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本案是近年来增长较快的职业打假人就投诉举报处理程序问题提起行政复议案中的典型案例。本案中,被申请人在受理相关申诉后,未在法定期限作出是否受理决定并书面通知消费者,且对消费者举报事项转办后未及时与消费者沟通,致使申请人提起行政复议。作者建议,对类似案件,各级工商复议机关以及各级工商机关应树立理性应对打假维权组织和个人行政复议申请的意识,进一步规范有关业务部门申诉、举报、政府信息公开与信访事项的办理程序,做好向申请人的政府信息公开与行政复议案件材料查阅工作。
This case is a typical case of the administrative reconsideration case filed by the professional anti-counterfeiting person who has been growing rapidly in recent years on the complaint reporting and handling procedure. In this case, after accepting the relevant appeals, the respondent did not make a decision on whether to accept the case and notify the consumers in writing within the statutory time limit. The respondent did not communicate with the consumers promptly after the matters reported by the consumers and caused the applicant to file an administrative review. The author suggests that in similar cases, the AICs at all levels as well as the AICs at all levels should establish a sense of rationally responding to the applications for administrative reconsideration of anti-counterfeiting rights organizations and individuals, and further standardize the procedures for handling appeals, reporting, disclosing government information and petitions concerning business departments , Do a good job to the applicant’s government information disclosure and administrative reconsideration case materials inspection.