Legal information

Today we are going to talk about a very interesting system - the self-correction power of administrative agencies. As we all know, administrative reconsideration is the review of the administrative actions of lower-level agencies by higher-level agencies. However, during the administrative review process, can the respondent, the original administrative agency, take the initiative to correct the mistakes on its own initiative? The answer is yes, and the new regulations also specifically regulate this procedure. Lawyer Ying Ting will take you to take a look.

Why do administrative agencies need to self-correct?

There is a consideration of institutional efficiency here. As we all know, after the administrative review agency makes a review decision, if the review decision changes the original administrative behavior, the original agency's enforcement targets will change, and the entire administrative chain will have to be adjusted. In comparison, if the administrative agency takes the initiative to correct the error during the reconsideration process, on the one hand, it can protect the legitimate rights and interests of the parties more quickly, and on the other hand, it can also avoid subsequent complex enforcement and litigation issues. It can be said that self-correction by administrative agencies is a good thing that "saves time and effort" and is also a reflection of the concept of service-oriented government.

Time limit for error correction - 5 working days

The new regulations set a clear time limit for self-correction by administrative agencies: within 5 working days after receiving a copy of the reconsideration application, the administrative agency can initiate the self-correction procedure and proactively change or cancel the original administrative action. This five-working-day limit not only leaves sufficient time for administrative agencies to make internal decisions, but also prevents administrative agencies from delaying indefinitely and affecting the efficiency of review. If it exceeds 5 working days and the administrative agency still wants to correct the error, it needs to follow the normal reconsideration procedures and cannot intervene at will in the name of "self-correction."

How to connect the error correction and reconsideration procedures?

There is a program connection issue that needs to be clarified here. If the administrative agency initiates a self-correction procedure during the review process and actually revokes or changes the original administrative action, is it necessary to continue the original administrative review application? The new regulations stipulate that if the respondent has taken the initiative to correct the error and the reconsideration applicant has no objection to this, the reconsideration procedure can be terminated. In other words, if the administrative agency admits its mistake, the applicant accepts it, and both parties reach an agreement, the case can be closed without having to go through the entire reconsideration process. However, if the administrative agency corrects the error and the applicant feels that the correction is not enough and wants more relief, the reconsideration process will continue.

Can it still be reconsidered after the error is corrected?

There is another question that everyone is concerned about: after the administrative agency corrects the error, can the party involved apply for administrative review again on the corrected decision? The answer is: If the error correction decision is made by the administrative agency on its own initiative and is not ordered to be corrected after review by the review agency, the party concerned can still apply for administrative review if he is dissatisfied with the error correction decision. Therefore, enterprises should not think that once the administrative agencies correct their mistakes, the matter will be over. If error correction is not in place, rights are still not fully protected, and channels for legal relief are still open.

[Lawyer Yingting’s conclusion]

In summary, the self-correction system of administrative agencies is a surprise for everyone in this new regulation. It gives administrative agencies an opportunity to proactively correct mistakes, so that disputes can be resolved during the review process without having to reach the stage of review decision. For our clients, when encountering an administrative agency's error admission and correction, we must judge whether the correction is sufficient and whether our rights and interests are fully protected. If necessary, do not sign for confirmation easily and continue to seek legal relief.