Resolution of Economic Disputes: Administrative Reconsideration
Resolution of Economic Disputes: Administrative Reconsideration
II. Conditions for Administrative Reconsideration
The operation of the administrative reconsideration system requires the satisfaction of certain conditions, including the scope of reconsideration, jurisdiction, and participants in administrative reconsideration cases.
(I) Scope of administrative reconsideration
If an individual, legal entity, or other organization believes that their legitimate rights and interests have been infringed upon by an administrative action of an administrative authority, which falls within the scope of the Administrative Reconsideration Law, they may file a petition for administrative reconsideration.
1. Matters that fall within the scope of administrative reconsideration
① Cases of administrative penalties. A petition for administrative reconsideration may be filed if the penalized party challenges an administrative penalty decision made by an administrative authority, such as warning, fine, confiscation of illegal gains or property, order to suspend production or business, suspension or rescission of license or permit, administrative detention, etc.; ② Cases of administrative compulsory measures. A petition for administrative reconsideration may be filed if the penalized party challenges an administrative measure taken by an administrative authority or a decision made by an administrative authority to take an administrative measure, such as restriction of personal freedom or the sealing up, seizing, or freezing of property; ③ Cases of license administration. A petition for administrative reconsideration may be filed if the penalized party challenges a decision made by an administrative authority to alter, suspend, or revoke their licenses, qualifications, or other certificates; ④ Cases of administrative quiet title decision. A petition for administrative reconsideration may be filed if a party challenges a quiet title decision made by an administrative authority to confirm the ownership or use right of natural resources, such as agricultural lands, mineral resources, rivers, forests, mountains, grasslands, uncultivated lands, mudflats, or maritime waters; ⑤ Cases of infringement of legal operational autonomy. A petition for administrative reconsideration may be filed if an individual, legal entity, or other organization believes that their legal operational autonomy has been infringed upon by an administrative authority; ⑥ Cases of agricultural tenancy contracts. A petition for administrative reconsideration may be filed by an agricultural tenant if their legal rights and interests have been infringed upon by an administrative authority that altered or revoked their agricultural tenancy contract; ⑦ Cases of illegally demanding performance of obligations. A petition for administrative reconsideration may be filed if an administrative authority illegally raises funds, levies property, apportions charges, or illegally demands the performance of other obligations; ⑧ Cases of administrative licensing. A petition for administrative reconsideration may be filed if an individual, entity, or other organization believes that their application for a permit, license, qualification certificate, or credential, or for approval or registration meets the legal conditions but is denied by a competent administrative authority; ⑨ Cases of non-performance of statutory duties. A petition for administrative reconsideration may be filed if an individual, entity, or other organization applies to an administrative authority for performing their statutory duties of protecting personal rights, property rights, or education rights, but the administrative authority fails to perform their statutory duties in accordance with the law; ⑩ Cases of administrative payments. A petition for administrative reconsideration may be filed if an individual applies to an administrative authority for paying their pensions, social security insurances benefits, or minimum living subsidies in accordance with the law, but the administrative authority fails to do so; ⑪ Disputes arising from infringement by other administrative actions of administrative authorities.
2. Exclusions of administrative reconsideration
① In case of a challenge to a decision on an administrative penalty or other disciplinary sanction, an appeal may be filed in accordance with the applicable laws and administrative regulations. ② In case of a challenge to the mediation or other resolution of a civil dispute by an administrative authority, the dispute may be referred to arbitration or litigation in accordance with the law.
Robert Zhang 
Steve Li 