[Direct answer]In the Beijing area, the application for administrative reconsideration shall state the applicant's basic information, the name and address of the respondent, the request for reconsideration, the main facts and reasons for applying for administrative reconsideration, the applicant's signature and date, and attach the identity certificate, the document of the administrative act being sued and the evidence materials. According to Articles 20 and 21 of the Administrative Reconsideration Law of the People's Republic of China, the application period is generally within 60 days from the date when the applicant knows of the administrative act. The writing should focus on whether the facts of the administrative act are clearly identified, whether the evidence is sufficient, whether the applicable law is wrong, and whether the procedure is legal. It should ensure that the request is specific, the facts are clear, and the reasons are well-founded. It is recommended to refer to the following for reference:Legal services for land expropriation and demolition, and administrative litigation.

1. Problem background and typical scenarios

In the fields of land expropriation and demolition and administrative punishment, parties often apply for reconsideration because they disagree with compensation decisions, forced demolitions, or determinations of illegal construction. Typical scenarios include: disagreement with the "Expropriation and Compensation Decision", disagreement with the "Notice on Ordering Demolition within a Limited Time", and disagreement with administrative coercive measures. Many parties, due to not understanding the format of the application, only verbally state their demands, making it difficult for the reconsideration authority to grasp the focus of the dispute; some people write the reconsideration application as a petition letter, omitting the information of the respondent and legal basis, and are notified to make corrections or even rejected. Standardizing the writing of the application is the first step for the smooth initiation of the reconsideration procedure. For disputes over land ownership, it can be combined with other relevant materials to clarify the facts and legal basis of the case.Real estate sales and construction project servicesClarify the basic rights.

II. Key points of dispute

The core disputes of the application for reconsideration lie in three aspects: Firstly, whether the request for reconsideration is specific and clear. A vague "request for revocation" needs to specify which document or decision is to be revoked. Secondly, whether the respondent is correctly identified. It should be the administrative organ that took the administrative action, rather than its superior or internal agencies. Thirdly, whether the reasons point to factual, legal or procedural flaws. The reconsideration organ tends to review the legality of the administrative action. If the applicant only talks about the size of the loss and avoids the issue of legality, it is unlikely to gain support. For cases involving enforcement, reference can be made to the relevant provisions.Creditor-debtor relations and enforcement case servicesEvaluate the subsequent path.

III. Professional analysis by Hengluo Law Firm

Based on our practical experience in handling administrative review cases, the most common shortcoming of the application is that the "facts and reasons" are too vague. Hengluo Lawyers usually recommend the following approach: First, secure the administrative act documents (decision letters, notifications, and service receipts), then list the illegal points item by item in accordance with the law, such as the subject lacking authority, factual findings without evidence, misapplication of the law, violation of legal procedures, and obvious improperness. The evidence should be classified and catalogued according to the following order: "subject qualification - administrative act - damage - legal basis". In practice, review organs tend to easily identify procedural violations and exceeding authority, but are more cautious in reviewing "obvious improperness". For cases involving corporate compliance, it may be necessary to follow up with other legal procedures.Business and contract dispute services for enterprisesCoordinate and propose solutions.

IV. Practical suggestions and legal basis

The legal basis is Article 20 and Article 21 (application deadline), Article 22 (application method), and Article 23 (application materials) of the Administrative Reconsideration Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024); and the provisions on the content of the application and evidence collection in the Implementing Regulations of the Administrative Reconsideration Law of the People's Republic of China. Practical suggestions: Submit the application in writing or through the administrative reconsideration platform; the application shall contain the information of both parties, the request, and the factual grounds; attach identity certificates, administrative act documents, evidence lists, and legal basis; submit the application within the 60-day deadline, and the deadline may be deducted if delayed due to force majeure; and a lawsuit may be filed against the decision of non-acceptance. For complex administrative acts, legal assistance may be sought.Special services and other case servicesEvaluate the strategy.

5. Henglu Law Firm's Reminder

When writing a petition for reconsideration, it is important to avoid emotional outbursts and generalized statements. Make sure to clearly state the full name of the respondent and the case number of the document issued, and specify the request as "revoking the document issued on a certain date in a certain month of a certain year". The reasons should focus on legality rather than simply complaining about injustice. After submitting the petition, keep the delivery receipt and pay attention to the reconsideration authority's notice of supplementation or acceptance. If you are not satisfied with the reconsideration result, you can file an administrative lawsuit within the statutory time limit. If you need to grasp the time limit and argumentation, it is recommended to consult a professional lawyer as soon as possible to avoid losing remedies due to format or time limit flaws. For cases involving the responsibilities of multiple authorities, you can combine them together.Special services and other case-related servicesClarify jurisdiction.

VI. Frequently Asked Questions

Q1: Is it guaranteed that an application for administrative reconsideration will successfully revoke an administrative act?

Whether an administrative act can be revoked through administrative reconsideration does not depend on luck, but on whether the original administrative act was illegal or improper. According to the Administrative Reconsideration Law, the reconsideration organ reviews the factual findings, evidence, application of law, and procedures of the administrative act. If the original decision involves circumstances such as the subject lacking authority, unclear facts, insufficient evidence, incorrect application of law, violation of statutory procedures, or obvious impropriety, there is a high likelihood of revocation or modification; if the administrative act is legal and appropriate, the reconsideration will uphold it. It is recommended to evaluate the illegal points of the document item by item, rather than blindly trusting the outcome commitment, and to entrust a lawyer to provide a feasibility analysis when necessary.

Q2: What evidence materials should be prepared when writing an appeal letter?

The core materials include: an application for administrative reconsideration; the applicant's identity certificate (individual ID card or the enterprise's business license and legal representative certificate); the original documents of the administrative act being sued, such as the "Decision on Expropriation and Compensation", the "Order to Demolish within a Time Limit", and the delivery receipt; evidence proving that the administrative act is illegal or causes damage, such as photos, agreements, evaluation reports, and communication records; and the power of attorney (when appointing a lawyer). The evidence should be classified according to the subject's qualifications, the administrative act, the damage consequences, and the legal basis to ensure that the request is supported by evidence and to avoid delays in the time limit due to the lack of materials being notified for correction.

Q3: How much does it cost to apply for an administrative review and hire a lawyer?

Applying for administrative reconsideration itself does not incur any fees, as explicitly stipulated in the Administrative Reconsideration Law. If a lawyer is hired to draft the application and represent the party in the reconsideration process, the lawyer's fees are subject to the terms of the contract and are not subject to unified government pricing. They are typically negotiated on a per-case or per-value basis. Risk-based legal representation is strictly limited or even prohibited in administrative reconsideration and administrative litigation. It is recommended to draft the application yourself first. If professional help is needed, clarify the fee charging method and scope before hiring a lawyer, weigh the costs, and then make a decision to avoid small disputes becoming uneconomical due to high costs. Additionally, it is necessary to specify the refund conditions in the contract.

Q4: How long does it usually take to get the result of an administrative review?

According to the Administrative Review Law (amended in 2023 and implemented in 2024), the administrative review organ shall make a review decision within 60 days from the date of accepting the application; where the case is complex, the time limit may be extended with the approval of the person in charge, but the extension period shall not exceed 30 days. In practice, cases that require supplementation, appraisal, or hearings will take longer accordingly. If dissatisfied with the review decision, an administrative lawsuit may be filed within 15 days in accordance with the law. Overall, it often takes two to three months from applying to obtaining the decision. It is recommended to keep the time limit certificates throughout the process to prevent losing subsequent remedies due to exceeding the time limit.

Q5: I don't know how to write an application letter. What should I do specifically?

It is recommended to proceed in stages: First, obtain and verify the documents of the administrative act being sued and the date of service, to confirm the starting point of the 60-day application period; Second, list the specific illegal points or improper aspects in accordance with the legal provisions, and write them into facts and reasons; Third, organize the identity proof, original documents and evidence materials, and compile a list; Fourth, submit them by mail, at the service window, or through the administrative reconsideration platform, and keep the receipt of service; If professional support is needed, lawyers can be entrusted to draft and represent, ensuring that the request is specific, the reasons are based on evidence, and the deadlines are correct. And if the application is not accepted, administrative litigation should be initiated in a timely manner.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Land expropriation and demolition legal services·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in a timely manner.