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Yingting Demolition Lawyer - What should you do if you are not satisfied with the administrative review result during land acquisition and demolition?
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Article author：Yingting Lawyers Group | Update time：2019-08-12 | Reading times：410
Land acquisitionDemolitionWhat should I do if I am not satisfied with the result of administrative review?
1. Those who are dissatisfied with the administrative review decision can only file an administrative lawsuit with the People's Court in accordance with the rules of the Administrative Procedure Law. The Reconsideration Law provides the only remedy for those who are dissatisfied with an administrative reconsideration decision.
2. If the party concerned is dissatisfied with the first-instance judgment of the People's Court, he or she has the right to appeal to the People's Court at the next higher level within fifteen days from the date of delivery of the judgment.
3. If you are dissatisfied with the administrative review decision, you should file an administrative lawsuit with the people's court where the review authority is located.
Administrative litigation subject:
Article 25 of the Administrative Litigation Law: If a citizen, legal person or other organization directly files a lawsuit with the People's Court, the administrative agency that made the specific administrative act shall be the defendant.
In a reconsidered case, if the reconsideration agency decides to uphold the original administrative act, the administrative agency that made the original administrative act shall be the defendant; if the reconsideration agency changes the original administrative act, the reconsideration agency shall be the defendant.
If two or more administrative agencies make the same specific administrative act, the administrative agencies that make the specific administrative act together shall be the defendant together. For specific administrative actions performed by an organization authorized by laws and regulations, the organization is the defendant. For specific administrative acts performed by an organization entrusted by an administrative agency, the entrusting administrative agency is the defendant.
What are the administrative review options:
The organization responsible for the legal work of the administrative review agency shall examine the specific administrative actions made by the respondent, put forward opinions, and make administrative review decisions in accordance with the following rules with the consent of the person in charge of the administrative review agency or after collective discussion and approval:
(1) If the facts for determining a specific administrative act are clear, the evidence is conclusive, the basis for application is correct, the procedure is legal, and the content is appropriate, the decision must be adhered to;
(2) If the respondent fails to perform its legal obligations, it shall be determined to perform them within a certain period of time;
(3) If a specific administrative act has any of the following phenomena, it is decided to cancel, change or admit that the specific administrative act is illegal; if it is decided to cancel or admit that the specific administrative act is illegal, the respondent may be ordered to re-take the specific administrative act within a certain period of time:
a. The main facts are unclear and the evidence is insufficient;
b. The application basis is wrong;
c. Violate legal procedures;
d. Overstep or abuse of power;
e. Specific administrative actions are obviously inappropriate
1. Those who are dissatisfied with the administrative review decision can only file an administrative lawsuit with the People's Court in accordance with the rules of the Administrative Procedure Law. The Reconsideration Law provides the only remedy for those who are dissatisfied with an administrative reconsideration decision.
2. If the party concerned is dissatisfied with the first-instance judgment of the People's Court, he or she has the right to appeal to the People's Court at the next higher level within fifteen days from the date of delivery of the judgment.
3. If you are dissatisfied with the administrative review decision, you should file an administrative lawsuit with the people's court where the review authority is located.
Administrative litigation subject:
Article 25 of the Administrative Litigation Law: If a citizen, legal person or other organization directly files a lawsuit with the People's Court, the administrative agency that made the specific administrative act shall be the defendant.
In a reconsidered case, if the reconsideration agency decides to uphold the original administrative act, the administrative agency that made the original administrative act shall be the defendant; if the reconsideration agency changes the original administrative act, the reconsideration agency shall be the defendant.
If two or more administrative agencies make the same specific administrative act, the administrative agencies that make the specific administrative act together shall be the defendant together. For specific administrative actions performed by an organization authorized by laws and regulations, the organization is the defendant. For specific administrative acts performed by an organization entrusted by an administrative agency, the entrusting administrative agency is the defendant.
What are the administrative review options:
The organization responsible for the legal work of the administrative review agency shall examine the specific administrative actions made by the respondent, put forward opinions, and make administrative review decisions in accordance with the following rules with the consent of the person in charge of the administrative review agency or after collective discussion and approval:
(1) If the facts for determining a specific administrative act are clear, the evidence is conclusive, the basis for application is correct, the procedure is legal, and the content is appropriate, the decision must be adhered to;
(2) If the respondent fails to perform its legal obligations, it shall be determined to perform them within a certain period of time;
(3) If a specific administrative act has any of the following phenomena, it is decided to cancel, change or admit that the specific administrative act is illegal; if it is decided to cancel or admit that the specific administrative act is illegal, the respondent may be ordered to re-take the specific administrative act within a certain period of time:
a. The main facts are unclear and the evidence is insufficient;
b. The application basis is wrong;
c. Violate legal procedures;
d. Overstep or abuse of power;
e. Specific administrative actions are obviously inappropriate
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