Measures Of China Insurance Regulatory Commission On Administrative Reconsideration

Original Language Title: 中国保险监督管理委员会行政复议办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201004/20100400253025.shtml

Measures of China insurance regulatory Commission on administrative reconsideration

    (January 6, 2010 2010 1th, the China insurance regulatory Commission announced as of March 1, 2010) Chapter I General provisions First article to prevent and corrected illegal of or improper of specific administrative behavior, protection citizens, and corporate and other organization of lawful rights and interests of, guarantees and supervision China insurance supervision Management Committee (following referred to "China CIRC") and the China Circ sent institutions (following referred to "sent institutions") law exercise terms, according to People's Republic of China insurance (following referred to "insurance"), and People's Republic of China administrative reconsideration method (following referred to "administrative reconsideration method"), and

    People's Republic of China regulations for the implementation of the administrative reconsideration law (hereinafter "regulations for the implementation of administrative reconsideration") and other related laws, administrative regulations, and these measures are formulated.

    A citizen, legal person or other organizations that the CIRC or its agency violations of their legitimate rights and interests of the specific administrative act, may, in accordance with laws, administrative regulations and the regulations applying to the China insurance regulatory Commission on administrative reconsideration.

    China insurance regulatory Commission as the administrative body for reconsideration in accordance with the provisions of laws and administrative rules and regulations and these rules, accepts the application for administrative reconsideration, the China insurance regulatory Commission to review the specific administrative act or its agency, administrative reconsideration decision.

    Circ article bodies responsible for legal work as a China insurance regulatory Commission on administrative reconsideration body, specifically handle administrative reconsideration matters, carry out the following functions:

    (A) accepts an application for administrative reconsideration;

    (B) evidence from relevant organizations and researchers, access to documents and information;

    (C) review the specific administrative act may apply for administrative reconsideration is legal and appropriate, the administrative reconsideration decision;

    (D) the processing or transfer to the relevant provisions set out in article seventh review of applications;

    (E) statistics and record major administrative reconsideration decision of administrative reconsideration matters;

    (Vi) acts in violation of these rules in accordance with the limits of authority and procedures to address recommendations;

    (G) supervise the implementation of the decisions of administrative reconsideration;

    (H) the provisions of laws and administrative rules and regulations and CIRC regulatory responsibilities.

    Fourth fulfilling duties of administrative reconsideration of the CIRC, shall follow the principles of lawfulness, fair, open, timely, convenient, and any mistake shall be corrected to ensure correct implementation of laws and regulations.

    Chapter II scope of administrative reconsideration

    Five citizens, legal persons or other organizations to the CIRC or its agency, belonging to the sixth administrative review law provides specific administrative acts, may apply to the China insurance regulatory Commission on administrative reconsideration.

    Article sixth of the CIRC or its agency the following acts do not apply for administrative reconsideration:

    (A) to staff administrative or other personnel decisions;

    (B) does not have the force of administrative guidance;

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

    VII article citizens, and corporate or other organization think China Circ or its sent institutions of specific administrative behavior by according to of provides not legal, in on specific administrative behavior application administrative reconsideration Shi, can together to China Circ proposed on the provides of review application; applicants in on specific administrative behavior proposed administrative reconsideration application Shi, is not know the specific administrative behavior by according to of provides of, can in China Circ made administrative reconsideration decided Qian to China Circ proposed on the provides of review application. Provisions of the preceding paragraph shall not apply to regulations.

    Review of the regulations in accordance with the laws and administrative regulations.

    Chapter III application for administrative reconsideration Article citizens, legal persons or other organizations that the CIRC or its agency violations of their legitimate rights and interests of the specific administrative act, you can know the specific administrative act within 60 days from the date an application for administrative reconsideration.

    Except for the application of the legal provisions for more than 60 days.

    Delays due to force majeure or other just cause of statutory application period, reviewed by the administrative reconsideration law is true, barriers continue to run from the date of the application period.

    Nineth apply for administrative reconsideration in accordance with these measures of citizens, legal persons or other organizations are administrative reconsideration of the applicant.

    Citizens of the right to apply for administrative reconsideration, his near relatives may apply for administrative reconsideration.

    Citizens without civil capacity of right to apply for administrative reconsideration or a person with limited civil capacity, their legal representative may apply for administrative reconsideration.

    Right to apply for administrative review of the termination of legal person or other organization that succeeds to its rights of a legal person or other organization may apply for administrative reconsideration.

    Tenth partnership applying for administrative reconsideration shall be approved and registered by the enterprise for the applicant, by a partner of the partnership Affairs on behalf of the company participate in the administrative reconsideration; other partner organizations may apply for administrative reconsideration, applying for administrative reconsideration by the partners.

    Other than those provided for in the preceding paragraph does not have legal personality may apply for administrative reconsideration of other organizations, by the head of the Organization's main representative of the Organization in administrative reconsideration; no principals, representatives of other members elected by the joint participation of the Organization in the administrative review.

    11th Congress of the general meeting of shareholders, the shareholders of joint-stock enterprises, the Board considered the CIRC or its agency specific administrative acts infringing upon the legitimate rights and interests, can on behalf of enterprises applying for administrative reconsideration.

    12th a citizen, legal person or any other organization to Circ specific administrative acts or its agency may apply for administrative reconsideration, the organ of the specific administrative act is to be made to the applicant. 13th and has an interest in applying for administrative reconsideration of specific administrative act of the other citizens, legal persons or other organizations, submitted an application and review by the administrative review bodies to meet the conditions of the third party of administrative reconsideration, administrative reconsideration may participate as a third party.

    Administrative reconsideration institutions can also directly notify such persons as the third participation in the administrative reconsideration. Participate in the administrative review of the third party has the right to propose and take the necessary administrative reconsideration of the claim.

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

    Stakes are referred to in the first paragraph of this article refers to specific administrative act has a legal interest.

    14th the applicant, the third party may appoint one or two agents participate in the administrative review. When you entrust an agent to participate in the administrative reconsideration, shall submit to the administrative reconsideration power of attorney signed by the client and show clients and agents of valid identity documents.

    Power of attorney shall set forth the matters entrusted, permissions, and deadlines. Citizens in special cases, it is not written, oral delegate. Commissioned by the oral, administrative reconsideration should be verified and recorded on the volume.

    Rescission or change of applicant, third, administrative reconsideration shall report in writing.

    15th the applicant may apply for administrative reconsideration, may apply in writing, or orally.

    Applicants may apply for administrative reconsideration in writing and can be submitted in person, by post or fax to present an application for administrative reconsideration.

    Selected oral application of the applicant, the administrative reconsideration institutions shall, in accordance with the provisions of article 16th, made an application for administrative reconsideration on the spot records check or read to the applicant the applicant and signed by the applicant.

    16th the applicant may apply for administrative reconsideration in writing shall set out the following particulars in the application for administrative reconsideration:

    (A) the basic situation of the applicant, including: citizens ' names, gender, age, social security number, place of work, address, and postal code; legal person or other organization names, addresses, postal code and name of the legal representative or principal responsible person, position;

    (B) the name of the applicant;

    (C) the request for reconsideration;

    (D) the main facts and reasons may apply for administrative reconsideration;

    (E) the signature or seal of the applicant;

    (F) the date of application for administrative reconsideration.

    17th claimant to the CIRC or its agency specific administrative acts can be directly applied to the China insurance regulatory Commission on administrative reconsideration or proposed by the Agency.

    Applicant made orally to the Agency an application for administrative reconsideration, agencies shall, in accordance with the provisions of paragraph III of this article 15th, making an application for administrative reconsideration record the applicant check or advice to the applicant read and signed by the applicant.

    Agency shall acknowledge receipt of an application, an application for administrative reconsideration or make an application for administrative reconsideration record the date in the 7th, refer the applicant an application for administrative reconsideration of China insurance regulatory Commission, and inform the applicant.

    18th under any of the following circumstances, the applicant shall provide evidence:

    (A) that the applicant fails to perform the statutory duties of, had asked to be provided to perform the statutory duties of the applicant and the respondent failed to carry out the supporting documents;

    (B) the provisions of laws and regulations require the applicant to provide documentary evidence of the other.

    19th the applicant applied to the China insurance regulatory Commission on administrative reconsideration, the China insurance regulatory Commission has accepted the statutory administrative reconsideration of the applicant within the time limit shall not bring a lawsuit; applicant filed a suit before the administrative litigation, has been accepted by the peoples Court shall apply for administrative reconsideration.

    Fourth administrative review accepted 20th administrative reconsideration institutions shall on receipt of the applicant's or agency referred an application for administrative reconsideration within 5th of review does not comply with the law on administrative reconsideration, administrative reconsideration regulations and admissible under these rules an application for administrative reconsideration, decided to reject the complaint, and inform the applicant in writing.

    To comply with the law on administrative reconsideration, administrative reconsideration regulations and admissible under these rules an application for administrative reconsideration, administrative reconsideration shall be accepted from the date of receipt. 21st administrative reconsideration application materials are incomplete or unclear, the administrative reconsideration institutions can receive an application for administrative reconsideration 5th by notice in writing to the applicant of the date correction. Correction notice shall set forth the matters requiring correction and reasonable correction period. Without any justified reason, the time limit is not corrected, treated as abandoned an application for administrative reconsideration of the applicant.
Correct application materials used are not included in the administrative review hearing expires.

    Applicants take fax an application for administrative reconsideration, administrative reconsideration bodies may require the applicant, in accordance with the administrative reconsideration regulations for the implementation of article 29th and the provisions of this article 22nd original supplementary submission of application materials.

    Of the 22nd under any of the following circumstances is an administrative reconsideration application materials are incomplete or unclear:

    (A) these measures are not in accordance with the 16th paragraph (a) provides basic information of the applicant;

    (B) no specific respondent;

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

    (D) incomplete or permission of the Agency is not clear;

    (V) not in accordance with the provisions of article 18th provide supporting materials;

    (Vi) other administrative reconsideration application materials are incomplete or unclear situations.

    23rd administrative reconsideration application materials are incomplete or unclear, or fax to present an application for administrative reconsideration, administrative reconsideration institutions inform the applicant in writing correct application or submission of original material, accepts the application for review period after the receipt of the correction of material or the date of the original application materials.

    Article 24th of the following circumstances are not considered applying for administrative reconsideration, administrative reconsideration can be transferred to other agencies and inform the applicant of:

    (A) on the CIRC or its agency staff individual reports, complaints of violations;

    (B) on behalf of the other application for administrative reconsideration, complaint complaint cases.

    25th during a specific administrative act for reconsideration does not stop execution, but any of the following circumstances, you can stop the execution:

    (A) be deemed necessary to stop execution;

    (B) the CIRC deems it necessary to suspend;

    (C) the applicant ceases to perform, the China insurance regulatory Commission that its claim, suspension of execution is decided;

    (D) suspension of execution of legal provisions.

    Chapter fifth administrative review decisions Article 26th in principle for a written review of administrative reconsideration. But the applicant requested or deemed necessary by the administrative reconsideration, administrative reconsideration institutions can contribute to the relevant organizations and personnel to investigate the situation, listen to the views of the applicant and the respondent and the third party.

    Grave and complex cases, administrative reconsideration institutions can take the form of hearing to hear.

    Site inspection, site inspection time not included in the trial period of administrative review. 27th administrative reconsideration institutions shall from the date of filing of administrative reconsideration in the 7th, the copy of the application for administrative reconsideration or administrative reconsideration request copies of transcripts sent by the applicant.

    Being the applicant shall receive a copy of the application or from the date of application copies of transcripts in the 10th, to administrative review bodies to submit a written reply in duplicate and submit to impose a specific administrative act evidence, evidence and other relevant material.

    The China insurance regulatory Commission is the respondent, the specific administrative act is sponsored by the China insurance regulatory Commission submitted written replies and submitted the original specific administrative act evidence, evidence and other relevant material.

    28th's written response was submitted by the applicant shall specify the following:

    (A) the name and address of the applicant;

    (B) the respondent to impose a specific administrative act by the findings of fact, evidence and are based on the provisions, a statement of the relevant facts should be marked with the appropriate evidence and sources of evidence;

    (C) the applicant an application for administrative reconsideration in the presentation of facts and reasons for their reply and make the appropriate burden of proof;

    (D) conclusions;

    (E) make a written reply to the year, month, day, and stamped with the seal of the agency or Department.

    29th the applicant and the third party may have access to the respondent's written reply, the giving of evidence, based on the specific administrative act, and other related materials, in addition to involve State secrets, business secrets or personal privacy, the CIRC may not refuse.

    Applicant and the third party access, in accordance with the following procedures and requirements:

    (A) the administrative reconsideration request within the time limits, access applications, and handle the relevant inspection procedures;

    (B) in the check out process, shall not be altered, replaced, damaged, check out occult material;

    (C) agreed by the administrative review body, can extract access content.

    30th the applicant and the third party in the administrative review process of the need for supplementary explanations of the written replies submitted by the applicant, within a reasonable period of time should be specified in the administrative reconsideration institutions to submit written comments, and overdue, administrative reconsideration institutions can not be accepted.

    31st in the administrative review process, the respondent to the applicant and any other relevant organizations or individuals is not allowed to collect evidence.

    32nd administrative reconsideration decision is made, the applicants to withdraw an application for administrative reconsideration, with justification, may be withdrawn.

    Applicant withdraws the application for administrative reconsideration shall apply for administrative reconsideration on the same facts and grounds.

    Article 33rd during administrative review one of the following circumstances, affect the administrative reconsideration cases, suspension of administrative reconsideration:

    (A) the administrative reconsideration law stipulated in article 26th and 27th;

    (B) the administrative reconsideration regulations article 41st case.

    Reasons for terminating the administrative review is eliminated, and recovery of administrative review cases processed without delay.

    The administrative reconsideration suspension, restoration of administrative review cases heard, and shall inform the parties concerned.

    Article 34th during administrative review the administrative reconsideration regulations article 42nd case, termination of administrative reconsideration.

    35th the applicant, the respondent and the third party believes that the reconsideration staff member has an interest in the case or if there are other relationships may affect the impartiality of review cases heard, the right to apply for review staff members to withdraw.

    Review staff consider themselves and have an interest in the case or if there are other relations, shall apply for withdrawal. Reconsideration of staff avoided by the Executive Head of the reconsideration decision.

    Withdrawal of the administrative review bodies decided by the head of the China insurance regulatory Commission.

    36th under any of the following circumstances, the China insurance regulatory Commission decided to dismiss an application for administrative reconsideration should be:

    (A) the applicant considers that the applicant fails to perform the statutory duties shall apply for administrative reconsideration, the China insurance regulatory Commission found that after accepting the respondent does not have a corresponding legal responsibilities or in the complaint before the fulfilment of statutory duties;

    (B) after accepting an application for administrative reconsideration, and found that the application does not comply with the administrative reconsideration of administrative reconsideration law, administrative reconsideration is admissible under the implementation of the Ordinance and these rules.

    37th administrative reconsideration body should conduct a review of specific administrative act of the respondent comments, once agreed by the head of the China insurance regulatory Commission or the collective discussion by, the China insurance regulatory Commission administrative reconsideration decision made in accordance with the following provisions:

    (A) the specific administrative act, the facts are clearly ascertained, is conclusive, the application properly, procedure, as appropriate, decides to maintain;

    (B) the applicant fails to perform the statutory duties of, its performed within a certain period;

    (C) the specific administrative act, one of the following circumstances, decided to withdraw, modify or confirm the specific administrative act illegal; decides to revoke or confirm the specific administrative act illegal, may enjoin the respondent new specific administrative act is made within a certain period:

    1, the main facts are not clear and the evidence is insufficient;

    2, the application based on the error;

    3, violation of legal procedures;

    4, exceed or abuse;

    5, improper administrative behavior.

    (D) the respondent is not in accordance with the provisions of the present article 27th written reply, submitted the original specific administrative act evidence, evidence and other relevant material, considered the specific administrative act, there is no evidence, based on, decided to revoke the administrative act. The China insurance regulatory Commission orders the respondent conducted a specific administrative act, the applicant may, on the same facts and grounds and the original specific administrative act the same or essentially the same specific administrative act.

    Be irrevocable except for violation of legal procedures. Article 38th China insurance regulatory Commission shall be made within 60 days from the day of acceptance of the application of administrative reconsideration decision; but the administrative reconsideration law except for less than 60 days.

    Situation is complex, cannot make a reconsideration decision within the prescribed period, approved by the head of the China insurance regulatory Commission, may be appropriately extended, and inform the applicant, the respondent and the third party; but an extension up to 30th.

    39th administrative reconsideration decision made by the CIRC, shall make a written administrative reconsideration decision, and served on the applicant, the respondent and the third party.

    Once the administrative reconsideration decision is served, shall come into legal effect.

    40th article the respondent shall perform the administrative reconsideration decision.

    The respondent fails to perform or unwarranted delay in the fulfilment of administrative reconsideration decision, the China insurance regulatory Commission shall order the respondent to perform within.

    The sixth chapter legal liability

    41st Circ or its agency, the CIRC or its agency staff, in violation of administrative review in the administrative reconsideration law, administrative review of the implementation of the Ordinance and of these regulations, in accordance with the administrative review law 34th to 38th and administrative review provisions of section 62nd, 64th, shall be investigated for legal responsibility.

    42nd refuse or obstruct administrative review officers investigate and collect evidence, check out, copy, or obtain the relevant documents and information, the persons responsible shall be subject to disciplinary action or punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    43rd article China Circ or its sent institutions, and China Circ or its sent institutions staff, violation administrative reconsideration method, and administrative reconsideration implementation Ordinance and this approach provides of, administrative reconsideration institutions can to personnel, and monitored sector proposed on about responsibility personnel of disposition recommends, also can will about personnel illegal of facts material directly transferred personnel, and monitored sector processing; accept transferred of personnel, and monitored sector should law processing, and will processing results informed transferred of administrative reconsideration institutions.

    The seventh chapter by-laws
44th Circ accepts the application for administrative reconsideration shall not charge any fee to the applicant.

    Article 45th administrative review during the period calculated in accordance with the code of civil procedure shall apply.

    This approach during the administrative review of the "5th", "7th" requirement refers to working days, excluding holidays.

    46th administrative reconsideration service of instruments, in accordance with the civil procedure law and regulations of the China insurance regulatory Commission on service.

    47th, aliens, stateless persons or foreign organizations in the People's Republic of China territory applied to the China insurance regulatory Commission on administrative reconsideration, application of this approach.

    48th article of the approach by the China insurance regulatory Commission is responsible for the interpretation.

    49th not specified herein shall apply provisions of the implementing regulations of the law on administrative reconsideration and administrative reconsideration. 50th these measures shall come into force on March 1, 2010. The China insurance regulatory Commission released on July 5, 2001, the China insurance regulatory Commission on administrative reconsideration policy (insurance [2001]2) repealed simultaneously.