People's Republic Of China For Customs Administrative Punishment Hearing Approaches 2014 (Revised)

Original Language Title: 中华人民共和国海关行政处罚听证办法(2014年修正本)

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398572.shtml

People's Republic of China for customs administrative punishment hearing approaches 2014 (revised)

    (January 26, 2006 Customs 145th order issued March 13, 2014, the General Administration of Customs announced order No. 218, since as of the date of promulgation of the decision of the customs regulations on the part of the amendment) Chapter I General provisions

    First in order to standardize the customs administrative punishment hearing procedure, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China Law on administrative punishment and the People's Republic of China regulations on implementation of customs administrative punishment, as well as provisions of other relevant laws, administrative regulations, and these measures are formulated.

    Article customs administrative punishment before a decision is made, the Parties apply for hearing, procedures apply.

    Article customs to suspend operations, withdrawal of customs registration and the more than 10,000 yuan fine, legal persons or other organizations at more than 100,000 yuan fine, confiscation of goods, smuggling of goods, means of transport, such as administrative punishment decision, it shall inform the parties have the right to request hearings; the parties to request a hearing, the Department shall organize the hearing. Fourth article customs administrative punishment hearing shall follow the open, fair, just and convenient principle.

    Customs administrative punishment hearing shall be held openly, and involve State secrets, business secrets or private affairs otherwise.

    Chapter II organizational hearing organizations and personnel Article fifth hearings on customs administrative punishment cases of administrative punishment cases by the Customs Department is responsible for the organization.

    Cases involving intellectual property punishment hearings by the Customs Department is responsible for the Organization of the legal system concerning qualification penalty hearing of the case, qualification penalty penalty decision by the Customs Department is responsible for the organization.

Article sixth hearing hearing shall be specified 1 host and 1 clerk and, if necessary, you can specify 1 to 4 hearing officer to assist the hearing officer hearing.

    Hearing cases involving customs expertise, organization may invite Customs-related business of hearing experts serving as hearing officer.

Article seventh hearing officer shall perform the following functions:

(A) decided to postpone, suspend the hearing;

(B) the facts of the case, intends to make an administrative punishment for questioning the rationale and justification for;

(C) require participants in the hearing to provide or supplement evidence;

(D) preside over the hearing procedures and maintain hearing order halt to the acts in violation of the hearing disciplines;

    (E) decide whether a witnesses and expert witnesses to the hearing.

Article eighth hearing, hearing officer, record any of the following circumstances shall voluntarily withdraw, the party and its agents have the right to apply for his withdrawal:

(A) is the case investigators;

(B) close relatives of the parties, in this case investigators;

(C) served as a witness in this case, the appraiser;

(D) with a stake in the outcome of this case.

Provisions of the preceding paragraph, apply to interpreters, expert witnesses.

    Hearing clerk, records clerk, translator, expert witness avoid, determined by the hearing; hearing avoided, decided by the Organization in charge of the hearing, the hearing officer for the head of the Organization of the hearing, avoid hearings held by the head of customs decisions.

    Chapter III rights of participants in the hearing and other personnel, obligations

    Nineth participants in the hearing included party and its agents, third parties and their agents, the investigators of the case; other persons, including witnesses, interpreters, expert witnesses.

Tenth party shall enjoy the following rights:

(A) the use of the native language to the hearing;

(B) the hearing of the application or to give up;

(C) applications for public hearings;

(D) lawyers or other persons as the hearing representatives;

(E) statements, representations, testimony and cross-examination;

    (Vi) access to hearing transcripts, and modified and signed.

    11th and have a direct stake in the outcome of the case of citizens, legal persons or other organizations to participate in the hearing, as a third party to the hearing. 12th party, the third party may appoint 1 or 2 agents to participate in the hearing.

    Agents have the same rights with the client in the delegate permissions and perform the same duties.

13th party or a third party commissioned agents to participate in a hearing, the hearing should be held to Customs prior to submission of a power of Attorney, letter of authorization shall specify the following matters:

(A) summary of the clients and their agents;

(B) the agent's agent permission;

(C) agency starting and ending dates;

(D) principal signature date and the principal.

    Client termination delegate, shall notify the Organization of the hearing.

14th the investigators of the case referring cases of customs administrative punishment evidence and staff participating in the hearing.

    In the course of the hearing, investigators State party against the facts of the case, evidence, intended to make the decision on administrative penalty and its legal basis, and cross-examined, debate with the party.

    15th agreed by the hearing officer, the investigators of the case, the parties and the third party may require the witness to attend the hearing and hearing prior to 1st gives basic information about witnesses.

16th is not familiar with the local language of the participants in the hearing and other officers, the Customs shall hire translators for it. And technical issues need to be identified, customs should be handed over to the Customs laboratory accreditation bodies or entrust other national accreditation bodies for identification.

    Agreed by the hearing, parties and their agents, the third party and their agents, the investigators of the case may require experts to participate in the hearing.

    17th, third parties and agents and their agents, the investigators of the case, witnesses, interpreters, expert witnesses should attend the hearing, comply with the hearing disciplines, and truthfully answer Presiders questions.

    The fourth chapter application for hearing and decision 18th parties shall inform customs in its right 3rd from the date of the hearing, hearing an application in writing to the customs.

To apply by post, to date of postmark date as the date of application.

    Party due to force majeure or other exceptional circumstances cannot be hearing an application made within the prescribed period, approved by the customs, you can remove up to 3rd after hearing an application made.

The 19th article customs decided to organise a hearing, shall from the date of receiving the application for hearing within the 30th hearing, 7th hearing will be held and the notification of hearings on customs administrative punishment (see annex 1) served on the parties concerned.

The notification of customs administrative punishment hearing shall set out the party's name or name, hearing the name and time and place of the hearing of the case, stamped with the seal of customs administrative cases, and setting out the following: (A) whether held in public hearings.

No public hearings, it shall explain the reasons;

(B) the name of the presiding hearer, hearing clerk, records clerk;

(C) to request the parties to submit to the hearing list, identification materials, notify the witness and prepare the relevant evidence and other matters;

(D) the rights and obligations of the parties and their agents;

    (E) other relevant matters.

20th under any of the following circumstances, the Customs shall make the decision not to hold a hearing:

(A) the applicant is not a party to the case or their agents;

(B) is not in the article 18th hearing an application made within the prescribed time limit;

(C) these procedures do not belong to the scope of the article.

    Decide not to grant a hearing, the Customs shall, from the date of receiving the application for hearing within 5th making the notification of hearings on customs administrative punishment are not (see annex 2), and served on the applicant in a timely manner.

Article 21st more Parties respectively, for the same apply for hearing administrative cases, hearing can be combined.

Cases where two or more parties, part of hearing an application made by the parties, the Customs may notify the other parties to the hearing.

    Only some of the parties to the hearing, can only relate to the part of the party of the facts of the case, evidence, held a hearing on the law applicable, the Customs shall be made after hearing the decision.

    Hearing of the fifth chapter

22nd article in the course of the hearing, hearing of the participants in the hearing as well as other personnel shall abide by the following disciplines:

(A) the participants in the hearing and the hearing of other personnel shall abide by the order, after agreed by the hearing officer, to make statements and debates;

(B) the bystander should not affect the hearing normally;

    (C) ready for sound recording, video recording, photography and interviews should be submitted to approval by the hearing officer.

Article 23rd hearing shall be conducted in accordance with the following procedure:

(A) hearing check party and its agent, the identity of the third party and their agents, the investigators of the case;

(B) the hearing officer announced list of participants in the hearing, interpreters, judge, ask the parties and their representatives, third parties and their agents, the investigators of the case whether application for withdrawal;

(C) that the hearing disciplines;

(D) the hearing officer announced the beginning of the hearing and the case was introduced;

(E) the investigators of the case statement the party illegal facts, to present evidence, to be made of and basis for administrative penalty decisions;

(F) the party and its agent, statements, representations, comments and propositions;

(G) third party and agent representation, comments and ideas;

(H) hearing questions based on facts, evidence, cases, punishment;

(I) the parties and their representatives, third parties and their agents, the investigators of the case mutual confrontation, debate;

(10) the parties and their representatives, third parties and their agents, the investigators of the case for a final statement;

    (11) announced the end of the hearing.

24th parties and their agents, the third party and their agents, the investigators of the case should focus on the legality, authenticity and relevance of evidence, against the evidence of effectiveness and demonstrate effectiveness in any size of cross-examination.

    Agreed by the hearing, parties and their agents, the third party and their agents, the investigators of the case evidence to post questions, you can also put questions to witnesses, experts; questions shall not adopt any inducement, threat, insult, such as language or a way to ask questions ought to be associated with the facts of the case.

Article 25th of documentary evidence, material evidence and audio-visual material for cross-examination when, parties and their agents, the third party and their agents, the investigators of the case shall produce the original documentation or articles of evidence; one of the following lines, can not produce the original document or the original:
(A) to produce the original document or the original is really difficult, agreed by the hearing officer can produce a copy or reproduction;

(B) the original or the original no longer exists, but can demonstrate copies, reproductions and originals, the original agreement.

    Audio should be played or displayed at the hearing and cross-examination and found.

26th under any of the following circumstances, it shall postpone a hearing:

(A) the party or his agent due to force majeure or other legitimate reasons could not be present;

(B) interim decision the presiding hearer, hearing or record who intends, cannot determine the replacement candidates on the spot;

(C) as a party to the legal person or other organization has merger, Division or any other asset restructuring situations, you need to wait for the successor to the rights and obligations;

(D) other circumstances that put off the hearing according to law.

    Postponed the hearing after the Elimination of the causes and determine anew by the hearing officer hearing time, and notify the participants in the hearing and others.

27th under any of the following circumstances shall be suspended hearings:

(A) necessary to summon new witnesses or require identification, additional evidence;

(B) the party due to force majeure or other justifiable reason is temporarily unable to continue to participate in the hearing;

(C) the participants in the hearing and the hearing of other persons fail to comply with discipline, causing confusion in the order;

(Iv) other circumstances that warrant the suspension is holding a hearing in accordance with law.

    Suspended the hearing after the Elimination of the causes, the time determined by the hearing officer to restore hearing, and notify the participants in the hearing and others.

Article 28th of the following circumstances, it shall terminate the hearing:

(A) the hearing of the parties to withdraw application;

(B) the party without due cause fails to attend the hearing;

(C) parties leave without good reason;

(D) the death of a party or as a party to terminate the legal persons, other organizations, no successor rights and obligations;

    (E) shall terminate the hearing of the case in accordance with law. 29th a record shall be kept of the hearing.

Record of hearing shall set out the following matters:

(A) the Court;

(B) the participants in the hearing and the other person's name or names;

(C) the name of the presiding hearer, hearing clerk, records clerk;

(D) the time, place and manner of the hearing;

(E) made by the investigators of the case of the case facts, evidence and proposed decision of administrative penalty and its basis;

(F) the contents of the statements, representations and evidence;

(G) the testimony of witnesses;

    (H) according to the provisions set out in other matters. Article 30th hearing transcripts should be undertaken by participants in the hearing and other personnel to confirm correct signature or seal-by-page basis.

Disagrees with the content of the records can be corrected on the spot confirm signature or seal.

    Participants in the hearing and others refused to sign or seal, the recorder indicated in the record of hearing.

    The sixth chapter supplementary articles

    31st the presiding hearer, hearing officers, record violates the relevant provisions of the measures, if the circumstances are serious, shall be given administrative sanctions by the unit in accordance with the relevant provisions.

    32nd article this way provided for service of legal instruments in the light of the People's Republic of China regulations of the code of civil procedure.

    33rd article this way, the term "day" means working days, "more than", "less than" and "before" contain this number.

    Article 34th organization of customs administrative punishment hearing costs borne by the customs.

    To interpret article 35th of the GAC. 36th these measures shall come into force on March 1, 2006.

November 12, 1996 released by the General Administration of customs of the People's Republic of China for customs administrative punishment hearing interim measures be repealed simultaneously. Attachment: (slightly)