Legal information

Article introduction: These 7 details tell you what issues you should pay attention to when applying for administrative review?

1. Citizens, legal persons or other organizations that believe that a specific administrative act infringes upon their legitimate rights and interests may file an application for administrative reconsideration within 60 days from the date of becoming aware of the specific administrative act; however, exceptions are made where the application period specified by law exceeds 60 days. The Yingting Demolition Group learned that if the statutory application deadline is delayed due to force majeure or other legitimate reasons, the application deadline will continue to be calculated from the date the obstacle is removed.

2. The time limit for administrative reconsideration application is calculated as follows:

(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) If a legal document specifying a specific administrative action is delivered directly, the calculation will start from the date the recipient signs for receipt;

(3) If a legal document specifying a specific administrative action is delivered by mail, it shall be calculated from the date the recipient signs on the mail receipt; if there is no mail receipt, it shall be calculated from the date the recipient signs the delivery receipt;

(4) If a specific administrative action is notified to the recipient through an announcement in accordance with the law, the time limit shall be calculated from the expiration of the time limit specified in the announcement;

(5) If the Yingting Court considers that the administrative agency failed to notify citizens, legal persons or other organizations when taking specific administrative actions, and then provides supplementary notification 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;

(6) If the respondent can prove that a citizen, legal person or other organization is aware of a specific administrative act, the calculation shall start from the date when the evidence proves that the respondent is aware of the specific administrative act.

(7) 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, the citizen, legal person or other organization shall be deemed to be unaware of the specific administrative act.

Yingting reminds you:

If you encounter illegal forced demolition, the person being expropriated and demolished can file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced demolition. Don’t miss the statute of limitations through petitions, reports, etc.