Measures Of China Securities Regulatory Commission On Administrative Reconsideration

Original Language Title: 中国证券监督管理委员会行政复议办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700259026.shtml

Measures of China Securities Regulatory Commission on administrative reconsideration

    (May 4, 2010 to 67th, published since the China Securities Regulatory Commission as of July 1, 2010) Chapter I General provisions First article to protection citizens, and corporate or other organization of lawful rights and interests of, guarantees and supervision China Securities supervision Management Committee (following referred to China SFC) law exercise regulatory terms, further play administrative reconsideration system in solution Securities Futures administrative dispute in the of role, constantly improve Securities Futures supervision management institutions of law administrative level, according to People's Republic of China administrative reconsideration method (following referred to administrative reconsideration method), and People's Republic of China Securities method, and

    People's Republic of China regulations for the implementation of the administrative reconsideration law (hereinafter referred to as the implementation of the administrative reconsideration Law Ordinance) and other laws and administrative regulations, these measures are formulated.

    A citizen, legal person or other organizations think that the China Securities Regulatory Commission or its agency, authorize violations of the legitimate rights and interests of a specific administrative act of the Organization, in accordance with the law on administrative review, the implementation of the administrative reconsideration Law Ordinance and the regulations applying to the China Securities Regulatory Commission on administrative reconsideration.

    As the China Securities Regulatory Commission on administrative reconsideration organs, accepts the application for administrative review, to review the specific administrative act has been applying for administrative reconsideration and decision.

    Specific administrative acts on the China Securities Regulatory Commission to apply to their administrative reconsideration, the original undertaking specific administrative acts in matters relating to departments or agencies (hereinafter referred to as the original host Department) is responsible for administrative reconsideration institutions responded.

    China Securities Regulatory Commission agency or authorized by specific administrative acts may apply for administrative reconsideration, authorized by the agencies or organizations responsible for administrative reconsideration institutions responded.

    Third bodies responsible for legal work as a China Securities Regulatory Commission on administrative reconsideration institutions apply for administrative reconsideration matters, except in accordance with the administrative review law article, the administrative reconsideration law regulations for the implementation of the provisions of article III of the fulfilment of duties, shall perform the following duties:

    (A) the Organization of administrative reconsideration hearings;

    (B) drew attention to the Administrative Review Committee meeting convened as needed;

    (C) provide review comments;

    (D) the administrative reconsideration matters such as conciliation, mediation of administrative reconsideration;

    (E) supervise the administrative agencies should be sued;

    (Vi) other duties stipulated by laws and administrative regulations.

    Article fourth full-time administrative review officers shall meet the following conditions:

    (A) integrity, honesty, good character;

    (B) have a legal professional education;

    (C) work in the Securities and futures industry for more than 2 years or obtain a legal, accounting and other professional qualifications;

    (D) other conditions stipulated by laws and administrative regulations.

    Fifth Committee of the China Securities Regulatory Commission to establish the administrative reconsideration, review major complex cases of administrative review.

    Major administrative litigation cases, administrative review can be submitted for discussion in the Committee.

    Article sixth of China Securities Regulatory Commission through an appropriate form published scope of administrative review cases, the jurisdiction of the China Securities Regulatory Commission is admissible, an application for administrative reconsideration of style, the administrative review proceedings on cases, and accepts application for administrative reconsideration addresses, fax numbers, and so on.

    Chapter II scope of administrative reconsideration

    Article citizens, legal persons or other organizations against the China Securities Regulatory Commission or its agencies, authorized by specific administrative acts, any of the following circumstances, may apply to the China Securities Regulatory Commission on administrative reconsideration:

    (A) made by the China Securities Regulatory Commission or its agency warnings, fines, confiscation of illegal earnings, ordered closed down, qualifications or the qualifications, suspended or revoked business licenses and revoked business licenses, refuses to accept the decision on administrative penalty;

    (B) made by the China Securities Regulatory Commission or its agency securities and futures market into the decision;

    (C) made by the China Securities Regulatory Commission or its agency freezing, seizure, refuses to accept the compulsory administrative measures such as restricted trading;

    (D) restrictions on the China Securities Regulatory Commission or its Agency operations, branches within the deadline to withdraw, restrict dividends, restrictions on transfer of property, order to limit shareholders ' exercise of shareholders ' rights and ordered to change directors, supervisors, senior management or refuses to accept the restrictions of their rights, such as administrative controls;

    (E) that the China Securities Regulatory Commission or its agencies, authorized violations of their legitimate business ownership;

    (Vi) that meets the statutory requirements, apply for securities and Futures matters under administrative license, the China Securities Regulatory Commission or its agency is not in accordance with the law;

    (VII) think the China Securities Regulatory Commission or its agencies in specific administrative acts of Government information disclosure work violations of their legitimate rights and interests;

    (VIII) that the China Securities Regulatory Commission or its agencies, authorized the Organization of other violations of the legitimate rights and interests of a specific administrative act.

    Article eighth of China Securities Regulatory Commission or its agency, authorized the following acts do not belong to the scope of administrative reconsideration applications:

    (A) the China Securities Regulatory Commission or its agency, administrative sanctions, authorized the Organization to its staff and other personnel decisions;

    (B) the organization authorized by the China Securities Regulatory Commission or its agencies, the Securities and Futures made civil dispute mediation Act;

    (C) by the China Securities Regulatory Commission or its agency administrative mediation and administrative reconciliation;

    (D) administrative guidance is not enforceable securities and Futures Act;

    (E) the China Securities Regulatory Commission or its agency of citizens, legal persons or other organizations to file a complaint of duplicate handling;

    (F) the Securities and futures exchanges or according to the self-regulatory rules of the Securities and futures industry association, on the decisions made by citizens, legal persons or other organizations;

    (VII) on the citizens, legal person or other organization does not have a practical impact on the rights and obligations.

    Chapter III application for administrative reconsideration

    Nineth, in accordance with the administrative review law, the implementation of the administrative reconsideration law regulations, as well as the way to bring an application for administrative reconsideration of citizens, legal persons or other organizations are administrative reconsideration of the applicant.

    Article tenth according to the regulations for the implementation of the administrative reconsideration law seventh section may apply for administrative reconsideration, the applicant shall also submit to the administrative reconsideration institutions of joint-stock enterprises shareholders, on behalf of the shareholders, the Board of Directors of the power of attorney may apply for administrative reconsideration and resolution.

    11th as a third party application to the administrative reconsideration institutions participate in the administrative reconsideration, shall certify and examined the specific administrative act interested.

    Review by the administrative reconsideration bodies agreed to or that a third party is necessary to participate in the administrative reconsideration, administrative reconsideration bodies may provide written notice to the third party.

    Does not participate in the administrative reconsideration of the third party, without prejudice to the administrative review hearing of the case.

    12th applicant, the third party agent submitted a power of attorney to the administrative review body shall contain the following:

    (A) the name or the name of the delegate, the client is a legal entity or other organization, and shall set forth the name of the legal representative or principal responsible person, position;

    (B) the agent's name, ID number, place of work, address, zip code, and telephone contact;

    (C) the matters entrusted and the Agency;

    (D) the agent to initiate, change, withdraw an application for administrative reconsideration, participating in mediation in administrative reconsideration, administrative reconsideration of reconciliation, participation in the administrative review hearing, to submit evidence, receiving administrative review of legal instruments, such as delegate permissions;

    (E) the commissioning dates and delegate signature or seal.

    Submit a power of attorney shall provide proof of principal and agent, to participate as an lawyer acting for administrative review shall also provide lawyer's practice certificate.

    13th applicants to the China Securities Regulatory Commission or its agency, authorized the Organization of specific administrative acts may apply for administrative reconsideration, the specific administrative act of China Securities Regulatory Commission or its agency, authorized organizations is the respondent.

    The China Securities Regulatory Commission or its agency delegate specific administrative act of other organizations, the China Securities Regulatory Commission or its agency is the respondent.

    14th the applicant on two or more agencies specific administrative act undertaken or authorized organizations may apply for administrative reconsideration, the joint agency or organization to formulate specific administrative acts are common on the respondent.

    15th agencies or other organizations in accordance with the laws, administrative regulations, rules and regulations, by the China Securities Regulatory Commission approved the specific administrative act, the China Securities Regulatory Commission is the respondent.

    Fourth administrative review accepted

    16th to 18th in line with the implementation of the administrative reconsideration Law Ordinance, the provisions of article 28th is an administrative reconsideration application for administrative reconsideration of admissibility, since the date of receipt of the administrative reconsideration shall be entertained.

    Administrative reconsideration institutions received administrative reconsideration application of date, belongs to applicants face to face submitted of, by administrative reconsideration institutions handling people in applications Shang indicate received date, and by submitted people signed confirmed; belongs to directly from post channel charged or other units, and sector turned to of, by administrative reconsideration institutions sign confirmed; belongs to applicants to fax way submitted of, to administrative reconsideration institutions received fax of day for associate.

    17th, in line with the provisions of the regulations for the implementation of the administrative reconsideration law article 29th of, administrative reconsideration institutions can receive an application for administrative reconsideration 5th by notice in writing to the applicant of the date correction, any of the following circumstances is an administrative reconsideration application materials are incomplete or unclear:

    (A) in accordance with the regulations for the implementation of the administrative reconsideration law article 19th of (a) provision of basic situation of the applicant;

    (B) no identity document of the applicant;

    (C) no explicit respondent;

    (D) administrative review request was not specific, is not clear;

    (E) the Agency applied for reconsideration of incomplete or clearly right;

    (Vi) is not in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 21st provided supporting documents;

    (VII) other administrative reconsideration application materials are incomplete or unclear situations.
After the applicant receives notification of the correction, without any justified reason, the time limit is not correct, as a waiver application for administrative reconsideration.

    18th applicant take fax an application for administrative reconsideration, administrative reconsideration bodies may require the applicant, in accordance with the regulations for the implementation of the administrative reconsideration law article 29th of the provisions of article 17th of this approach, additional application materials of the original.

    19th administrative reconsideration application materials are incomplete or unclear, or fax to present an application for administrative reconsideration, administrative reconsideration original copy of a written notice to the applicant to submit corrections or, before the review period shall, upon receipt of the corrected application for administrative reconsideration of materials or the date of the original.

    20th of the following circumstances are not considered applying for administrative reconsideration, administrative reconsideration bodies may inform the applicant processing results or transferred to other agencies and inform the applicant of:

    (A) of individual violations of the China Securities Regulatory Commission staff reports and complaints;

    (B) does not involve specific administrative acts by the CSRC, and only disagrees with the China Securities Regulatory Commission regulations or normative documents;

    (C) the findings of fact, application of administrative penalty according to, type of punishment, penalty or punishment procedures, and so there were no objections, only because of financial difficulties, penalty tax reduction and exemption, the request;

    (D) requests to answer legal, administrative rules and regulations;

    (E) other on behalf an application for administrative reconsideration, complaint complaint cases.

    Chapter fifth administrative review hearing

    Section I administrative review responses

    21st administrative reconsideration institutions shall from the date of accepting an application for administrative reconsideration within 7th administrative review replies notification, copy of the application for administrative reconsideration or administrative reconsideration application record copies and the applicant to submit evidence, relevant material sent a copy of the application or the original host Department.

    22nd is the applicant or the original host Department shall receive a copy of the application or from the date of application copies of transcripts in the 10th, administrative review to the administrative reconsideration bodies respond to submissions, and submitted the original specific administrative act, the totality of the evidence, evidence and other relevant material.

    Reply submissions of administrative reconsideration shall set forth the following:

    (A) the respondent to impose a specific administrative act by the findings of fact, evidence and the applicable law, administrative regulations, rules and regulatory documents, statement of relevant facts should be marked with the appropriate evidence and sources of evidence;

    (B) the applicant an application for administrative reconsideration in the presentation of facts and reasons to reply one by one and make the appropriate burden of proof;

    (C) of the specific administrative act to maintain, change, revoke or confirm the illegal, it is recommended that rejected an application for administrative reconsideration, administrative reconsideration conciliation conclusions;

    (D) a written response time.

    The respondent or the host departments shall, in accordance with the requirements of administrative law enforcement files bound in a separate administrative review responses submitted evidence files, and clear scope of the applicant or the third party may have access to the case file.

    Section II administrative review hearing

    23rd General administrative review cases by the body responsible for the review and reconsideration of administrative reconsideration; major complex cases of administrative review, reviewed by the administrative review bodies for the attention of the Administrative Review Committee, by the administrative review board for reconsideration. Administrative review mechanism to review reconsideration cases, there must be 2 or more administrative review personnel. Administrative Review Committee through the Committee of review of administrative reconsideration cases.

    The reconsideration of the Board's composition and working rules stipulated separately.

    Review 24th case officers or attending the meeting members have an interest in the case or if there are other relationships may affect the impartiality of administrative review cases before, and should be avoided.

    25th for the complicated facts of the case, the applicant and the evidence submitted by the applicant in respect of the same facts are inconsistent or deemed necessary by the administrative reconsideration, administrative reconsideration bodies may, in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law article 34th to relevant organizations and personnel investigation and evidence collection.

    Administrative reconsideration institutions asking for investigation, interrogation shall be made, signed or stamped by the investigation unit and personnel.

    26th the administrative reconsideration organ provided the necessary conditions to help applicants, third parties have access to the material.

    The applicant, third parties have access to the material shall comply with the following requirements:

    (A) the applicant and the third party written marking to the administrative reconsideration request, marking shall not violate the confidentiality provisions;

    (B) the applicant and the third party shall, in accordance with a specified time range, location and marking inspection;

    (C) the inspection, the applicant or the third party should show identification;

    (D) the applicant and the third party can extract access content;

    (V) the applicant, the third party shall not alter, replace, mutilating, hiding read materials, and so on. The applicant or the third party violates the previous paragraph (e), administrative reconsideration body should immediately terminate access to.

    In serious cases, transferred to the public security organs according to law.

    Section III hearing of administrative reconsideration

    27th applicant, respondent or the original host Department of fact disputes or cases of major complex, administrative reconsideration institutions can take the form of hearing to hear.

    By the applicant at the time of making the original specific administrative act, hearings have been taken or can find out the facts, the evidence in written, administrative reconsideration institutions refrain from hearing proceedings.

    28th administrative reconsideration institutions decided to hold a hearing, in accordance with the following procedures and requirements for:

    (A) the administrative review body should be hearing the time, location, specific requirements such as 3rd advance notice to interested parties;

    (B) the administrative review hearing officer for not less than 3 persons singular and determined by the heads of administrative reconsideration, and 1 of them hearing;

    (C) when the hearing was held, the respondent or the original host Department staff shall provide administrative review responses and the corresponding evidence, based on the applicant, the third party may present evidence and plead and cross-examination;

    (D) a record shall be kept of the hearing, the hearing record shall be signed or sealed after the participants in the hearing confirmed.

    Chapter Sixth administrative review decisions

    29th of administrative reconsideration organs on administrative reconsideration review or reconsideration of the Administrative Review Committee comments, agreed by the heads of administrative reconsideration organs or after collective discussion through, administrative reconsideration decision made by law.

    30th in accordance with the provisions of the 31st article of the administrative review law, any of the following circumstances, can be seen as a complicated case, approved by the head of the administrative body for reconsideration, administrative reconsideration period can be prolonged, but extend the deadline up to 30th:

    (A) the needs of administrative review hearing was held;

    (B) the applicant and the third party raised new facts, justification or evidence for further investigation and verification;

    (C) the applicant and the respondent to reconciliation or mediation of administrative reconsideration;

    (D) the situation is complex, cannot make a reconsideration decision within the time limit specified in other cases.

    Extension of the review period, decided to postpone the notification shall be made, informed the interested parties.

    31st of administrative reconsideration organs decisions of administrative reconsideration shall make a written administrative reconsideration decision, and served on the applicant and any third person, copy to the respondent.

    Administrative reconsideration decision shall indicate the following:

    (A) the applicant and the third basic information: name, gender, place of work and position of natural persons (work and duties), address; name of the legal person or other organization, address, name of the legal representative or principal responsible person, position;

    (B) the name and address of the applicant;

    (C) the application for reconsideration of the request of the applicant, facts and reasons;

    (D) the facts, reason, evidence, and evidence of the applicant replies;

    (E) the findings of fact and the evidence of administrative reconsideration;

    (F) specific reasons and legal basis for the administrative reconsideration decision made;

    (G) the conclusion of administrative reconsideration decision;

    (VIII) the remedy of administrative reconsideration decision;

    (I) the date of the administrative decision.

    Written decision of administrative reconsideration should be stamped with the seal of the administrative body for reconsideration. Article 32nd administrative reconsideration decision is served, shall come into legal effect.

    Administrative reconsideration organs through the portals of the CSRC website, announcement of China Securities Regulatory Commission announced to take effect by way of administrative reconsideration decision.

    Chapter seventh administrative review of conciliation and mediation

    33rd as the respondent agreed that the original host departments, agencies or organizations are authorized and the applicant may, in accordance with the provisions of the regulations for the implementation of the administrative reconsideration law 40th in the administrative reconsideration decision made voluntary settlement and settlement agreement in writing to the administrative review bodies.

    Settlement agreements shall set forth the administrative reconsideration request, facts, reasons, the terms of the settlement, and settlement outcome.

    Settlement agreement by the applicant and the respondent or the original host department signed or sealed. 34th administrative reconsideration body should the applicant and concrete administrative act filing settlement agreement submitted by the institutions.

    Reconciliation is considered to be both true reconciliation does not harm the public interests and the legitimate rights and interests of others, administrative reconsideration shall permit reconciliation, termination of administrative reconsideration of trial.

    Settlement agreement has been reached within a period of administrative reconsideration, administrative reconsideration shall make a timely administrative review decision.

    35th as administrative reconsideration institutions allowing reconciliation, the applicant and the respondent shall perform the settlement.

    36th under any of the following circumstances, the administrative reconsideration organ can mediate:

    (A) a citizen, legal person or other organization to Chinese exercise of the Commission's discretion to apply for administrative reconsideration of specific administrative acts;

    (B) the compensation or executive compensation disputes.

    37th mediation shall conform to the following requirements:

    (A) identification of the facts of the case, fully respecting the will of the applicant and the respondent;
(B) mediation shall be in accordance with the principle of voluntary, legal, the result of the conciliation shall be without prejudice to national interests and public interests or the legitimate rights and interests of others.

    Article 38th of the applicant and the respondent reached an agreement through mediation, administrative body for reconsideration shall make a written administrative reconsideration, mediation.

    Administrative review the conciliation statement shall contain the following:

    (A) the basic situation of the applicant: name, gender, place of work and position of natural persons (work and duties), address; name of the legal person or other organization, address, name of the legal representative or principal responsible person, position;

    (B) the name and address of the applicant;

    (C) the applicant may apply for administrative reconsideration, fact and reason for the request;

    (D) the facts, reason, evidence, and evidence of the applicant replies;

    (E) basic conditions of conciliation;

    (F) the mediation agreement the main content and the result of the conciliation;

    (VII) the applicant, the obligations of the respondent to perform mediation;

    (VIII) date. Mediation should be stamped with the seal of administrative reconsideration of administrative reconsideration. Administrative review mediation agreement signed or sealed by the applicant and respondent, shall have the force of law.

    The applicant and the respondent shall perform the effective mediation of administrative reconsideration.

    Eighth chapter administrative reconsideration guidance and supervision

    39th administrative reconsideration organs during the administrative review found administrative illegality or need to do remedial work, and so on, can be the applicant or the original host Department to make administrative review submissions, and reported to the CSRC departments.

    Administrative review submissions undertaken by a specific administrative review bodies, should include a specific administrative act issues, views identifying facts, grounds, and basis, reform.

    The respondent or the original host Department shall receive administrative review within 60 days of the date of submission will correct the related administrative violations, improving law enforcement or administrative review of the rehabilitation of the report body.

    No rectification for problems leading to repeated illegal, administrative reconsideration organs will be informed.

    40th administrative reconsideration bodies found during the administrative review law, administrative regulations and rules in the implementation of the general issue to the legislature or other relevant administrative organs to improve the legislative proposal.

    Administrative reconsideration of proposals should include legal, administrative rules and regulations and other existing problems, related facts, grounds, and basis, recommendations and so on.

    41st the CSRC shall establish a statistical report of administrative reconsideration system regularly on administrative reconsideration and administrative litigation case analysis, research, summary of work experience and lack of suggestions for improvement.

    42nd administrative review officers shall participate in at least 2 times a year on administrative reconsideration bodies or business training business units organized by the CSRC regulation, improve the professional quality of administrative reconsideration.

    Business training include the following:

    (A) training for administrative reconsideration and administrative litigation;

    (B) securities and Futures case investigations, proceedings and other business training;

    (C) training for day-to-day supervision of securities and futures and innovation;

    (D) relates to political and economic theory of the Securities and futures market regulatory training.

    43rd administrative reconsideration institutions for administrative reconsideration and administrative litigation cases outstanding units and individuals, can draw attention to the China Securities Regulatory Commission in accordance with the relevant regulations, recognize and reward.

    Nineth chapter by-laws 44th of administrative reconsideration organs in receiving, examining and deciding an application for administrative reconsideration process, you can use the Special seal for administrative reconsideration.

    In the activities of the China Securities Regulatory Commission on administrative reconsideration, administrative reconsideration of seal and the seal of the administrative body for reconsideration shall have the same legal effect.

    45th, aliens, stateless persons or foreign organizations in the People's Republic of China territory applied to the China Securities Regulatory Commission on administrative reconsideration, application of this approach. 46th article of the rules take effect on July 1, 2010. Released on November 25, 2002 the administrative reconsideration measures of China Securities Regulatory Commission (SFC 13th) repealed simultaneously.