Resolution of Economic Disputes: Administrative Reconsideration
Resolution of Economic Disputes: Administrative Reconsideration
(II) Participants in administrative reconsideration and administrative reconsideration authority
Participants in administrative reconsideration refer to those who participate in the whole process of administrative reconsideration activities to protect their legitimate rights and interests from illegal infringement. Participants in administrative reconsideration include the petitioner, the respondent, and the third parties. According to the provisions of the Administrative Reconsideration Law, The individual, legal entity, or other organization that petitions for administrative reconsideration is the petitioner, and the administrative authority that has performed an administrative action is the respondent. An individual, legal entity, or other organization that has an interest in the administrative action for which the petitioner petitions for administrative reconsideration may participate in the administrative reconsideration as a third party.
The administrative authority that is responsible for performing administrative reconsideration duties in accordance with the Administrative Reconsideration Law is the administrative reconsideration authority. The working body established by the administrative reconsideration authority to handle specific administrative reconsideration matters is the administrative reconsideration institution. A petitioner who challenges an administrative action of an authority of the local people's government at or above the county level may file a petition for administrative reconsideration to such people's government or to the superior authority. A petitioner who challenges an administrative action of a local people's government at any level may file a petition for administrative reconsideration to its superior people's government. A petitioner who challenges an administrative action of a ministry of the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government may file a petition for administrative reconsideration to the ministry or the people's government that performed the administrative action.
The enforcement of the administrative action will not be suspended during the period of administrative reconsideration. Provided, however, that the enforcement may be suspended if:
① The respondent believes that it is necessary to suspend enforcement; ② The administrative reconsideration authority believes that it is necessary to suspend enforcement; ③ The administrative reconsideration authority believes that the petitioner's request for suspension is reasonable and decides to suspend enforcement; or ④ Enforcement shall be suspended in accordance with the law.
Robert Zhang 
Steve Li 