high efficiency, low cost, and no record of “official” and “civilian” confrontations, and is often more beneficial to corporate clients.
Article 7 Standardization of Administrative Review Work (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Administrative review agencies should strengthen the standardization of administrative review work and improve the standardization level of administrative review work processes and guarantees. Specific regulations will be formulated by the administrative review agency of the State Council in conjunction with relevant departments of the State Council.
[Lawyer’s Interpretation]
This article is a new addition and establishes the legal basis for the standardized construction of administrative review work. "Standardization construction" is one of the core themes of the reform of the administrative review system in recent years. The administrative review agency of the State Council has successively issued a series of administrative review work specifications, including case hearing standards, document formats, procedural procedures, etc. Article 7 of the "New Regulations" elevates this practical experience to legal provisions and authorizes the administrative review agency of the State Council to formulate "specific specifications", clarifying the legal basis and source of authority for standardized construction. Practical Tip: When corporate parties receive an administrative reconsideration decision, they can refer to relevant standardized documents to review whether the reconsideration procedure complies with regulations and whether the format of the decision letter meets the requirements. If there are procedural violations, it can be used as a defense to appeal to the higher-level review authority or file an administrative lawsuit.
Article 8 Administrative Reconsideration Information Platform (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The administrative review agency of the State Council provides convenience for citizens, legal persons or other organizations to apply for and participate in administrative review through a unified administrative review information platform, and improves the quality and efficiency of administrative review work. Administrative reconsideration activities are conducted online through information network platforms and have the same legal effect as offline administrative reconsideration activities.
[Lawyer’s Interpretation]
This article is a brand-new creation and is a direct reflection of digital government construction in the field of administrative review. This article stipulates two core contents: First, establish a national unified information platform for administrative review to realize functions such as online submission, online processing, and online inquiry of review applications, break geographical restrictions, and improve the convenience of review; second, clarify that "online review and offline review have the same legal effect," which completely resolves the long-standing dispute over the legal validity of online review. This provision echoes the provisions of Article 35 of the new Administrative Review Law, marking the official entry of administrative review into the "Internet +" era. Practical Tip: Lawyers should be familiar with and actively use online review channels when representing cases. For remote cases, online reconsideration can significantly reduce travel costs and time consumption. At the same time, attention should be paid to the format requirements and signature authentication requirements of electronic application materials to ensure that the electronic materials submitted meet the "statutory requirements" to avoid being required to supplement materials due to formal flaws, which will affect the timeliness.
Chapter 2 Application for Administrative Review (Articles 9 to 33)
This chapter stipulates the application procedures for administrative reconsideration and the qualifications of participants, which is the door for parties to enter the administrative reconsideration process. Compared with the "Old Regulations", this chapter has the most significant changes: 13 new articles (covering the refinement of the scope of administrative review, typing of administrative agreements, definition of close relatives, expansion of party qualifications, etc.), 5 substantive changes, and 5 deletions. The core change is that the scope of administrative review cases has been significantly expanded to include new types of disputes such as punishment for breach of trust, student status and degree, handling of disciplinary violations in public examinations, and administrative agreements. At the same time, the criteria for determining the qualifications of the parties have been improved.
Section 1: Scope of Administrative Review
This section is a newly created section with 2 articles in total. It embodies the blanket clause in Article 11 of the new Administrative Reconsideration Law and provides a clear normative basis for parties to assert their rights.
Article 9 Refining the scope of administrative review (1)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The scope of administrative reconsideration stipulated in Article 11, Item 15 of the Administrative Reconsideration Law includes the following situations: (1) dissatisfaction with the decision of the administrative agency to include the list of seriously dishonest subjects or the disciplinary measures for dishonesty; (2) dissatisfaction with the appeal handling decision made by the education administrative department on the school’s expulsion and withdrawal; (3) dissatisfaction with the student’s decision The awarding unit is dissatisfied with the behavior of refusing to accept degree applications, not awarding degrees, or revoking degrees; (4) Be dissatisfied with the decisions made by administrative agencies on applicants’ violations of disciplines and violations in the recruitment of civil servants or staff managed with reference to the Civil Servant Law; (5) Believe that other administrative actions of administrative agencies infringe on their legitimate rights and interests.
[Lawyer’s Interpretation]
This article is a newly added article that specifies the safety clause in Article 11, Item (15) of the new Administrative Reconsideration Law, and lists five typical types of reviewable situations: 1. Punishment for breach of trust can be reviewed. Both the "decision to be included in the list of seriously dishonest entities" and the "disciplinary measures for dishonesty" can be applied for administrative review. This is a major development in the construction of the social credit system since 2021. Previously, there was considerable controversy in practice over whether the punishment for breach of trust was actionable and reviewable. Article 9(1) of the New Regulations clearly included the punishment for breach of trust within the scope of administrative review, providing a clear relief path for the parties involved. 2. Disputes over student status and degree can be reviewed. Decisions on expulsion from school, withdrawal from school (subject to appeal processing by the education administrative department), non-acceptance of degree applications, non-awarding of degrees, revocation of degrees, etc. can be applied for administrative review, which are directly related to students' right to education and have great practical significance. 3. Disciplinary violations in public examinations can be reviewed. During the recruitment examination for civil servants or management personnel with reference to the Civil Service Law, if the applicant is dissatisfied with the decision on handling violations of disciplines and regulations, he or she may apply for administrative review. 4. Cover terms. Item (5) serves as a safety net, retaining the possibility of entering the reconsideration process for “other administrative actions” other than the four categories mentioned above. Practical Tips: For cases involving punishment for breach of trust, lawyers should pay special attention to distinguishing between "inclusion decisions" and "disciplinary measures" - the former is a basic behavior, and the latter is a punitive behavior, both of which can be independently applied for review; for cases related to university student status and degree, because they involve the balance between academic autonomy and student rights, it is recommended to comprehensively evaluate the possibility of winning the case.
Article 10 Scope of review of administrative agreement
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Administrative agreements stipulated in Article 13, Article 11 of the Administrative Reconsideration Law include the following agreements: (1) Government franchise agreement; (2) Land, house, etc. expropriation and requisition compensation agreement; (3) Agreements on leasing, sales, etc. of government-invested affordable housing; (4) Medical security service agreement; (5) Other administrative agreements.
[Lawyer’s Interpretation]
This article is a newly added article that categorically enumerates the scope of "administrative agreements" in Article 11, Item (13) of the new "Administrative Reconsideration Law", providing a clear legal basis for administrative agreement disputes to enter the administrative review process. The five types of administrative agreements listed in this article have the following common characteristics: (1) All involve public interests or the supply of public services; (2) At least one party is an administrative agency or public institution; (3) The content of the agreement involves the disposition of the legitimate rights and interests of citizens and legal persons. 1. Government franchise agreement: covering franchise activities in urban public utilities (water supply, gas supply, heating supply, sewage treatment, etc.), public transportation, energy and other fields. 2. Expropriation and expropriation compensation agreement: the compensation agreement signed between the government and the expropriated person during the expropriation and expropriation of land and houses, as well as the compensation agreement during the expropriation process. 3. Affordable housing agreement: lease and sale agreement for government-invested affordable housing. 4. Medical security service agreement: a service agreement signed between a designated medical institution for basic medical insurance and a medical insurance agency. 5. Be thorough: "Other administrative agreements" remain open. Practical Tips: After the administrative review path for administrative agreement disputes is opened, corporate customers should fully realize that once a dispute occurs, in addition to civil litigation, administrative review is also a feasible remedy when signing government cooperation contracts such as franchise agreements and affordable housing agreements, and administrative review has the advantages of comprehensive review and relatively simple procedures.
Section 2 Participants of Administrative Reconsideration
This section regulates the qualification determination of parties involved in administrative reconsideration. The core changes include: clarifying the complete scope of close relatives; expanding the review qualifications of special entities such as individual industrial and commercial households, rural contract operators, village collective economic organizations, and property committees; raising the threshold for starting representatives (from 5 to 10 people); and restricting the respondent from entrusting only a lawyer to represent him.
Article 11 Delimitation of close relatives (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Close relatives referred to in the Administrative Reconsideration Law and these Regulations include spouses, parents, children, brothers and sisters, grandparents, maternal grandparents, grandchildren, maternal grandchildren and other relatives who have a support and support relationship.
[Lawyer’s Interpretation]
This article is a newly added article that uniformly defines the complete scope of "close relatives" in the legal relationship of administrative review. Under the system of the "Old Regulations", the scope of close relatives is not clearly defined. In practice, the relevant provisions of the Civil Code and the Administrative Litigation Law are mainly referred to. Article 11 of the "New Regulations" clearly enumerates nine categories of close relatives, and sets a catch-all clause at the end "other relatives with support and support relationships", which is broader than Article 1045 of the Civil Code (the Civil Code only lists brothers and sisters, with the catch-all clause "people who are supported by the above relatives"). This definition is directly related to the following scenarios: (1) After the death of a citizen, the right of his close relatives to apply for subrogation; (2) The avoidance of administrative review personnel; (3) The qualifications of entrusted agents, etc. Practical Tips: When representing an administrative review case involving the death of a citizen, a lawyer should first verify whether the applicant falls within the scope of close relatives listed in this article. For the identification of "other relatives with support and support relationships", relevant evidence (such as kinship certificates, support agreements, etc.) should be provided as much as possible.
Article 12 Individual industrial and commercial households and rural contract operators (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If an individual industrial and commercial household applies for administrative reconsideration, the operator registered on the business license shall be the applicant. If a rural contract management household applies for administrative reconsideration, the person recorded on the land contract management right certificate and other certificates, the person who signed the contract, or the member representative elected by all members of the rural contract management household shall be the applicant.
[Lawyer’s Interpretation]
This article is newly added and clearly regulates the qualifications of reconsideration applicants for two types of special entities. 1. Individual industrial and commercial households: The operator registered on the business license shall be the applicant. This means that even if the user actually operates the business, if there is another operator registered on the business license, the registered operator rather than the actual operator should be the applicant. This provision is conducive to protecting the legitimate rights and interests of registered operators and also facilitates the reconsideration authority to verify the identity of the applicant. 2. Rural contract management households: This article stipulates three parallel methods for determining applicants: (1) the person recorded on the land contract management right certificate; (2) the person who signs the contract; (3) the member representative elected by all members of the rural contract management household. This provision fully takes into account the complexity of rural land contracting relationships and provides a diversified selection path for applicants. Practical Tips: When representing individual industrial and commercial households in administrative reconsideration cases, lawyers should pay attention to distinguishing the relationship between registered operators and actual operators. If the actual operator is inconsistent with the registered operator, it is recommended to apply for administrative reconsideration in the name of the registered operator to avoid inadmissibility due to the unqualified subject. If there are differences among members of the rural contract management household as to who should apply, a representative should be selected through an internal selection process and a recommendation letter should be provided.
Article 13 Partnerships and other organizations
【Old Law (2007)】
If a partnership applies for administrative reconsideration, the registered enterprise shall be the applicant, and the partner who performs partnership affairs shall participate in the administrative reconsideration on behalf of the enterprise; if other partnership organizations apply for administrative reconsideration, the partners shall jointly apply for administrative reconsideration. If other organizations that do not have legal person qualifications other than those specified in the preceding paragraph apply for administrative review, the main person in charge of the organization shall participate in the administrative review on behalf of the organization; if there is no main person in charge, other members jointly elected shall participate in the administrative review on behalf of the organization.
【New Law (2026)】
If a partnership applies for administrative reconsideration, the enterprise registered in accordance with the law shall be the applicant, and the partner who performs partnership affairs shall participate in the administrative reconsideration on behalf of the enterprise; if other partnership organizations apply for administrative reconsideration, all partners shall jointly apply for administrative reconsideration. If other organizations that do not have legal person qualifications other than those specified in the preceding paragraph apply for administrative review, the main person in charge of the organization shall participate in the administrative review on behalf of the organization; if there is no main person in charge, jointly elected members shall participate in the administrative review on behalf of the organization.
[Lawyer’s Interpretation]
This article is a textual modification. It only changes "registration approval" to "registration according to law". There is no substantive change in the substantive rules. The background of this text adjustment is: "Approval and registration" is the expression of the old "Company Registration Management Regulations" and the old "Enterprise Legal Person Registration Management Regulations"; "Registration in accordance with the law" is a common expression under the new registration system, which is more accurate. Practical Tip: The change from “approval registration” to “registration in accordance with the law” does not affect the partnership’s entity qualifications for applying for administrative reconsideration. When representing a partnership in a case, a lawyer should verify the registration status of the partnership and confirm its ability to litigate and reconsider.
Article 14 Application for reconsideration by the company’s internal governance body
【Old Law (2007)】
If the general meeting of shareholders, general meeting of shareholders, and board of directors of a joint-stock enterprise believe that specific administrative actions taken by administrative agencies infringe upon the legitimate rights and interests of the enterprise, they may apply for administrative reconsideration in the name of the enterprise.
【New Law (2026)】
If the company's shareholders' meeting or board of directors believe that the administrative actions taken by the administrative agencies infringe upon the company's legitimate rights and interests, they may apply for administrative reconsideration in the name of the company.
[Lawyer’s Interpretation]
This amendment expands the scope of application from "joint-stock enterprises" to all "companies" and simplifies the expression of internal governance institutions. 1. Expansion of entities: The "Old Regulations" were limited to "joint-stock enterprises", while the "New Regulations" were extended to all company types (including limited liability companies, joint stock companies, one-person companies, etc.), reflecting the equal protection of market entities' right to participate in reconsideration. 2. Organizational simplification: Delete “shareholders’ meeting and shareholders’ representative meeting” and retain only “shareholders’ meeting and board of directors”. This modification is in harmony with the provisions of the Company Law - in modern corporate governance, the shareholders' meeting is the highest authority and the board of directors is the executive agency, and the representation of both is sufficient. 3. Uniform expression: Change "specific administrative acts" to "administrative acts" to be consistent with the new legislative style. Practical Tips: When representing corporate clients, if a lawyer discovers that the administrative actions of administrative agencies infringe upon the legitimate rights and interests of the company (such as illegal revocation of business license, illegal sealing of business premises, etc.), the lawyer may recommend that the company's board of directors or shareholders' meeting initiate an administrative review application process and apply for administrative review in the name of the company.
Article 15 Rural collective economic organizations apply for reconsideration (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If a rural collective economic organization or a villagers committee or villager group that performs the functions of a rural collective economic organization in accordance with the law believes that an administrative action taken by an administrative agency infringes upon the legitimate rights and interests of a rural collective economic organization, it may apply for administrative reconsideration in its own name. If a rural collective economic organization or a villagers committee or a villager group that performs the functions of a rural collective economic organization in accordance with the law does not apply for administrative reconsideration, more than half of the members of the rural collective economic organization may apply for administrative reconsideration in the name of the rural collective economic organization, villagers committee or villagers group.
[Lawyer’s Interpretation]
This article is a newly added article that makes systematic provisions for the qualifications of review subjects of rural collective economic organizations. This is a major institutional innovation closely related to rural land expropriation compensation in this revision. This article stipulates two levels of subject qualifications: 1. First level: Rural collective economic organizations, village committees, and villager groups can directly apply for administrative review in their own names. This means that when the administrative actions of administrative agencies (such as land acquisition approvals, compensation decisions, etc.) infringe upon the land rights of the village collective, the village collective has the right to apply for administrative reconsideration in its own name, without having to apply through individual villagers on their behalf. 2. Second level: members’ right to apply for subrogation. If rural collective economic organizations, village committees, and villagers groups fail to exercise their right to apply for reconsideration, more than half of the members of rural collective economic organizations can apply for administrative reconsideration in the name of the village collective, village committee, or villagers group. Practical Tips: The potential significance of this article for corporate customers is that when an enterprise is a partner of a rural collective economic organization (such as land transfer, cooperative development, etc.), if the administrative actions of the administrative agency infringe upon the rights and interests of the rural collective economic organization and thereby indirectly affect the rights and interests of the enterprise, the enterprise can invoke this article to assist the village collective in initiating administrative review procedures, or suggest that the village collective exercise the right to apply for subrogation.
Article 16 Application for reconsideration by the owners committee (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If the owners' committee believes that the administrative actions taken by the administrative agencies infringe upon the common interests of the owners, it may apply for administrative reconsideration in its own name. If the owners' committee does not apply for administrative reconsideration or has not established an owners' committee, owners whose exclusive parts account for more than half of the total area of the building or more than half of the total number of households may apply for administrative reconsideration in their own names.
[Lawyer’s Interpretation]
This article is a newly added article that brings the administrative reconsideration rights of owners committees and owners into the scope of legal protection and is closely related to urban property management. 1. The right of independent application of the property owners committee: The property owners committee can apply for administrative reconsideration in its own name for administrative actions that infringe upon the common interests of the owners (such as illegal approval of community reconstruction planning, illegal identification of property service enterprises, etc.). 2. Owners’ right to apply for subrogation: If the property owners’ committee does not apply or has not established a property owners’ committee, more than half of the owners (calculated by area or number of households, one of which is sufficient) can apply for administrative reconsideration in their own name. Practical Tips: For administrative actions involving the property management area (such as the urban management’s identification of illegal buildings in the community, the environmental protection department’s approval of projects surrounding the community, etc.), the property owners committee or the owner can invoke this article to proactively initiate the administrative reconsideration process, and does not have to passively wait for administrative litigation.
Article 17 Representative system
【Old Law (2007)】
If there are more than 5 applicants for the same administrative review case, 1 to 5 representatives will be selected to participate in the administrative review.
【New Law (2026)】
If there are more than 10 applicants for the same administrative review case, 2 to 5 representatives will be selected to participate in the administrative review. To elect a representative, applicants shall submit a recommendation letter signed, stamped, or fingerprinted by all applicants to the administrative review authority. If there are more than 10 third parties, representatives may be elected in accordance with the provisions of the preceding two paragraphs.
[Lawyer’s Interpretation]
This article has been revised and improved the representative system. The main changes are as follows: 1. Raise the threshold for starting: from "more than 5 people" to "more than 10 people". This means that in principle, for group cases involving less than 10 people, all applicants must participate in the review in person, and only representatives with more than 10 people need to be elected. This adjustment simplifies the organization costs of small group cases. 2. Fixed number of representatives: Regardless of the size of the case, the number of representatives is fixed at 2 to 5 (the old law stipulated 1 to 5). This modification solves the problem under the old law that "only electing one representative" may lead to excessive concentration of representation power. 3. A new recommendation letter system: All applicants must sign, seal or fingerprint to confirm the recommendation letter, which enhances the democracy and traceability of the selection of representatives. 4. Extension to third parties: If there are more than 10 third parties, the representative system shall apply. Practical Tips: When representing a group of administrative review cases (such as involving multiple households of residents of the same land expropriation), lawyers should pay attention to the formal requirements of the recommendation letter. The recommendation letter should completely state the basic information of all applicants, selection matters, representative authority and signatures (or seals/fingerprints) of all applicants, so as to avoid defects in the recommendation letter from affecting the legal status of the representatives.
Article 18 Scope of agency and restrictions on the respondent’s agency
【Old Law (2007)】
Applicants and third parties can entrust 1 to 2 agents to participate in the administrative review. If the applicant or a third party entrusts an agent, a power of attorney shall be submitted to the administrative review agency. The power of attorney shall specify the entrusted matters, authority and time limit. If citizens are unable to entrust them in writing under special circumstances, they may entrust them orally. If the request is made verbally, the administrative review agency shall verify and record it in the file. If the applicant or third party terminates or changes the entrustment, it shall report to the administrative review agency in writing.
【New Law (2026)】
Other agents specified in Paragraph 1 of Article 17 of the Administrative Reconsideration Law include close relatives and staff of the applicant or a third party. The respondent shall designate 1 to 2 staff members as agents to participate in the administrative review, and shall not only entrust a lawyer to serve as the agent.
[Lawyer’s Interpretation]
This article has been significantly revised, and mainly adds two aspects: 1. Clarify the scope of "other agents": close relatives and staff of the applicant or a third party can participate in administrative reconsideration as "other agents". 2. Creation of restrictions on the respondent’s representation (key points): Paragraph 2 of Article 18 of the New Regulations newly stipulates that “the respondent shall designate 1 to 2 staff members as agents to participate in the administrative review, and shall not only appoint a lawyer to serve as the agent.” This provision has important practical significance - it explicitly prohibits the respondent (usually an administrative agency) from merely entrusting a lawyer to appear in court/participate in reconsideration, but must send a staff member of the agency as its attorney. The legislative background of this provision is: in the practice of the old law, some administrative agencies tended to entrust lawyers to represent them throughout the process, making it difficult for administrative review personnel to communicate directly with the administrative agencies, which affected the possibility of ascertaining the facts of the case and mediating. The new regulations mandate that administrative agencies send personnel to participate, which reflects the nature of administrative review as an internal hierarchical supervision mechanism. Practical Tip: When representing an applicant in an administrative review, a lawyer may invoke this article to require the respondent to send personnel to participate. If the respondent only entrusts a lawyer to represent him, the applicant can report this to the administrative review agency and request the respondent to dispatch personnel in accordance with the law. This has positive significance in promoting the substantive resolution of the case.
Article 19 Application for legal aid (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If an administrative review applicant who meets the conditions for legal aid applies for legal aid, he or she shall apply to the legal aid agency where the administrative review agency is located or where the administrative dispute occurs.
[Lawyer’s Interpretation]
This article is newly added and clarifies the application path for legal aid in administrative review cases. Legal aid is applicable to citizens with financial difficulties and special groups (such as disabled people, the elderly, minors, women, etc.). This article stipulates that applicants may apply for legal aid from the legal aid institution where the administrative review agency is located or where the administrative dispute occurs, providing a clear legal basis for parties with financial difficulties to obtain professional legal help. Practical Tips: When representing a client with financial difficulties in an administrative review case, a lawyer should proactively inform the client of his or her right to apply for legal aid and assist him or her in applying to a legal aid agency with jurisdiction. If the legal aid agency refuses to provide assistance, it can appeal to the higher judicial administrative agency.
Article 20 Co-respondent
【Old Law (2007)】
If a citizen, legal person or other organization is dissatisfied with a specific administrative act of an administrative agency and applies for administrative reconsideration in accordance with the provisions of the Administrative Reconsideration Law and these Regulations, the administrative agency that made the specific administrative act shall be the respondent. If an administrative agency and an organization authorized by laws and regulations perform specific administrative acts in a common name, the administrative agency and the organization authorized by laws and regulations shall be joint respondents. If an administrative agency and other organizations perform specific administrative acts in a common name, the administrative agency shall be the respondent.
【New Law (2026)】
If an administrative agency and an organization authorized by laws, regulations, or rules perform the same administrative act in a common name, the administrative agency that jointly performs the administrative act and the organization authorized by laws, regulations, or rules shall be joint respondents. If an administrative agency and other organizations perform the same administrative act in a common name, the administrative agency shall be the respondent, and other organizations may participate in the administrative review as a third party.
[Lawyer’s Interpretation]
There are two major changes in the revision of this article: 1. The scope of authorization is expanded to "authorized by regulations": the "Old Regulations" only stipulated that "organizations authorized by laws and regulations" can be co-respondents, while the "New Regulations" include "organizations authorized by regulations" into the scope of joint respondents. This means that when an administrative action is jointly made by an administrative agency and an organization authorized by regulations, both are the respondents, which expands the scope of the respondents. 2. Clarify the third-party status of other organizations: The "Old Regulations" stipulate that "if an administrative agency and other organizations make specific administrative actions in a common name, the administrative agency shall be the respondent." However, it does not provide for how other organizations can participate in the review. The "New Regulations" clarify that "other organizations can participate in administrative reconsideration as a third party", providing a clear basis for other organizations to participate in the process. Practical Tip: When identifying the respondent, lawyers should pay attention to verifying the authorization basis of the joint actors. If it includes organizations authorized by regulations, they should be listed as co-respondents. If the relevant organization does not have the authorization of laws, regulations, and rules, it can only list the administrative agency as the respondent, and the relevant social organization can apply to participate as a third party.
Article 21: The ultra vires institution is determined by the applicant
【Old Law (2007)】
If a dispatched agency, internal agency or other organization established by an administrative agency performs specific administrative actions in its own name without authorization from laws and regulations, the administrative agency shall be the respondent.
【New Law (2026)】
If a dispatched agency, internal agency, or other organization established by an administrative agency performs administrative acts in its own name without authorization from laws, regulations, or rules, the administrative agency shall be the respondent.
[Lawyer’s Interpretation]
This article only extends the scope of authorization basis from "authorization by laws and regulations" to "authorization by laws, regulations and rules", which is consistent with the revision direction of Article 20. The background of this modification is that in recent years, departmental regulations have authorized dispatched agencies and internal agencies to carry out administrative actions independently (such as market supervision offices, urban management law enforcement squadrons, etc.). If these agencies exceed the scope of authorization and act in their own names, the respondent should be the administrative agency to which they belong. Practical Tips: When lawyers encounter administrative actions taken by dispatched agencies or internal agencies beyond their authority in practice, they should examine whether the agency has the corresponding authorization from laws, regulations or rules. If the authorization is exceeded, the corresponding administrative agency shall apply for administrative reconsideration on behalf of the respondent.
Article 22: Organization authorized by regulations to be the respondent (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If an organization authorized by laws, regulations, or rules takes administrative actions based on the authorization, the organization shall be the respondent.
[Lawyer’s Interpretation]
This article is a newly added article that integrates the scattered rules for identification of authorized organizations as respondents in the old regulations, and clearly includes "organizations authorized by regulations" as subjects that can independently serve as respondents. Under the old legal system, the provisions authorizing organizations to serve as respondents were scattered in many places. Article 22 of the "New Regulations" unifies them: as long as the organization performs administrative actions based on the authorization of laws, regulations or rules, it can independently be the respondent regardless of the level of the authorization source. Practical Tip: When lawyers encounter administrative actions taken by authorized organizations (such as universities, scientific research institutions, industry associations, etc.) in practice, they should first confirm the source of authorization (laws/regulations/rules), and then use the authorized organization to apply for administrative review on behalf of the respondent.
Section 3 Submission of application
This section regulates the filing method, time limit calculation and jurisdiction rules for administrative reconsideration applications. The core changes include: new rules for calculating the time limit for electronic delivery, specifications for Internet application channels, pre-examination of disputes involving government information disclosure, and jurisdiction levels of internal agencies authorized by regulations.
Article 23 Calculation of application deadline
【Old Law (2007)】
The calculation of the time limit for administrative reconsideration application stipulated in Paragraph 1 of Article 9 of the Administrative Reconsideration Law shall be handled in accordance with the following provisions: (1) If a specific administrative action is taken on the spot, the calculation shall be from the date when the specific administrative action is taken; (2) The legal document specifying the specific administrative action shall be served directly (3) If a legal document stating a specific administrative act is delivered by mail, it will be calculated from the date the recipient signs the mail receipt form; if there is no mail receipt form, it will be calculated from the date the recipient signs the delivery receipt; (3) 4) If a specific administrative action is notified to the recipient through an announcement in accordance with the law, the calculation will start from the date of expiration of the time limit stipulated in the announcement; (5) If the administrative agency does not notify citizens, legal persons or other organizations when making specific administrative actions, and makes supplementary notifications afterwards, the calculation will start from the date when the citizen, legal person or other organization receives the notice of supplementary notification from the administrative agency; (6) If the respondent can prove that the citizen, legal person or other organization knows the specific administrative action, the calculation will start from the date when the evidence materials prove that it knows or should know the specific administrative action. If an administrative agency performs a specific administrative act and is required by law to serve legal documents to the relevant citizens, legal persons or other organizations but fails to do so, it shall be deemed that the citizen, legal person or other organization does not know about the specific administrative act.
【New Law (2026)】
The calculation of the time limit for administrative reconsideration application stipulated in Paragraph 1 of Article 20 of the Administrative Reconsideration Law shall be handled in accordance with the following provisions: (1) If the administrative action is taken on the spot, it shall be calculated from the date when the administrative action is taken; (2) If the legal document stating the administrative action is delivered directly, it shall be signed by the person to whom it is delivered. or refuses to sign for receipt; (3) If a legal document stating an administrative act is delivered by mail, it shall be calculated from the date the recipient signs for receipt on the mail receipt; if there is no mail receipt receipt, the calculation shall be calculated from the date the recipient signs on the delivery receipt or the date the recipient is recorded by the postal agency. The calculation shall be calculated from the date of signature; (4) If the legal document stating the administrative action is delivered electronically, the calculation shall be calculated from the date the legal document reaches the specific system designated by the recipient, unless otherwise provided by laws and administrative regulations; (5) The administrative action shall be notified to the recipient in the form of an announcement in accordance with the law. (6) If the administrative agency fails to notify citizens, legal persons or other organizations when taking administrative actions, and then makes supplementary notifications afterwards, the calculation shall start from the date when the citizen, legal person or other organization receives the notice of supplementary notification from the administrative agency. If the respondent can prove that a citizen, legal person or other organization knows or should know about the administrative act, the time shall be calculated from the date when the evidence proves that the citizen, legal person or other organization knows or should know about the administrative act.
[Lawyer’s Interpretation]
This article is one of the provisions with the most prominent practical significance in this revision. Three important new time limit calculation rules have been added: 1. Electronic delivery time limit calculation rules (new item 4): If a legal document stating an administrative action is delivered by electronic means (such as email, government affairs platform push, etc.), the application time limit will be calculated from the date the legal document reaches the specific system designated by the recipient. This provision fills the legislative gap in the calculation of delivery deadlines in the digital government era. 2. The time limit for refusal to sign for receipt shall be calculated from the date of refusal (modification of item 2): In the case of direct delivery, if the recipient "refuses to sign for receipt", the time limit shall be calculated from the date of refusal to sign for receipt, not only from the date of signing for receipt. 3. Postal retention records (modification No. 3): If the mail is delivered without a signature receipt, "the date of receipt signed by the recipient recorded by the postal agency" is added as the starting point of the period, which solves the practical problem of being unable to determine the date of receipt without a signature receipt. The stipulation in paragraph 2 of the old article that "non-delivery is deemed to be unknown" has been deleted - the function of this rule has been covered by the "respondent's certification" rule in paragraph 6 of the new article. Practical Tip: When calculating the application deadline, lawyers should pay special attention to electronic service. If the administrative agency delivers the document via email, government affairs platform, etc., the time of arrival should be recorded to avoid losing the right to review due to missed deadlines. For mail delivery, it is recommended to keep the proof of mailing and delivery receipt for the purpose of calculating the time limit.
Article 24 Deadline for application for performance of statutory duties
【Old Law (2007)】
If a citizen, legal person or other organization applies to an administrative agency to perform its statutory duties in accordance with the provisions of Article 6, Items (8), (9) and (10) of the Administrative Reconsideration Law, but the administrative agency fails to perform, the time limit for applying for administrative reconsideration shall be calculated in accordance with the following provisions: (1) If there is a time limit for performance, it shall be calculated from the date of expiration of the time limit for performance; (2) If there is no time limit for performance, it shall be calculated from the 60th day after the administrative organ receives the application. If a citizen, legal person or other organization requests an administrative agency to perform its statutory duty to protect personal rights or property rights in an emergency, but the administrative agency fails to perform, the time limit for administrative reconsideration application shall not be limited by the preceding paragraph.
【New Law (2026)】
If a citizen, legal person or other organization applies to an administrative agency to perform its statutory duties in accordance with the provisions of Article 11, Item 3, Item 11, and Item 12 of the Administrative Reconsideration Law, but the administrative agency fails to perform, the time limit for applying for administrative review shall be calculated in accordance with the following provisions: (1) If there is a time limit for performance, it shall be calculated from the date of expiration of the time limit for performance; (2) If there is no time limit for performance, it shall be calculated from 60 days after the administrative organ receives the application. If a citizen, legal person or other organization requests an administrative agency to perform its statutory duty to protect personal rights or property rights in an emergency, but the administrative agency fails to perform, the time limit for administrative reconsideration application shall not be limited by the preceding paragraph.
[Lawyer’s Interpretation]
This article only responds to the adjustment of the article serial number of the new "Administrative Review Law" (Article 6 is changed to Article 11, Item 3, 11, and 12). The calculation rules for the application time limit completely follow the old rules: 1. Time limit for performance: calculated from the date of expiration of the time limit; 2. Time limit for non-performance: calculated from 60 days after the administrative agency receives the application; 3. Emergency: not subject to the above time limit. Practical Tip: For cases of administrative inaction with no performance period, it is recommended that when representing corporate clients, lawyers should first submit a written application for performance of duties to the administrative agency (keep the receipt certificate), and then calculate the review application period from the day after the administrative agency receives the application 60 days later. If the situation is urgent, you can directly apply for administrative review without being subject to the 60-day limit.
Article 26 Deduction of time limit not notified before reconsideration (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If the administrative agency fails to notify citizens, legal persons or other organizations to first apply for administrative reconsideration to the administrative review authority in accordance with Article 23 of the Administrative Reconsideration Law, and citizens, legal persons or other organizations directly file an administrative lawsuit with the People's Court without administrative review, the period from the date when the citizen, legal person or other organization files an administrative lawsuit to the date when the People's Court's ruling rejecting the lawsuit is served shall not be included in the administrative review application period.
[Lawyer’s Interpretation]
This article is newly added and solves a long-standing problem that has troubled practice - in pre-reconsideration cases, if the administrative agency fails to fulfill its notification obligation and the party concerned initiates a lawsuit and is dismissed, how to calculate the time limit for review application. According to Article 23 of the new Administrative Reconsideration Law, some cases are subject to preemptive review (such as government information disclosure cases, cases involving natural resource ownership, etc.). If the administrative agency does not inform the party that he must first apply for administrative reconsideration, and the party directly files a lawsuit with the court without knowing it, and the court dismisses the lawsuit on the grounds of "without review," when the party applies for administrative reconsideration again, the time limit for application for reconsideration has often expired. This article clarifies that the period from the dismissal of the lawsuit to the date of service of the rejection ruling will not be included in the time limit for reconsideration application, thus protecting the parties’ right to relief. Practical Tips: When lawyers encounter pre-consideration cases in practice, they should first verify whether the administrative agency has notified the pre-consideration requirements. If the administrative agency fails to inform, resulting in the party's lawsuit being dismissed, this article should be invoked to apply for deduction of the corresponding time limit to ensure that the reconsideration application does not become time-barred due to procedural errors.
Article 28 Internet application and receipt time (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If the applicant applies for administrative reconsideration through the Internet channel designated by the administrative reconsideration authority, the date when the administrative review application materials arrive at the specific system shall be the date when the administrative reconsideration authority receives the administrative reconsideration application. If the application materials submitted by the applicant through Internet channels meet statutory requirements, the administrative review authority shall not require additional paper materials.
[Lawyer’s Interpretation]
This article is newly added and clarifies the receipt time and material submission rules for applications for administrative reconsideration through Internet channels. 1. Determination of receipt time: Applicants submit application materials through the Internet channel designated by the administrative review agency. The date the materials arrive at the specific system is deemed to be the date the application is received by the administrative review agency. It will no longer be based on the actual opening, downloading or confirmation by the administrative agency. 2. Repeated requests for paper materials are prohibited: If the electronic materials submitted by the applicant meet the statutory requirements, the administrative review authority shall not require additional paper materials. These two provisions jointly build the legal basic framework for online reconsideration and echo the information platform provisions in Article 8. Practical Tips: When submitting an application for administrative review through Internet channels, lawyers should pay attention to the following matters: (1) Use the official channel (not a third-party platform) designated by the administrative review authority; (2) Ensure that the format, signature, etc. of the electronic materials meet legal requirements; (3) Keep a record of the successful submission and arrival time; (4) If required to provide additional paper materials, this article can be cited to refuse.
Article 29 Handling of mis-listed respondent
【Old Law (2007)】
If the applicant lists the wrong respondent when applying for administrative review, the administrative review agency shall notify the applicant to change the respondent.
【New Law (2026)】
If the applicant lists the wrong respondent when applying for administrative review, the administrative review agency shall notify the applicant to change the respondent. If the applicant does not agree to the change or the listed respondent still does not meet the regulations after the change, the administrative review authority will decide not to accept the application and explain the reasons.
[Lawyer’s Interpretation]
On the basis of the original change notification rules, this article adds new rules for inadmissibility in cases of refusal to change or unqualified changes. Article 22 of the "Old Regulations" only stipulates that "changes should be notified", but does not stipulate the disposition after the change. Article 29 of the "New Regulations" clarifies: (1) If the applicant does not agree to the change, the administrative review agency decides not to accept the application; (2) If the respondent still does not meet the requirements after the change (for example, the administrative agency does not have the qualifications to be the respondent for review), the application will also be rejected. Practical Tip: When filing an application for administrative review, lawyers should pay special attention to the accuracy of the respondent. Before submitting an application, you should carefully verify the name of the agency that takes the administrative action, organizational code, affiliation, etc., to avoid being inadmissible due to mislisting of the respondent. The basis for verification includes: the authority stamped on the administrative action decision, the administrative agency’s three-determination plan, the list of powers and responsibilities, etc.
Article 30 Definition of “failure to perform statutory duties” (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The administrative agency's failure to perform statutory duties as stipulated in Article 23, Paragraph 1, Item 3 of the Administrative Reconsideration Law refers to the applicant's application to the administrative agency to perform the corresponding statutory duties, and the administrative agency fails to accept the application within the statutory time limit, fails to respond after acceptance, or fails to perform the corresponding statutory duties as stipulated in Article 11, Item 3, 11, 12, and 14 of the Administrative Reconsideration Law. If the administrative agency clearly replies that it will not accept the application, expressly refuses to perform, or does not perform completely, it does not fall into the failure of the administrative agency to perform its statutory duties as stipulated in Article 23, Paragraph 1, Item 3 of the Administrative Reconsideration Law.
[Lawyer’s Interpretation]
This article is a newly added article that provides a statutory definition of "failure to perform statutory duties" in the Administrative Reconsideration Law. It is one of the most controversial and most practical provisions in this revision. 1. Clarify the connotation of "failure to perform": This article clarifies that "failure to perform statutory duties" refers to the following situations: (1) Failure to accept an application within the statutory time limit; (2) Failure to respond after acceptance; (3) Failure to perform corresponding statutory duties. 2. Important restrictive interpretation (key points): Paragraph 2 of this article clarifies that "the administrative agency clearly replies that it will not accept the application, expressly refuses to perform, or does not fully perform" does not fall into the category of "failure to perform statutory duties." This means: (1) If the administrative agency clearly replies that it will not accept the application, the party concerned should apply for administrative reconsideration of the "reply" itself, rather than claiming "failure to perform"; (2) If the administrative agency expressly refuses to perform, the party concerned should apply for administrative reconsideration of the "act of refusal"; (3) If the administrative agency does not fully perform (such as partial performance), the party concerned should apply for administrative reconsideration of the "act of incomplete performance". This interpretation is consistent with the judicial opinion of the Supreme People's Court, that is, the "inaction" prefixed to reconsideration should be understood in a narrow sense - only procedural "inaction" (non-acceptance, failure to respond) is applicable to the prefixed review. Expressed "rejection" or "incomplete performance" should be regarded as a positive administrative act, and the parties can directly apply for administrative review. Practical Tip: When representing a case involving administrative omission, a lawyer should first determine whether the administrative agency's behavior is "procedural omission" or "express refusal/incomplete performance." If it is the former, you should apply for administrative reconsideration directly after meeting the time limit conditions; if it is the latter, you should apply for administrative reconsideration within 60 days after receiving the notice of refusal or incomplete performance. It is important not to confuse the relief paths for the two types of behavior.
Article 31 Pre-examination of disputes involving government information disclosure (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If the administrative agency believes that the government information applied for disclosure falls under the circumstances specified in Articles 14, 15, and 16 of the "Regulations of the People's Republic of China on Disclosure of Government Information" and is dissatisfied with the decision not to disclose all or part of it, it must first apply for administrative review to the administrative review agency in accordance with the provisions of Article 23 of the Administrative Review Law. If it is dissatisfied with the administrative review decision, it may file an administrative lawsuit with the People's Court in accordance with the law.
[Lawyer’s Interpretation]
This article is a newly added article that brings government information disclosure disputes involving state secrets, commercial secrets, and personal privacy into the scope of review. According to Article 14 (State Secrets), Article 15 (Business Secrets, Personal Privacy), and Article 16 (Situations not to be disclosed under laws and administrative regulations) of the Regulations of the People's Republic of China on Government Information Disclosure, administrative agencies may decide not to disclose all or part of government information. If you are dissatisfied with such a decision not to be made public, you must first apply for administrative reconsideration. If you are dissatisfied with the reconsideration decision, you can file an administrative lawsuit. This provision is consistent with Article 51 of the Regulations on Disclosure of Government Information, but clarifies the specific scope of application of the precondition for reconsideration. Practical Tips: When corporate clients apply for government information disclosure, if they receive a decision not to disclose it, they should note that the case must first apply for administrative review and cannot directly file a lawsuit in court. If the reconsideration decision upholds the non-disclosure, the company can then file a lawsuit in court. In addition, when companies apply for government information disclosure, they should fully explain the relevance of the information applied for to their own production, operations, or rights protection, so as to increase the likelihood of being approved for disclosure.
Article 33 Jurisdiction over the administrative actions of internal agencies authorized by regulations (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If you are dissatisfied with the administrative actions made in your own name by an internal agency established by an administrative agency authorized by laws, regulations, and rules, you may apply for administrative reconsideration to the administrative agency that established the agency; if the administrative agency does not have administrative reconsideration responsibilities, you may apply for administrative reconsideration to the administrative reconsideration agency that has jurisdiction over the administrative agency.
[Lawyer’s Interpretation]
This article is newly added and clarifies the administrative review jurisdiction rules for administrative actions of internal agencies authorized by regulations. 1. Basic jurisdiction rules: Apply for administrative reconsideration to the administrative agency that established the internal agency. For example, if you are dissatisfied with the administrative actions taken in your own name by the market supervision office within the market supervision bureau (authorized by regulations), you should apply to the market supervision bureau for administrative reconsideration, not to the market supervision office. 2. Exception rule: If the administrative agency that establishes the internal agency does not have the administrative reconsideration responsibility itself (for example, the competent administrative agency of some dispatched agencies is not within its jurisdiction), it shall apply for administrative reconsideration to the administrative reconsideration agency that has jurisdiction over the administrative agency. Practical Tips: When lawyers encounter administrative actions authorized by regulations to be taken by internal agencies in practice, they should pay attention to determining the jurisdictional level. If the administrative agency that established the institution has the responsibility for review, you should apply to it; if it does not, you should apply to the higher-level review agency with jurisdiction to avoid inadmissibility due to jurisdictional errors.
Chapter 3 Acceptance of Administrative Reconsideration (Articles 34 to 38)
There are 5 articles in this chapter, which are significantly simplified compared to the "Old Regulations" - the original Articles 28 to 31 (procedural provisions such as acceptance conditions, corrections, competition, and supervision of acceptance) are deleted, and 3 important procedural rules are added (identification of interests, five types of non-acceptance situations, reasons for rejection after acceptance, and self-correction of errors by the penalty authority). The core change is to clarify the criteria for identifying interests, centrally delineate five categories of statutory inadmissibility, and add new circumstances for rejection after acceptance.
Article 34 Principles of acceptance
【Old Law (2007)】
Citizens, legal persons or other organizations that believe that specific administrative actions of administrative agencies infringe upon their legitimate rights and interests file an application for administrative review. Unless the application conditions are not met in the Administrative Review Law and these Regulations, the administrative review agency must accept the application.
【New Law (2026)】
Citizens, legal persons or other organizations that believe that the administrative actions of administrative agencies infringe upon their legitimate rights and interests file an application for administrative review. Unless the application does not meet the acceptance conditions stipulated in the Administrative Review Law and these Regulations, the administrative review agency must accept the application.
[Lawyer’s Interpretation]
This article is a textual modification. "Specific administrative actions" are unified to "administrative actions", and "application conditions" are adjusted to "acceptance conditions" to make the terminology more accurate. There are no substantial changes to the acceptance rules. Practical Tips: “Must be accepted” is the basic principle for accepting administrative reconsideration cases. If the administrative review authority refuses to accept the application without justifiable reasons, the applicant may appeal to the higher-level administrative review authority or file an administrative lawsuit with the People's Court.
Article 35 Standards for identification of interests (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Article 30, Paragraph 1, Item 2 of the Administrative Reconsideration Law stipulates that the applicant has an interest in the administrative act subject to administrative review, including the following situations: (1) The administrative act involves the applicant's neighboring rights; (2) The administrative act affects the applicant's fair participation in competition; (3) The cancellation or change of the administrative act infringes upon the applicant's legitimate rights and interests; (4) The applicant applies to the administrative agency with handling responsibility to investigate and deal with the illegal act in order to safeguard its own legitimate rights and interests, and the administrative agency makes or fails to deal with it; (5) Other situations that have an interest in the administrative act.
[Lawyer’s Interpretation]
This article is a newly added article that clarifies the criteria for identifying “stakes” in administrative reconsideration in the form of enumeration, and unifies the case-filing standards of various local reconsideration agencies. 1. Neighboring rights: If the administrative action involves the lighting, ventilation, drainage, traffic and other rights and interests of the applicant's adjacent real estate, there is an interest. 2. Right to fair competition: Administrative actions that affect the fairness of the applicant’s participation in market competition (such as illegally granting franchise rights, illegally approving competitors’ market access, etc.) have a stake. 3. Impact of revoking changes: If revoking or changing an administrative act will infringe upon the legitimate rights and interests of the applicant, there is a stake. For example, the withdrawal of planning permission may affect the ownership interests of surrounding existing buildings. 4. Application for investigation and punishment: The applicant applies to the administrative agency for investigation and punishment of illegal acts. If the administrative agency makes or fails to handle the violation, the applicant has an interest in the outcome of the investigation and punishment. This provision is conducive to protecting the rights of citizens and legal persons to proactively supervise administrative violations. 5. Cover terms. Practical Tips: When a lawyer is representing a case, if the administrative review authority questions the applicant's qualifications, he or she may invoke this article to demonstrate the existence of an interest between the client and the administrative act being sued. In particular, for claims involving neighboring rights and fair competition rights, sufficient evidence should be collected and submitted.
Article 36 Five categories of statutory inadmissibility (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If a citizen, legal person or other organization applies for administrative reconsideration on the following matters, the administrative reconsideration authority will not accept the application: (1) The handling of criminal cases and the execution of penalties by public security, national security, penalty execution and other agencies; (2) Administrative guidance actions implemented by administrative agencies; (3) Administrative agencies Process behaviors such as argumentation, requesting instructions, and consultation for the purpose of making administrative actions; (4) Supervision of law enforcement by superior administrative agencies on lower-level administrative agencies, and supervision of performance of responsibilities; (5) Registration, acceptance, assignment, transfer, review, and review of petition matters by administrative agencies.
[Lawyer’s Interpretation]
This article is a newly added article that centrally delimits the scope of five types of statutory inadmissibility for reconsideration. This is the clearest demarcation of the boundaries of the scope of cases accepted in this revision. 1. Criminal judicial behavior: The behavior of public security and national security organs in handling criminal cases and the execution of penalties fall within the scope of criminal justice and are not subject to administrative review, which reflects the boundary between administrative review and criminal justice. 2. Administrative guidance: Administrative guidance is advice and guidance provided by administrative agencies based on the voluntariness of the parties. It is not mandatory and does not fall within the scope of administrative review. However, if the administrative guidance actually produces a coercive effect, the party concerned may claim that it has been converted into administrative action and apply for reconsideration. 3. Process behavior: Process behavior such as argumentation, request for instructions, and consultation has not yet formed a final administrative decision, does not directly produce legal effect to the outside world, and does not fall within the scope of administrative review. However, if the process behavior has substantially affected the rights and interests of the parties involved (such as a higher-level agency’s response to a lower-level request for instructions), it can be applied for review as an administrative act. 4. Law enforcement supervision: Supervision by superior agencies of subordinates and supervision of performance of responsibilities, etc., belong to internal level supervision, do not directly change external legal relationships, and do not fall within the scope of administrative review. 5. Complaint handling activities: Complaint registration, acceptance, assignment, transfer, review, reexamination, etc. are all complaints processing procedures and do not fall within the scope of administrative review. Practical Tip: When representing a case, a lawyer should first determine whether the matter in dispute falls within the above five categories of exclusions. If there is a dispute, it is recommended to conduct sufficient reasoning to demonstrate that the accused behavior does not meet the above-mentioned exclusionary conditions.
Article 37 Rejection and repeated applications after acceptance (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If an administrative review application falls under any of the following circumstances, and the administrative review authority has accepted it, it shall decide to reject the administrative review application: (1) The administrative review request obviously lacks factual and legal basis, and the applicant still insists on applying for administrative review after explanation; (2) The legal duties or payment obligations requested by the applicant obviously do not fall within the scope of the administrative authority; (3) The legal effect of the administrative actions involved in the administrative review application submitted by the applicant has been confirmed by the People's Court's effective judgment or mediation letter. If the applicant does not have new facts and reasons and applies for administrative reconsideration again on the same matter, the administrative reconsideration authority will inform the applicant that it will no longer be processed and record it in the record.
[Lawyer’s Interpretation]
This article is a newly added article that clarifies the three types of situations in which administrative review applications are rejected after acceptance, and standardizes the handling rules for repeated applications without new reasons. 1. Rejection situations: (1) The request for reconsideration obviously lacks factual and legal basis, and if it is still insisted upon after explanation: the reconsideration agency is given the power to substantively examine the basis of the applicant's request; (2) The requested matter obviously does not fall within the scope of the administrative agency's authority: such as requiring the administrative agency to perform the payment obligation of judicial power; (3) The legal effect of the accused administrative act has been confirmed by the court's effective judgment: that is, the application of the principle of bis biscuits in administrative reconsideration. 2. Processing of repeated applications: If there are no new facts and reasons, and an administrative review is applied for again on the same matter, the review authority will inform it that it will no longer be processed and will be recorded on the record. Practical Tip: Before filing an application for administrative review, a lawyer should fully evaluate the legality and feasibility of the request. If the review authority provides an explanation, it should take it seriously and consider whether to adjust the request strategy to avoid being rejected due to "obvious lack of basis." For administrative actions that have been confirmed by a court ruling, it is not appropriate to apply for administrative review again.
Article 38 Time limit for correction of errors by the punishing authority (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
After receiving the administrative review application submitted by the applicant in accordance with the provisions of Article 32 of the Administrative Review Law, the administrative agency that makes the administrative penalty decision believes that the administrative penalty decision is illegal or inappropriate and needs to be corrected on its own. It shall correct the decision by revoking or changing the administrative penalty decision within 5 working days from the date of receipt of the administrative review application in accordance with legal procedures, and notify the applicant and the administrative review agency of the relevant situation. After the administrative agency makes corrections on its own, if the applicant still insists on applying for administrative reconsideration of the original administrative penalty decision, the administrative agency shall inform the applicant to apply for administrative reconsideration to the administrative review agency with jurisdiction. The period from the date when the applicant submits an application for administrative reconsideration to the administrative agency to the date when the administrative agency notifies the applicant of the relevant situation will not be included in the administrative review application period.
[Lawyer’s Interpretation]
This article is newly added and sets the time limit and procedural rules for the penalty agency to correct its own mistakes. It is an important efficiency mechanism in the administrative review process. 1. 5 working days error correction time limit: After receiving the application for administrative review, if the administrative agency believes that the penalty decision is illegal or inappropriate, it must correct (cancel or change) it within 5 working days. 2. Procedural requirements: The applicant and the administrative review authority must be notified of the correction situation. 3. The applicant still insists on the review process: If the applicant still insists on applying for administrative review of the original penalty after correcting the error, the administrative agency should inform the applicant to apply to the review agency with jurisdiction. 4. Time limit deduction: From the date the applicant submits the application for reconsideration to the administrative agency to the date the administrative agency notifies the applicant of the relevant situation, the period shall not be included in the application period for administrative reconsideration. Practical Tip: This provision has important practical significance for corporate customers. After receiving an administrative penalty decision, if the enterprise believes that the penalty is illegal or inappropriate, it can directly appeal to the authority that made the penalty decision while applying for reconsideration to the administrative review authority (or instead of applying to the review authority), requesting it to correct itself within 5 working days, so as to quickly resolve the dispute.
Chapter 4 Administrative Reconsideration Trial (Articles 39 to 54)
This chapter has a total of 16 articles, which has significant changes compared with the trial procedure chapter of the "Old Regulations". The procedural provisions of the "Old Regulations" such as suspension, termination, reconciliation, hearings, investigation and evidence collection have been significantly deleted; replaced by brand-new procedural rules such as the upgraded trial system, the respondent's response requirements, the consolidated trial system, the administrative review committee system, and the evidence loss rules. The core change is to strengthen the advisory function of the administrative review committee in major and complex cases, establish an escalation and combined trial mechanism, refine the evidence rules, and reflect the modern transformation of the administrative review process.
Section 1 General Provisions
Article 39 Judges
【Old Law (2007)】
When an administrative review body hears an administrative review case, more than two administrative review personnel shall participate.
【New Law (2026)】
When an administrative review organ hears an administrative review case, more than two administrative review personnel shall participate. If the simplified procedure applies, it may be heard by one administrative reconsideration personnel.
[Lawyer’s Interpretation]
There are two main changes in the revision of this article: 1. The subject of trial is changed from "administrative review agency" to "administrative review agency": it is clarified that the subject of administrative review cases is the administrative review agency itself, not just its internal agencies. 2. Newly added single-person trial under simplified procedures: For cases subject to simplified procedures, one administrative reconsideration officer can be tried alone, which improves the efficiency advantage of simplified procedures. Practical Tips: When lawyers represent simplified procedure cases, they should be aware that the reduction of trial personnel may affect the depth of case trials, but they should still submit evidence and statements comprehensively and fully.
Article 40 Upgrading trial system (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If the superior administrative review authority considers that an administrative review case under the jurisdiction of a lower administrative review authority falls under one of the following circumstances, it may decide to escalate the case for trial: (1) It involves major social public interests or has a major impact; (2) It is a new type of case, and the case is major, difficult, and complex; (3) It has guiding significance for the application of the law; (4) Other circumstances where it is really necessary to escalate the trial. If a lower-level administrative review agency considers that an administrative review case under its jurisdiction meets the circumstances specified in the preceding paragraph and needs to be heard by the higher-level administrative review agency, it may submit the case to the higher-level administrative review agency for a decision. The period for submitting the case to a higher level for review will not be included in the time limit for handling the administrative review case. If the higher-level administrative review agency decides to upgrade the case for trial, it shall notify the lower-level administrative review agency to transfer the case materials within 5 working days and notify the parties in writing. The time limit for administrative reconsideration shall be recalculated from the date when the superior administrative reconsideration authority receives the case materials.
[Lawyer’s Interpretation]
This article is a brand-new creation and establishes a complete system for elevating administrative reconsideration cases. 1. Upgrade situations: (1) Cases involving major social public interests or major impacts; (2) New types of cases with major, difficult, and complex circumstances; (3) Cases with guiding significance for the application of law; (4) Other truly necessary circumstances. 2. Ways of promotion: The higher-level review agency can take the initiative to promote the case; the lower-level review agency can also apply for promotion. The application period is not included in the case handling period. 3. Procedure time limit: After the superior decides to upgrade, the subordinate should transfer the materials within 5 working days. The trial period will be recalculated from the date the superior receives the materials. Practical Tips: When lawyers represent cases involving major public interests, complex new types, or with exemplary significance, they may recommend or apply to the administrative review authority for an upgraded hearing. Upgrading the trial usually means a higher level of trial and stronger decision authority, which may be more beneficial to the parties.
Article 41 Respondent’s request for reply (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
When the respondent submits a written reply, it shall explain the relevant facts and reasons regarding the legality and appropriateness of the administrative action and the applicant's request for administrative reconsideration.
[Lawyer’s Interpretation]
This article is newly added and clarifies the content requirements of the respondent's reply. Compared with the old law, Article 41 of the New Regulations clearly requires that the respondent’s reply must cover three aspects at the same time: (1) Facts and reasons for the legality of the administrative action; (2) Facts and reasons for the appropriateness of the administrative action; (3) Facts and reasons for the applicant’s request for administrative review. This provision echoes the "comprehensive review" principle established in Article 2 and forces the respondent to fully respond to the applicant's doubts. Practical Tip: When reviewing the respondent's response, lawyers can refer to the requirements of this article to review whether the response fully responds to legality and appropriateness issues, and whether it provides sufficient factual and legal basis for the reconsideration request. If there are major omissions in the answer, it can be reported to the administrative review authority.
Article 43 Consolidated trial system (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Administrative reconsideration cases arising from the same administrative act or similar administrative acts may be tried jointly if one of the following circumstances occurs: (1) Two or more administrative agencies have separately made administrative acts on the same fact, and citizens, legal persons or other organizations are dissatisfied and apply for administrative review to the same administrative review agency; (2) The administrative agency has conducted administrative review on the same fact against multiple citizens, Legal persons or other organizations take administrative actions separately, and citizens, legal persons or other organizations are dissatisfied and apply for administrative reconsideration to the same administrative review authority respectively; (3) During the administrative review period, the respondent makes new administrative actions against the applicant, and the applicant is dissatisfied and applies for administrative review to the same administrative review authority; (4) Other situations where the administrative review authority deems it possible to combine the proceedings. For cases that are decided to be tried together, the administrative review authority may combine them and make an administrative review decision.
[Lawyer’s Interpretation]
This article is newly added and establishes a consolidated trial system for administrative review cases, which is an important mechanism to improve the efficiency of administrative review. Four situations for combined hearing: (1) For the same fact, multiple agencies have acted separately, and the parties apply to the same review agency; (2) For the same fact, the same agency has acted separately against multiple parties, and multiple parties have applied to the same review agency respectively; (3) During the review period, the respondent has made new administrative actions, and the applicant has applied for review; (4) Other situations that the review agency believes can be combined. After the combined trials, the reconsideration authority may combine the administrative reconsideration decisions. Practical Tip: When representing administrative review cases involving multiple entities, lawyers can proactively apply to the administrative review authority for consolidated hearing. Combined trials are conducive to unifying the judgment standards, avoiding the situation of different judgments for the same case, and improving the efficiency of case handling.
Article 44 Face-to-face inquiry
【Old Law (2007)】
When administrative reconsideration personnel investigate and collect evidence from relevant organizations and personnel, they may consult, copy, and obtain relevant documents and information, and make inquiries to relevant personnel. When investigating and collecting evidence, the number of administrative review personnel shall be no less than 2, and the certificates shall be presented to the parties or relevant persons. The units and persons under investigation shall cooperate with the administrative reconsideration personnel and shall not refuse or obstruct them. The time spent on on-site inspection will not be included in the administrative review period.
【New Law (2026)】
If the administrative review agency deems it necessary, it may question the parties and other relevant persons face-to-face about the relevant facts of the case.
[Lawyer’s Interpretation]
This amendment simplifies the investigation and evidence collection authority of the administrative review agency. Article 34 of the "Old Regulations" gives administrative review personnel relatively comprehensive powers of investigation and evidence collection (inspecting, copying, retrieving documents and information, and questioning), and requires that there be no less than 2 people during the investigation. Article 44 of the "New Regulations" is significantly restricted, canceling the expression "inspecting, copying, and retrieving relevant documents and information" and retaining only the power of "face-to-face questioning." The restriction of the right to investigate and obtain evidence is one of the more significant procedural changes in this revision. This change is related to the change in the positioning of "external supervision" of administrative reconsideration - administrative reconsideration is a way to remedy the rights of the counterparty, and the necessity for the review agency to conduct in-depth investigations on behalf of the counterparty has been weakened. Reconsideration trials focus more on written examination and listening to statements. Practical Tip: When representing a case, lawyers should pay more attention to the role of written materials in producing evidence and cross-examination. For evidence that needs to be retrieved from the administrative agency, it can be obtained by applying for administrative reconsideration incidental review, applying for information disclosure, etc., rather than relying on the review agency's active investigation.
Article 46 Appraisal Procedure
【Old Law (2007)】
If special matters need to be appraised during the administrative review period, the parties concerned may entrust an appraisal agency to conduct the appraisal on their own, or they may apply to the administrative review agency to entrust an appraisal agency to conduct the appraisal. The appraisal costs shall be borne by the parties involved. The time spent on appraisal is not included in the time limit for administrative reconsideration.
【New Law (2026)】
If special matters need to be appraised during the administrative review period, the parties concerned may apply to the administrative review agency to entrust an appraisal agency to conduct the appraisal. If the administrative reconsideration agency reviews and agrees, the parties will be organized to negotiate to determine an appraisal agency with corresponding qualifications; if the negotiation fails, the administrative reconsideration agency will designate it. The appraisal costs shall be borne by the parties involved. The time spent on appraisal is not included in the time limit for administrative reconsideration.
[Lawyer’s Interpretation]
This revision of this article changes the rules for entrusting appraisals: 1. Cancel the party’s self-entrusted appraisal: The "Old Regulations" allowed parties to "entrust appraisals on their own", while the "New Regulations" only allow "application for review agencies to entrust appraisals", canceling the parties' right to self-entrust. 2. Introduce a negotiation and selection procedure: If you apply for a reconsideration agency to entrust an appraisal, you must first organize the parties to negotiate to determine the appraisal agency; if the negotiation fails, the appraisal agency will be designated by the review agency. 3. The time limit and fees remain unchanged: the time spent on the appraisal will not be included in the trial period, and the appraisal fees will still be borne by the parties. Practical Tips: In cases requiring appraisal (such as project cost appraisal, product quality appraisal, loss assessment, etc.), the parties should prepare an appraisal application as early as possible and prepare a negotiation plan for the selection of the appraisal agency. If the negotiation fails, you should cooperate with the designation of the reconsideration agency and be prepared to bear the appraisal costs.
Article 47 Loss of right to evidence in administrative procedures (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If the respondent has evidence to prove that it has required the applicant or a third party to provide evidence in accordance with the law during the administrative procedure, but the applicant or the third party has not provided evidence without justifiable reasons, the administrative review authority will not accept the evidence provided during the administrative review procedure.
[Lawyer’s Interpretation]
This article is newly added and establishes the rules for the loss of evidence in administrative procedures. The legal logic of this rule is: in administrative procedures, if the administrative agency has required the party to provide evidence in accordance with the law and the party fails to provide it without justifiable reasons, the administrative review agency will not accept the evidence submitted in the subsequent administrative review process. This provision is conducive to maintaining the seriousness and efficiency of administrative procedures and prevents parties from deliberately concealing evidence during the administrative procedures and submitting them only during the reconsideration stage to avoid the review of administrative agencies. Practical Tip: After corporate customers receive a notice from the administrative agency requesting evidence during administrative procedures, they should attach great importance to it and provide all evidence materials on time and as required. If there is indeed a legitimate reason that cannot be provided in the administrative procedure, relevant evidence (such as submission vouchers, proof of objective obstacles, etc.) should be retained in order to claim that there is a legitimate reason in the reconsideration procedure.
Article 48 Self-confessed exemption from mediation (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The parties' approval of the negotiation conditions, plans, etc. during the mediation process shall not be used as evidence against them in the subsequent trial of administrative reconsideration cases.
[Lawyer’s Interpretation]
This article is newly added and establishes the rule of self-exemption from mediation, which is an important guarantee to encourage parties to actively participate in mediation. The core meaning of this rule is that the parties’ recognition of certain conditions and plans during the mediation process shall not be used as evidence against them in subsequent administrative reconsideration trials. This provision eliminates the worries of parties involved in mediation, encourages parties to negotiate candidly, and promotes substantive resolution of disputes. Practical Tips: When participating in administrative reconsideration mediation, lawyers should fully explain the protective rules of this article to the parties, encourage the parties to express their true wishes candidly during the mediation, and do not have to worry about the statements made during the mediation being used to prove that they are not self-interested in the future.
Article 49 Right to review papers
【Old Law (2007)】
The administrative review authority shall provide necessary conditions for applicants and third parties to review relevant materials.
【New Law (2026)】
The administrative review authority shall provide necessary conditions for applicants, third parties and their authorized agents to review and copy relevant materials.
[Lawyer’s Interpretation]
There are two important extensions in the revision of this article: 1. Extended to the principal agent: the principal agent (usually a lawyer) also enjoys the right to review the case and enjoys the same treatment as the client himself. 2. New copy right: Applicants, third parties and authorized agents not only have the right to inspect, but also have the right to copy relevant materials. Practical Tips: When representing administrative review cases, lawyers should actively exercise their right to review and copy files, fully understand the case materials, and prepare for subsequent cross-examination and debate. If the administrative review authority refuses to cooperate, this article can be invoked to claim rights.
Section 3 Administrative Reconsideration Procedures
Article 50 Administrative Review Committee (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The administrative reconsideration committee of the local people's government at or above the county level is composed of relevant departments, experts, scholars, etc. of the people's government at the same level. It may have a director and deputy director, who are served by the person in charge of the people's government at the same level and the administrative reconsideration agency at the same level. Departments under the State Council may establish administrative review committees based on the actual circumstances of administrative review work.
[Lawyer’s Interpretation]
This article is newly added and clarifies the main body and personnel composition of the administrative review committee. The Administrative Review Committee is an important embodiment of the modernization of the administrative review system. Its composition is diversified: representatives of relevant government departments, experts, and scholars participate together, and the work is chaired by a director and deputy director (the head of the government or review agency serves as the director). This system aims to enhance the authority and fairness of administrative review decisions by introducing external professional forces. Practical Tip: When lawyers represent cases involving major public interests or complex legal issues, they can pay attention to whether the case is included in the review process of the Administrative Review Committee. Although the advisory opinion of the Administrative Review Committee is not the final decision, it has important reference value for the final decision of the review authority.
Article 51 Administrative Review Committee Meeting Form (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The Administrative Review Committee performs relevant duties by convening plenary meetings of the Administrative Review Committee and case consultation meetings.
[Lawyer’s Interpretation]
This article is newly added and clarifies the two main meeting forms of the Administrative Review Committee: 1. Plenary meeting of the committee: to discuss and decide on major matters and important cases. 2. Case consultation meeting: Provide professional consultation opinions on specific cases. Practical Tips: Lawyers can pay attention to whether the case is submitted to the committee for consultation, and learn the content of the consultation opinions from the review agency in a timely manner.
Article 52 Attachment of advisory opinions and obligation to reason (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
For administrative reconsideration cases that require the Administrative Reconsideration Committee to issue advisory opinions, when the administrative reconsideration agency reports to the administrative review authority to issue an administrative reconsideration decision, it shall attach the Administrative Reconsideration Committee's advisory opinions and explain the adoption of the Administrative Reconsideration Committee's advisory opinions; if it does not adopt the Administrative Reconsideration Committee's advisory opinions, it shall explain the reasons.
[Lawyer’s Interpretation]
This article is newly created and establishes a system of attachment of advisory opinions and mandatory reasoning. 1. Attached advisory opinion: When issuing a reconsideration decision, the review agency must attach the advisory opinion of the review committee so that the advisory opinion becomes part of the decision file. 2. Mandatory reasoning: The reconsideration agency must explain the adoption of the advisory opinion; if it does not adopt it, it must explain the reasons. This system strengthens the substantive function of the administrative review committee system and avoids "going through the motions" consultation. Practical Tip: After the case is submitted to the Administrative Review Committee for consultation, lawyers can learn about the review body’s adoption of the consultation opinions through information disclosure applications and other channels. If the review agency does not adopt the advisory opinion with sufficient legal basis and fails to explain the reasonable reasons, it can report it to the relevant authorities when necessary.
Article 54 Illegal situations of normative documents (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The normative documents specified in Article 59 of the Administrative Reconsideration Law or the relevant clauses based on them exceed their authority or violate higher-level laws, including the following situations: (1) exceed the statutory authority of the enacting agency or exceed the scope of authorization of laws, regulations, and rules; (2) conflict with laws, regulations, and rules , regulations and other superior laws; (3) Without the basis of laws, regulations and rules, illegally increasing the obligations of citizens, legal persons and other organizations or diminishing the legitimate rights and interests of citizens, legal persons and other organizations; (4) Other violations of laws, regulations and rules.
[Lawyer’s Interpretation]
This article is newly added, listing four typical situations where normative documents are illegal, and providing specific judgment standards for incidental review. 1. Beyond authority: beyond the statutory authority of the enacting agency itself, or beyond the scope of authorization of laws, regulations, and rules. 2. Conflict with superior law: Conflict with the provisions of superior law, including conflict of content, expansion of scope of application, etc. 3. Illegal setting of obligations: There is no legal basis, illegally increasing the obligations of citizens or legal persons or diminishing their rights and interests. 4. Cover terms. Practical Tips: When representing an administrative reconsideration case, if a lawyer discovers that the normative documents on which the accused administrative action is based contain the above-mentioned illegal circumstances, he should promptly file an application for incidental review to safeguard the legitimate rights and interests of the parties involved. A request for incidental review should be made before the reconsideration decision is made.
Chapter 5 Administrative Review Decisions (Articles 55 to 65)
This chapter contains 11 articles in total and is one of the chapters with the most concentrated institutional innovations in this revision. The "New Regulations" delete Articles 50 to 52 of the old Regulations (mediation, prohibition of adverse changes, third-party execution), and add 8 new articles (obviously inappropriate, wrong basis, minor procedural violation, major obvious violation, invalid, administrative agreement adjudication method, compensation decision, rejection of compensation request, reference adjudication of related cases). The core change is to refine the types and judgment standards of administrative review decisions, add special adjudication rules for administrative agreements and administrative compensation, and establish a reference adjudication system for related cases.
Article 55 Determination of obviously inappropriate content (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The inappropriate content specified in Article 63, Paragraph 1, Item 1 of the Administrative Reconsideration Law includes the following situations: (1) Contrary to the purpose of administrative management; (2) Exceeding necessary limits; (3) Unequal treatment of parties in the same situation; (4) Other inappropriate situations.
[Lawyer’s Interpretation]
This article is a newly added article that specifies the standard for administrative review decisions with “obviously inappropriate content”. 1. Violation of the purpose of administrative management: The content of the administrative act is contrary to the legislative purpose or original intention of authorization of the act. 2. Exceeding the necessary limit: The means and intensity of administrative actions exceed the minimum necessary level to achieve the administrative purpose. 3. Unequal treatment: Unequal treatment is given to parties in the same situation, which violates the principle of equality. 4. Cover terms. This provision is basically consistent with the review standard of "obviously inappropriate" in administrative litigation, and reflects the unification of review standards for administrative reconsideration and administrative litigation. Practical Tips: When a lawyer claims that an administrative act is obviously inappropriate, he should focus on demonstrating whether the above three types of circumstances exist. For example, it can be argued that the type and magnitude of administrative penalties are disproportionate to the seriousness of the violation (exceeds the necessary limit), or that administrative agencies impose different penalties on the same situation (unequal treatment).
Article 56 Determination of erroneous application basis (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The incorrect application of the basis specified in Item 2 of Article 63, Paragraph 1 of the Administrative Reconsideration Law includes the following situations: (1) The specific provisions of the basis are incorrectly applied; (2) A basis with a higher legal level should be applied, but a basis with a lower legal level should be applied; (3) Special provisions should be applied, but general provisions should be applied; (4) Multiple basis should be applied, but only part of the basis is applied; (5) The basis is not clearly applied; (6) Other situations where the basis is not applied correctly.
[Lawyer’s Interpretation]
This article is newly added and details six typical situations of "incorrect application of the basis". 1. Wrong application of specific clauses: For example, clause A should be applied but clause B is applied. 2. Wrong legal hierarchy: For example, regulations should be applied instead of regulations, or normative documents should be applied instead of laws. 3. Confusion of special and general rules: if special law should be applied but general law is applied. 4. Application of incomplete basis: If the case involves multiple legal relationships, multiple basis should be applied at the same time, and only part of the basis should be applied. 5. Unclear basis: For example, the administrative decision does not specify the specific legal provisions on which it is based. 6. Cover terms. Practical Tip: When reviewing the legal basis for administrative actions, lawyers should verify the above items one by one. If the administrative decision does not state the legal basis or the basis is incomplete, it can be an important reason to claim that the procedure is illegal.
Article 57 Determination and exceptions based on illegality (new)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The illegal basis for application as stipulated in Item 3 of Article 64, Paragraph 1 of the Administrative Reconsideration Law includes the following situations: (1) The basis for application has not yet taken effect; (2) The basis for application exceeds the authority of the enacting subject; (3) The basis for application violates the provisions of higher-level laws; (4) Other situations where the basis for application is illegal. If the basis for the application of an administrative action is illegal, but there is a legal basis for the application and it complies with the circumstances stipulated in Article 63 of the Administrative Review Law, the administrative review authority may make a change decision.
[Lawyer’s Interpretation]
This article is a new addition, defining the situation where "the applicable basis is illegal" and creating exception rules that can directly change the original behavior. 1. Four types of situations where the basis is illegal: (1) The basis has not yet taken effect (such as the application of regulations that have not yet been implemented); (2) The basis exceeds the authority of the enacting subject (such as departmental regulations exceeding the scope of authorization of the State Council); (3) The basis violates higher-level laws (such as the regulations violate the law); (4) Other situations. 2. Exceptions that can be directly changed: Paragraph 2 of Article 57 of the New Regulations creates an important practical rule - even if the basis for the original administrative act is illegal, if there is a legal basis that can be applied and the conditions for change are met, the review authority can directly change the original act without having to revoke it and order it to be repeated. This provision improves administrative efficiency and reduces procedural idleness. Practical Tip: When representing a case, if a lawyer discovers that there are legality issues with the basis for administrative action, he should also examine whether there is a legal alternative basis. If it exists, paragraph 2 of this article can be invoked to recommend that the review authority make direct changes to avoid the procedural delays caused by cancellation and redoing.
Article 58 Order to repeat
【Old Law (2007)】
If the administrative review organ orders the respondent to re-take a specific administrative action in accordance with the provisions of Article 28 of the Administrative Reconsideration Law, the respondent shall re-take the specific administrative action within the time limit specified by laws, regulations, and rules; if the time limit is not specified in the laws, regulations, and rules, the time limit for re-taking the specific administrative action is 60 days. If a citizen, legal person or other organization is dissatisfied with the specific administrative action taken by the respondent, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.
【New Law (2026)】
If the administrative review organ orders the respondent to re-take administrative action in accordance with the provisions of Article 64, Paragraph 1 of the Administrative Reconsideration Law, the respondent shall re-take administrative action within the time limit specified by laws, regulations, and rules; if the time limit is not specified in laws, regulations, and rules, the time limit for re-taking administrative action shall be 60 days. If a citizen, legal person or other organization is dissatisfied with the administrative action taken by the respondent, he or she may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If an administrative agency violates the provisions of Paragraph 2 of Article 64 of the Administrative Reconsideration Law and re-takes an administrative action that is the same or substantially the same as the original administrative action based on the same facts and reasons, the administrative review agency shall decide to revoke or partially revoke the administrative action and order the respondent to re-take the administrative action within a certain period of time.
[Lawyer’s Interpretation]
This article, on the basis of continuing the old regulation period (60 days), adds a new provision prohibiting "repeating the same behavior with the same facts and reasons." Specifically, after receiving a reconsideration decision ordered by the reconsideration authority to reconsider the decision, the administrative agency must correct the illegality of the original act. If the administrative agency still takes the same or basically the same administrative action again based on the same facts and reasons, the reconsideration authority shall revoke the new action and order it to be repeated again. Practical Tips: After an enterprise receives a reconsideration decision ordering a retake, if the administrative agency again takes the same or basically the same administrative action as the original action, it should apply for administrative reconsideration again after receiving the new action, and invoke this article to request revocation.
Article 59 Determination of minor procedural violations (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The minor procedural violations stipulated in Article 65, Paragraph 1, Item 2 of the Administrative Reconsideration Law include the following situations that have no actual impact on the important procedural rights such as statement and defense enjoyed by the applicant in accordance with the law: (1) minor violations of the processing time limit; (2) minor violations of notification, service and other procedures; (3) other minor procedural violations.
[Lawyer’s Interpretation]
This article is newly added and clarifies the criteria for identifying "minor procedural violations". 1. Conceptual connotation: A minor procedural violation must meet two requirements: (1) It involves important procedural rights such as the applicant’s statement and defense; (2) It has no actual impact on these rights. Typical situations of the second and third categories: (1) Minor violations of the processing deadline: such as making a decision one day beyond the deadline, etc.; (2) Minor violations of notification and delivery: such as irregular signatures on the delivery receipt, etc.; (3) Other situations. This provision is consistent with the "minor procedural violation" standard in the Administrative Litigation Law, and reflects the connection between judicial review and administrative reconsideration review standards. Practical Tips: When lawyers claim procedural violations, they should distinguish between minor procedural violations and serious procedural violations. If the procedural violation does not affect the applicant's substantive rights (such as the right to state and defend), it may only constitute a minor procedural violation, and the effectiveness of the reconsideration decision may not be affected.
Article 60 Determination of serious and obvious violations of law (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The major and obvious violations stipulated in Article 67 of the Administrative Reconsideration Law include the following situations: (1) The subject implementing the administrative act does not have the administrative subject qualifications; (2) The administrative act that increases the obligations or reduces the rights has no basis in laws, regulations, and rules; (3) The content of the administrative act is objectively impossible to implement; (4) Other major and obvious illegal situations.
[Lawyer’s Interpretation]
This article is newly added and enumerates four typical situations in which "major and obvious violations of the law" (administrative acts are invalid) are basically consistent with the "major and obvious violation of laws and regulations is invalid" standard stipulated in Article 75 of the Administrative Litigation Law. 1. Lack of qualifications for administrative subjects: For example, the dispatched agency performs administrative actions in its own name without authorization. 2. No basis: If the administrative action has no legal basis, it is purely arbitrary. 3. Objectively impossible to implement: such as administrative actions with contradictory contents. 4. Cover terms. Practical Tips: When lawyers represent cases involving invalid administrative acts, they should focus on demonstrating whether the acts include the above four categories of circumstances. If it constitutes a serious and obvious violation of law, the party concerned may claim that the administrative action is invalid and is not subject to the time limit for reconsideration application.
Article 61 Rejection of Administrative Review Request
【Old Law (2007)】
In any of the following circumstances, the administrative review authority shall decide to reject the application for administrative review: (1) The applicant believes that the administrative agency has failed to perform its statutory duties and applies for administrative review. After accepting the application, the administrative review authority finds that the administrative agency does not have corresponding statutory duties or has performed its statutory duties before accepting the application; (2) After accepting the application for administrative review, it is found that the administrative review application does not meet the acceptance conditions stipulated in the Administrative Review Law and these Regulations. If the superior administrative agency believes that the reasons for rejecting the administrative review application by the administrative review agency are untenable, it shall order it to resume the trial.
【New Law (2026)】
Under any of the following circumstances, the administrative review authority shall decide to reject the applicant's request for administrative review: (1) The applicant applies for confirmation that the administrative act is invalid, and after accepting the application, the administrative review authority finds that the administrative act is not invalid, and upon explanation, the applicant refuses to change the administrative review request; (2) The applicant believes that the respondent failed to perform his statutory duties and applies for administrative reconsideration. After accepting the application, the administrative review authority finds that the respondent is objectively unable to perform his statutory duties due to legitimate reasons such as force majeure; (3) The administrative act subject to administrative review should be changed in accordance with the law, but the change is more detrimental to the applicant. In the case of item 3 of the preceding paragraph, this shall be excepted if the third party makes a contrary request.
[Lawyer’s Interpretation]
This revision of this article redesigns the circumstances for rejecting a request for reconsideration, changing it from "rejection of application" to "rejection of request", with a more precise meaning. Specifically, three new categories of reasons for rejection are added: 1. The invalidation application is rejected: The applicant claims to confirm that the administrative act is invalid, but the review authority determines that it does not fall into the invalid situation, and it is explained that the applicant refuses the change request, and the request is rejected. 2. Force majeure defense: If the respondent pleads force majeure and other legitimate reasons, and the administrative review agency determines that it is objectively impossible to perform, the request will be rejected. 3. The change is unfavorable to the applicant: If the accused administrative act should be changed in accordance with the law, but if the change is more unfavorable to the applicant, the request shall be rejected. The original reason for rejection of "not meeting the conditions for acceptance" has been deleted. This situation has been specifically provided for in Article 37. Practical Tip: When filing an application for administrative review, lawyers should accurately select the type of request. If the request is confirmed to be invalid but the review authority determines that it is not invalid, you should carefully consider whether to change the request to avoid being rejected.
Article 62 Methods for decision-making on reconsideration of administrative agreements (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
The administrative review authority hears administrative agreement review cases and makes the following decisions based on the circumstances stipulated in Article 71 of the Administrative Review Law: (1) Order the respondent to enter into an administrative agreement in accordance with the law; (2) Order the respondent to perform in accordance with the law or perform obligations in accordance with the administrative agreement; (3) Revoke the respondent's administrative act of changing or rescinding the administrative agreement, or confirm that the administrative act is illegal; (4) Revoke or terminate the administrative agreement; (5) Order the respondent to take remedial measures, compensate for losses, or provide reasonable compensation in accordance with the law.
[Lawyer’s Interpretation]
This article is newly added and is one of the most innovative articles in this revision. It specifically provides for the adjudication method of administrative agreement review cases. Five administrative agreement review decision methods: (1) Order to conclude in accordance with the law: for "non-conclusion" breach of contract; (2) Order to perform in accordance with law/contract: for "non-performance" breach of contract; (3) Cancellation/confirmation of illegal changes and termination of the agreement: for illegal changes and termination of the agreement; (4) Cancellation and cancellation of administrative agreements: for agreements that are legal but no longer meet the conditions for performance; (5) Remedy, compensation or compensation: for situations where losses have been caused. Practical Tip: If a dispute arises after an enterprise signs an administrative agreement (franchise agreement, expropriation compensation agreement, etc.), it should fully invoke the various remedies provided by this article and choose the type of reconsideration request that is most conducive to safeguarding its own rights and interests.
Article 63 Administrative Compensation Review Decision (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
When the administrative review authority hears administrative compensation review cases, if compensation is due and the method of compensation can be determined, an administrative review decision with clear compensation content should be made. If the administrative compensation decision made by an administrative agency determines the amount of compensation that is indeed wrong, the administrative review agency may make a change decision.
[Lawyer’s Interpretation]
This article is newly added and clarifies the adjudication rules for administrative compensation review cases. 1. Clarify the content of compensation: If compensation should be made and the method of compensation can be determined, the review agency should directly clarify the content of compensation in the review decision without having to remand it to the original agency for a new decision. 2. Changing the amount of erroneous compensation: The reconsideration authority may directly change the amount of compensation that is indeed erroneous in the original administrative compensation decision. This provision strengthens the substantive function of administrative review in the resolution of administrative compensation disputes and reduces procedural idling. Practical Tip: When corporate customers suffer from illegal administrative acts and cause losses, they should clearly request administrative compensation in the administrative review application and provide sufficient evidence of losses. If there is an error in the amount of the original administrative compensation decision, you can apply for a change by citing this article.
Article 64 Rejection of Administrative Compensation Requests (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Under any of the following circumstances, the administrative review authority decides to reject the applicant's request for administrative compensation: (1) The damage claimed by the applicant has no factual basis; (2) The damage claimed by the applicant has no causal relationship with the illegal administrative act; (3) The applicant's losses have been relieved through other channels such as administrative compensation; (4) The respondent has corrected the original illegal administrative act on its own and has eliminated the corresponding damage results; (5) There are other circumstances in which the applicant's reasons for requesting administrative compensation cannot be established.
[Lawyer’s Interpretation]
This article is newly added, listing five statutory circumstances for rejecting administrative compensation requests, and unifying the discretionary standards for administrative compensation reconsideration. 1. No factual basis: The applicant failed to provide evidence to prove the existence of damage. 2. No causal relationship: There is no legal causal relationship between the damage and the accused administrative act. 3. Other relief has been obtained: the losses have been compensated through administrative compensation and other channels. 4. Self-correction to eliminate the damage: The respondent has corrected the illegal administrative behavior on its own and eliminated the damage. 5. Reasons are not established: other circumstances in which the reasons for the request are not established. Practical Tips: When applying for administrative compensation, enterprises should pay attention to: (1) comprehensively collecting and preserving evidence of damage; (2) clearly demonstrating the causal relationship between damage and administrative actions; (3) avoiding repeated claims for relief.
Article 65 Referential judgment for related cases (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
After the administrative review authority makes an administrative review decision, if a citizen, legal person or other organization other than the applicant applies for administrative review on the same administrative act or the same administrative act and meets the conditions for acceptance, the administrative review authority may directly make an administrative review decision based on the content of the legally effective administrative review decision after acceptance. The same administrative act specified in the preceding paragraph refers to the administrative act taken by the same administrative agency against multiple parties on the same fact.
[Lawyer’s Interpretation]
This article is a new addition, establishing a "batch adjudication" mechanism for related cases, and is an important institutional innovation to improve the efficiency of administrative review. 1. Applicable premise: the original reconsideration decision has taken effect; a new applicant applies for administrative reconsideration for the same or similar administrative act. 2. Application method: The review authority can directly refer to the content of the original effective review decision and make an administrative review decision without repeated trials. 3. Definition of "same administrative act": Administrative acts taken by the same administrative agency against multiple parties on the same fact. Practical Tip: In group administrative disputes (such as multi-household expropriation and compensation decisions on the same land parcel), if there is an effective review decision, the subsequent applicant's case is expected to be concluded quickly. When representing subsequent cases, lawyers can proactively invoke the effective review decisions of related cases to strive for favorable review results.
Chapter Six Administrative Reconsideration Guidance and Supervision (Articles 66 to 70)
This chapter contains 5 items in total. The "New Regulations" delete the original Articles 53, 54 (Leadership System for Review Work), Article 58 (Periodic Analysis Report), and Article 59 (Recording of Major Decisions), merge "guidance" and "supervision" provisions, and add new content to ensure the performance of administrative review personnel and standardize the construction. The core change is to strengthen hierarchical supervision and establish a statistical analysis and work reporting system.
Article 66 Responsibility system for administrative review work
【Old Law (2007)】
Local people's governments at or above the county level should establish and improve the administrative review work responsibility system and incorporate the administrative review work into the target responsibility system of the government at the same level.
【New Law (2026)】
Local people's governments at or above the county level should establish and improve the administrative review responsibility system, support and ensure that administrative review agencies perform their duties in accordance with the law, and incorporate administrative review work into the target responsibility system of the government at the same level. The administrative reconsideration agencies of local people's governments at or above the county level shall strengthen statistical analysis of administrative reconsideration work and regularly submit administrative reconsideration work reports to the people's governments at the same level.
[Lawyer’s Interpretation]
The revision of this article mainly adds two new aspects: 1. Support and guarantee that the review agency performs its duties in accordance with the law: "support" and "guarantee" the responsibilities of the review agency are written into the article, strengthening the government's logistical support obligations for the review agency. 2. Establish a statistical analysis and work reporting system: The review agency must regularly analyze the review work statistically and submit work reports to the government on a regular basis to make the review work visible and assessable. Practical Tips: Corporate parties can apply for information disclosure to understand the statistical data of administrative reconsideration work in the region (such as the number of reconsideration cases, error correction rate, loss rate, etc.) to provide reference for decision-making on their own cases.
Article 67 Inspection of administrative review work
【Old Law (2007)】
Local people's governments at or above the county level shall, in accordance with their responsibilities and authority, inspect the administrative reconsideration work of their respective work departments and lower-level people's governments through regular organized inspections, spot checks, etc., and provide timely feedback on the inspection results to relevant parties.
【New Law (2026)】
Local people's governments at or above the county level shall, in accordance with their responsibilities and authority, inspect the administrative reconsideration work of lower-level people's governments through regular organized inspections, spot checks, etc., and provide timely feedback on the inspection results. Major matters shall be reported in a timely manner and in accordance with relevant regulations.
[Lawyer’s Interpretation]
Substantive modifications to this article: The inspection objects are reduced from "affiliated work departments and lower-level people's governments" to only "lower-level people's governments", and a new "request for instructions and reports on major matters" system is added. This modification reflects the direction of the reform of the administrative review system - administrative review functions are gradually concentrated at the government level (unified acceptance by county-level governments), and corresponding supervision and inspection are also concentrated at the government level. Practical Tips: If during the administrative review process, corporate parties discover major violations of the review procedures, they can report it to the higher-level government and request the initiation of supervision and inspection procedures.
Article 68: Duty performance protection for administrative review personnel (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Administrative reconsideration agencies shall take effective measures to support and guarantee administrative reconsideration personnel to perform their duties and handle cases in accordance with the law.
[Lawyer’s Interpretation]
This article is newly added and clarifies the review agency’s responsibility to ensure that review personnel perform their duties in accordance with the law. This provision aims to eliminate external interference and pressure that administrative review personnel may receive during case handling and ensure their independence and impartiality in handling cases. Safeguard measures may include: job security, personal safety protection, working conditions support, etc. Practical Tip: During the administrative review process, corporate parties should respect the independent case-handling status of review personnel. If it is found that external forces interfere with the review and handling of the case, it can be reported to the relevant departments to maintain the fairness of the review.
Article 69 Administrative review proposal
【Old Law (2007)】
During the administrative review period, if the administrative review agency discovers that the relevant administrative actions of the respondent or other lower-level administrative agencies are illegal or that follow-up work needs to be done, it may prepare an administrative review opinion. Relevant agencies shall notify the administrative reconsideration agency of the situation of correcting relevant administrative violations or doing follow-up work within 60 days from the date of receipt of the administrative reconsideration opinion. During the administrative review period, if the administrative review agency discovers common problems in the implementation of laws, regulations, and rules, it may prepare an administrative review proposal and make suggestions for improving the system and administrative law enforcement to relevant agencies.
【New Law (2026)】
When the administrative review agency discovers common problems in the implementation of laws, regulations, rules, and normative documents during administrative review work, it may prepare administrative review proposals and make suggestions for improving the system and administrative law enforcement to relevant agencies.
[Lawyer’s Interpretation]
This revision simplifies the administrative review suggestions and opinion letter system of the old regulations: the "administrative review opinion letters" (corrective suggestions for individual violations of the law) in the old regulations are deleted, and only the "administrative review suggestions" (system improvement suggestions for general problems) are retained. At the same time, normative documents are also included in the scope of recommendations in the administrative reconsideration proposal, in line with the provisions of the new Administrative Reconsideration Law. Practical Tips: Corporate parties can use the administrative reconsideration proposal system to push administrative agencies to improve relevant systems and prevent similar administrative violations from the source.
Article 70 Training of Administrative Review Personnel
【Old Law (2007)】
Administrative review agencies at all levels should regularly organize professional training for administrative review personnel to improve the professional quality of administrative review personnel.
【New Law (2026)】
Administrative review agencies at all levels should regularly provide political, theoretical and professional training to administrative review personnel to improve the capabilities and quality of administrative review personnel.
[Lawyer’s Interpretation]
This revision adds "political" and "theoretical" training requirements on the basis of "business training". 1. Political training: Improve the political literacy and overall awareness of review personnel. 2. Theoretical training: improve the theoretical research level and system innovation ability of administrative reconsideration. 3. Business training: Improve the legal professional ability and practical operation level of review personnel. The three trainings together constitute the “ability and quality” system for reconsideration personnel. Practical Tips: Lawyers can establish professional communication channels with review personnel by participating in administrative review seminars, training and other activities to improve the professionalism and efficiency of case representation.
Chapter 7 Legal Liability (Articles 71 to 73)
There are 3 articles in this chapter. The "New Regulations" significantly streamlined the legal liability chapter, deleted the original Articles 63 to 65 (refusing to obstruct investigation and evidence collection, failing to perform review duties, transferring disciplinary recommendations, etc.), and integrated the relevant content into the relevant provisions of the new "Administrative Review Law". This chapter adds two new important systems: the protection of the rights and interests of review personnel and their close relatives, and the coordination of administrative review and supervision.
Article 71 Legal Liability of the Respondent
【Old Law (2007)】
If the respondent fails to re-take specific administrative actions in accordance with the requirements of the administrative review decision within the prescribed time limit, or re-takes specific administrative actions in violation of regulations, he shall be held legally responsible in accordance with the provisions of Article 37 of the Administrative Reconsideration Law.
【New Law (2026)】
If the respondent fails to take new administrative actions in accordance with the requirements of the administrative reconsideration decision within the prescribed time limit, or takes new administrative actions in violation of regulations, he shall be held legally responsible in accordance with the provisions of Article 83 of the Administrative Reconsideration Law.
[Lawyer’s Interpretation]
This article only corresponds to the adjustment in the article number of the new "Administrative Reconsideration Law" (changed from Article 37 to Article 83), and the rules on substantive legal liability remain unchanged. Practical Tips: After an enterprise receives a reconsideration decision ordering a reconsideration, if the respondent fails to act again within the statutory time limit, it can report it to the higher authority and request that the respondent be held legally responsible.
Article 72 Protection of the rights and interests of reviewers and their close relatives (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Anyone who commits illegal acts such as retaliation, frame-up, insult and slander, violence, threats and intimidation, trouble and harassment against administrative review personnel and their close relatives shall be given sanctions and public security management penalties in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.
[Lawyer’s Interpretation]
This article is newly added and is one of the most socially realistic articles in this revision. In recent years, incidents in which administrative review personnel have been subject to retaliation, threats, and harassment by parties or their associates while handling cases in accordance with the law have occurred from time to time, seriously affecting the normal order of administrative review work and the personal safety of review personnel. This article clearly stipulates that those who commit retaliation, frame-up, insult and defamation, violence, threats and intimidation, trouble and harassment against reviewers and their close relatives must be held accountable in accordance with the law. Practical Tips: This article reminds all review participants (including applicants and agents): Administrative review is a statutory right remedy and should be exercised rationally in accordance with the law. Personal attacks, threats and intimidation against reviewers not only fail to protect their rights, but will violate the law. When representing a case, lawyers should also guide clients to safeguard their rights in accordance with the law and express their demands rationally.
Article 73 Integration and coordination of administrative review and supervision (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
Strengthen the coordination of administrative review and supervision, and improve the information sharing and clue transfer mechanism.
[Lawyer’s Interpretation]
This article is newly added and establishes a coordinated mechanism for administrative review and disciplinary inspection and supervision. The core meaning of this mechanism is: clues discovered by the administrative review agency during the trial of cases that administrative agency staff are suspected of violating the law or committing crimes due to their duties should be transferred to the disciplinary inspection and supervision agencies for processing; clues found by the disciplinary inspection and supervision agencies in the supervision of relevant administrative review cases should also be reported to the administrative review agency in a timely manner. This system organically connects the legal supervision of administrative reconsideration with the political supervision of disciplinary inspection and supervision, forming a joint force of supervision. Practical Tips: During the administrative review process, if an enterprise discovers obvious illegal or corrupt conduct by administrative staff, it can report it to the disciplinary inspection and supervision agencies through appropriate channels.
Chapter 8 Supplementary Provisions (Articles 74 to 77)
This chapter contains 4 items in total. The "New Regulations" added 3 new articles (trademark and patent review procedures, coast guard review jurisdiction, reference to guiding cases), and revised 1 article (implementation date).
Article 74 Special Procedures for Review of Rejection of Trademark and Patent Applications (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If citizens, legal persons or other organizations are dissatisfied with the rejection of trademark applications or patent applications by administrative agencies and apply for administrative reconsideration, they shall file a review request in accordance with the relevant provisions of the Trademark Law of the People's Republic of China and the Patent Law of the People's Republic of China.
[Lawyer’s Interpretation]
This article is newly added and clarifies the remedy path for disputes regarding rejection of trademark and patent applications—relief must be in accordance with the review procedures of the Trademark Law and Patent Law, rather than through the administrative review procedure. This provision reflects the particularity of intellectual property cases: intellectual property administrative disputes have their own professionalism and procedural particularities. Relevant laws have designed special review procedures (such as the review and invalidation procedures of the State Intellectual Property Office), and there is no need to go through separate administrative review channels. Practical Tips: Corporate clients involved in trademark or patent rejections should seek relief through reexamination procedures in accordance with the provisions of the Trademark Law and Patent Law, rather than applying for administrative review.
Article 75 Jurisdiction over review of administrative actions of coast guard agencies (newly added)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
If citizens, legal persons or other organizations are dissatisfied with the administrative actions of the Coast Guard agency, they may apply for administrative reconsideration to the higher-level Coast Guard agency in accordance with the law.
[Lawyer’s Interpretation]
This article is newly added and clarifies the review authority for the administrative actions of the coast guard agency. The coast guard agency is a maritime rights protection and law enforcement force established in accordance with the Coast Guard Law. If you are dissatisfied with its administrative actions, you may apply for administrative reconsideration to the higher-level coast guard agency (rather than applying to the local government). Practical Tips: Parties involved in the administrative actions of coast guard agencies such as marine law enforcement, fishery law enforcement, and maritime safety law enforcement should apply for administrative reconsideration to the higher-level coast guard agency rather than to the local government.
Article 76 Reference to Guiding Cases (New)
【Old Law (2007)】
(No corresponding provision)
【New Law (2026)】
When hearing administrative review cases, the administrative review agency shall refer to the administrative review guiding cases issued by the administrative review agency of the State Council.
[Lawyer’s Interpretation]
This article is a newly added article that formally establishes the "reference to guiding cases" system for administrative reconsideration. It is a landmark innovation in the modernization process of the administrative reconsideration system. The reference guiding case system draws on the successful experience of the case guidance system of the Supreme People's Court. The administrative review agency of the State Council regularly releases typical and exemplary review cases for review agencies at all levels to refer to when hearing similar cases. This system helps to unify the standards for review and adjudication and enhance the predictability of administrative review. Practical Tips: When attorneys represent administrative review cases, they can actively search the guiding cases issued by the administrative review agency of the State Council to find precedents similar to the cases they represent to support their claims. At the same time, if the agency case is typical, the administrative review agency may be advised to refer to relevant guiding cases.
Article 77 Effective Date
【Old Law (2007)】
These Regulations shall come into effect on August 1, 2007.
【New Law (2026)】
These regulations will come into effect on July 1, 2026.
[Lawyer’s Interpretation]
The "New Regulations" will be officially implemented on July 1, 2026, when the 2007 version of the "Regulations" will be abolished at the same time. Practical Tips: Administrative reconsideration cases filed by enterprises after July 1, 2026, shall apply to the provisions of the New Regulations and the relevant new Administrative Reconsideration Law. Cases that have been accepted but have not yet been concluded before July 1, 2026 should be handled according to the principle of de novo procedures and de novo substantive cases.
Conclusion
The "Regulations on the Implementation of the Administrative Reconsideration Law" (revised in 2026) is a major landmark revision in the history of the development of the administrative review system. From a macro level, this revision reflects the functional transformation of administrative reconsideration from "internal administrative supervision" to "the main channel for substantive rights relief"; from a micro level, the modification of each article is directly related to the effectiveness of the parties' rights relief.
As a law firm specializing in legal services in the field of high-end commercial enterprises and administrative disputes, Yingting Law Firm recommends that corporate clients attach great importance to the following points in daily compliance management and administrative dispute response:
1. Make full use of administrative reconsideration relief rights. The new regulations have significantly expanded the scope of administrative review cases. New disputes such as administrative agreements, punishment for breach of trust, student status and degree, and disciplinary violations in public examinations have all been included in the scope of review. Enterprises should not easily give up this efficient way of rights relief.
2. Pay attention to the evidence and statements in the reconsideration procedure. The establishment of the rule of loss of evidence and the rule of conciliation immunity require the parties to exercise their rights more actively and prudently in administrative procedures and reconsideration procedures.
3. Make good use of the special arbitration rules for administrative agreements and administrative compensation. The new regulations provide a variety of adjudication methods for administrative agreements and administrative compensation. When signing government cooperation contracts, enterprises should fully assess risks and reserve space for rights protection.
4. Actively pay attention to the guiding case system. The guiding cases issued by the administrative review agency of the State Council will become an important reference for review and adjudication. Enterprises and their legal advisors should follow up on the latest case developments in a timely manner.
Previous article：Jilin Provincial High Court’s typical administrative trial cases in 2025: full analysis of work injuries, demolition, fines, etc.
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