First of all, everyone should have a cognition. When we talk about education law, it involves the relief channels in our education field. There are various channels of legal relief, including administrative channels, judicial channels, arbitration channels and mediation channels. Among them, among the channels of legal relief in education, the most important channel is administrative channel, and in administrative channels, we usually include administrative appeal, administrative reconsideration and administrative compensation, so administrative appeal and administrative reconsideration are the key contents of education law. Regarding administrative appeals, there are mainly two special relief systems in China? Investigation of Teacher Complaint System and Student Complaint System Then, according to the Teacher Law of People's Republic of China (PRC) (hereinafter referred to as the Teacher Law) and the Education Law of the People's Republic of China, we know that teacher complaints and student complaints are consistent in procedure, including submission, acceptance and handling, while the Teacher Law of People's Republic of China (PRC) (hereinafter referred to as the Teacher Law) clearly stipulates that the handling of teacher complaints must be handled within 30 days, while the student complaint system is temporary.
Administrative reconsideration is aimed at external administrative behavior. When the legitimate rights and interests are damaged, the first thing is to obtain the rights and interests relief through administrative reconsideration channels within the scope of reconsideration. Based on the administrative behavior within the scope of administrative reconsideration, to carry out administrative reconsideration according to law in order to obtain rights and interests relief, it must go through five links: filing, accepting, handling, deciding and serving. These five links involve some time limit issues, which are easily confused in many cases. We will arrange it for you as follows:
First of all, if the applicant refuses to accept the external administrative act, within what time limit can he apply for administrative reconsideration? Article 9 of the Administrative Reconsideration Law stipulates that citizens, legal persons or other organizations may file an application for administrative reconsideration within 60 days from the date of knowing the specific administrative act, either orally or in writing. Unless there are special provisions.
Secondly, when the relevant infringer makes an application, the administrative reconsideration organ decides whether to accept it or not. Article 17 of the Administrative Reconsideration Law stipulates that after receiving an application for administrative reconsideration, the administrative reconsideration organ shall decide not to accept an application for administrative reconsideration that does not meet the requirements of this Law within five working days and inform the applicant in writing.
Thirdly, when the administrative reconsideration organ decides to accept the application, it needs to deal with the incident and make an administrative reconsideration decision. According to Article 31 of the Administrative Reconsideration Law, the administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application, unless there are special provisions.
Finally, when the administrative reconsideration decision is delivered, it becomes legally effective. Sometimes, if the applicant refuses to accept the reconsideration result, he can bring an administrative lawsuit to the people's court. According to Article 19 of the Administrative Reconsideration Law, anyone who refuses to accept the administrative reconsideration decision and then brings an administrative lawsuit to the people's court may bring an administrative lawsuit to the people's court according to law within 15 days after receiving the decision.
The above are some time limits in educational legal relief summarized according to specific legal provisions. I hope it will help you. Finally, I wish you an early dream of being a teacher.
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