People's Republic Of China Administrative Reconsideration Of The Customs Approach

Original Language Title: 中华人民共和国海关行政复议办法

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(On September 25, 2007 Customs makes 166th, announced since on November 1, 2007 up purposes) first chapter General first article to specification customs administrative reconsideration, play administrative reconsideration system in solution administrative dispute, and construction rule of law customs, and building Socialist harmony social in the of role, according to People's Republic of China administrative reconsideration method (following referred to administrative reconsideration method), and People's Republic of China Customs method (following referred to customs method) and People's Republic of China administrative reconsideration method implementation Ordinance     (Hereinafter referred to as regulations for the implementation of the administrative reconsideration law) stipulates that these measures are formulated.     A citizen, legal person or other organizations considered that violations of their legitimate rights and interests of a specific administrative act to submit to the Customs the customs administrative reconsideration customs administrative reconsideration matters and procedures apply.     Article III administrative reconsideration of the Customs authorities at all levels should conscientiously fulfill duties of administrative reconsideration, led and supported the work of the Customs and Excise Department in charge of Legal Affairs Agency (hereinafter referred to as administrative reconsideration of the Customs Agency) in accordance with the law on administrative reconsideration matters, in accordance with the relevant provisions with transfers, enrichment, full-time administrative review personnel, provide financial security for administrative reconsideration of work, guarantee the outstanding ability of administrative reconsideration of the customs bodies commensurate with the task. Fourth article customs administrative reconsideration institutions perform following duties: (a) accepted administrative reconsideration application; (ii) to about organization and personnel survey forensics, check out file and information, Organization Administrative reconsideration hearing; (three) review was application administrative reconsideration of specific administrative behavior whether legal and appropriate, developed administrative reconsideration decided, presided over administrative reconsideration mediation, review and allowed administrative reconsideration reconciliation; (four) handle customs administrative compensation matters; (five) in accordance with administrative reconsideration method 33rd article of provides,     Handle customs administrative reconsideration decided of law forced implementation or application Court forced implementation matters; (six) processing or transferred applicants in accordance with this approach 31st article proposed of on about provides of review application; (seven) Guide, and supervision subordinate customs of administrative reconsideration work, in accordance with provides proposed reconsideration views; (eight) on subordinate customs and sector and staff violation administrative reconsideration method, and administrative reconsideration method implementation Ordinance and this approach provides of behavior in accordance with provides of permission and program proposed processing recommends;     (Nine) handle or organization handle refuses to customs specific administrative behavior filed administrative litigation of sued matters; (ten) handle administrative reconsideration, and administrative should v, and administrative compensation case statistics and record matters; (11) research administrative reconsideration process in the found of problem, timely to about organ and sector proposed recommends, major problem timely to administrative reconsideration organ report; (12) other and administrative reconsideration work about of matters.     Fifth article full-time engaged in customs administrative reconsideration work of personnel (following referred to administrative reconsideration personnel) should has following conditions: (a) has civil servants identity; (ii) has good of political, and business quality; (three) University legal professional graduated or University non-legal professional graduated has legal professional knowledge; (four) engaged in customs work 2 years above; (five) by exam assessment qualified made Customs issued of survey card.     Administrative reconsideration of the Customs authorities at all levels should be supported and encouraged to sit for the national judicial examination of administrative reconsideration; solicitor or legal profession qualification customs staff will be given priority as administrative review officer.     Sixth administrative review officers shall enjoy the following rights: (a) shall perform the duties of administrative review is protected by law, (ii) access to perform their duties should have working conditions; (c) make recommendations on administrative reconsideration of work and (iv) training, (v) laws, administrative regulations and other rights prescribed in the customs rules. Administrative reconsideration personnel should perform following obligations: (a) strictly comply with Constitution and legal; (ii) to facts for according to, to legal for criterion trial administrative reconsideration case; (three) loyal to duty, dutifully, honest, justly; (four) law guarantees administrative reconsideration participate in people of lawful rights and interests of; (five) conservative national secret, and commercial secret, and customs work secret and personal privacy; (six) maintenance national interests, and social public interests, maintenance citizens, and corporate or other organization of lawful rights and interests of; (seven) legal, and line     Regulatory and other obligations prescribed in the customs rules.     Seventh administrative reconsideration of the customs authority to perform the administrative duty of reconsideration shall follow the principles of lawfulness, fair, open, timely, convenient, and adhere to the law and mistakes must be corrected to ensure correct implementation of laws, administrative regulations and Department rules.     Article eighth administrative reconsideration of the Customs authorities shall, through bulletin boards, bulletin boards, custom portals and other forms of access, made the Customs jurisdiction of the scope of administrative reconsideration cases, acceptance conditions, an application for administrative reconsideration of style, the administrative review proceedings on cases and decided to implement procedures of administrative reconsideration matters.     Administrative reconsideration of the Customs authorities shall establish and publish administrative reconsideration cases handled by the query mechanism to help applicants, third parties timely understanding and its administrative review information related to rights and obligations.     Administrative reconsideration of the customs bodies shall be the applicant, the third man on the administrative reconsideration is admissible, ways of hearing and deadline, the giving of reasons for administrative reconsideration decision and basis, implementation of the decisions of administrative reconsideration questions of administrative reconsideration matters to be explained. Second chapter customs administrative reconsideration range Nineth article has following case one of of, citizens, and corporate or other organization can to customs application administrative reconsideration: (a) on Customs made of warning, fine, confiscated goods, and items, and transport tool and special equipment, recovered cannot confiscated of goods, and items, and transport tool of equivalent price, confiscated illegal proceeds, suspended engaged in about business or practice industry, revoked registered registration, canceled customs practitioners qualification and he administrative punishment decided refuses to of; (ii) on Customs made of collection about goods, and Items, and illegal proceeds, and transport tool, and special equipment decided refuses to of; (three) on Customs made of limit liberty of administrative forced measures refuses to of; (four) on Customs made of detained about goods, and items, and transport tool, and books, and single card or other property, sealed about import and export goods, and books, and single card, administrative forced measures refuses to of; (five) on Customs charged guarantees of specific administrative behavior refuses to of; (six) on Customs take of forced implementation measures refuses to of; (seven) on Customs determine tax obligations people, and Determine-paid price, and commodity classified, and determine origin, and applies tax or exchange rate, and reduction or exemption tax, and collection, and rebate, and levy late fees, and determine meter levy way and determine tax locations, other involved tax levy of specific administrative behavior has objections of (following referred to tax dispute); (eight) think meet statutory conditions, application customs handle administrative license matters or administrative approval matters, customs not law handle of; (nine) on customs check transport tool and places, identification goods, and     Items or take other regulatory measures refuses to of; (ten) on Customs made of ordered back shipped, and not release, and ordered corrected, and ordered demolished and sold, administrative decided refuses to of; (11) on customs inspection decided or other inspection specific administrative behavior refuses to of; (12) on Customs made of enterprise classification decided and according to the classification decided for management of measures refuses to of; (13) think customs not law take intellectual property protection measures, or on Customs take of intellectual property protection measures refuses to of;     (14) think customs not law handle accept customs, and release, customs procedures of; (15) think customs illegal charged delay reported gold or other costs, illegal requirements perform other obligations of; (16) think customs no law perform protection personal right, and property right of statutory duties of; (17) think customs in government information public work in the of specific administrative behavior violations its lawful rights and interests of of; (18) think customs of other specific administrative behavior violations its lawful rights and interests of of.     The preceding paragraph (VII) provision of tax controversy matters, citizens, legal persons or other organizations should be based on the provisions of the Customs Act to the administrative reconsideration of the customs authority may apply for administrative reconsideration, refuses to accept the decision on administrative reconsideration of the customs, then filed a suit before the administrative litigation.     The tenth article customs staff appeal against the disposition or other personnel decisions to the customs in accordance with the relevant laws and administrative regulations of the, these procedures do not apply.     Section I of chapter III applications for administrative reconsideration of the Customs applicant and 11th of the third party in accordance with this Regulation may apply for administrative reconsideration of a citizen, legal person or other organization are the administrative reconsideration of the Customs applicant.     12th Strip citizens of the right to apply for administrative reconsideration, his near relatives may apply for administrative reconsideration.     13th right to termination of legal persons or other organizations may apply for administrative reconsideration, under the rights of citizens, legal persons or other organizations may apply for administrative reconsideration.     Legal persons or other organizations to implement customs law after the merger, Division or reorganization, customs as the legal person or organization, as the Parties shall receive administrative punishments and as to his rights and obligations of the legal person, organization of the person subjected to execution, the person can apply for administrative reconsideration in their own name.     During the 14th administrative reconsideration, administrative reconsideration of the customs bodies other than the applicant of the citizens, legal persons or other organizations are examined and have an interest in the specific administrative act, it shall notify it as a third party to the administrative review. During the administrative review, applicants other than the citizens, legal persons or other organizations examined customs have a stake in a specific administrative act, may apply to the administrative reconsideration of the customs body as a third party to the administrative review.     As a third party to the administrative review of the application, it should be examined customs have a stake in a specific administrative act burden of proof.     Notice or consent, third party administration for reconsideration, shall draw up a notice of the third party to the administrative review, served on a third person.     Does not participate in the administrative reconsideration of the third party, without prejudice to the administrative review hearing of the case.     15th the applicant, the third party may appoint 1 or 2 agents to participate in the administrative review. Entrusts an agent to participate in the administrative reconsideration, administrative reconsideration of the customs agencies submit a power of attorney should be. Authorized attorney should contains Ming following matters: (a) delegate people name or name, client for corporate or other organization of, also should contains Ming statutory representative people or main head of name, and positions; (ii) agent name, and gender, and age, and career, and address and the postal code; (three) delegate matters and agent during; (four) agent on behalf of filed, and change, and withdrawn administrative reconsideration application, and participate in administrative reconsideration mediation, and reached administrative reconsideration reconciliation, and participate in administrative reconsideration hearing, and submitted evidence material, and     Receiving administrative review of legal instruments, such as delegate permissions; (e) principal signature date and the principal. Citizens in special cases, it is not written, oral delegate.     Citizens commissioned by oral, administrative reconsideration of the customs bodies shall verify and record the volume.     Rescission or change of applicants, third parties, shall make a written report on administrative reconsideration of the customs body.     Section II by the applicant and the administrative body for reconsideration 16th citizens, legal persons or other organizations to the specific administrative act undertaken to customs in accordance with this Regulation may apply for administrative reconsideration, the customs of a specific administrative act is to be made to the applicant.     17th on the specific administrative act undertaken by the customs, custom made to the specific administrative act apply for administrative reconsideration on the level of customs.     Specific administrative acts to the General Administration of customs, administrative reconsideration application to the General Administration of customs.     18th two more common specific administrative acts on behalf of, in specific administrative act of the Department for joint applicants, to the common level of Customs may apply for administrative reconsideration.     The 19th article customs jointly with other administrative bodies to formulate specific administrative acts on behalf of, customs and other administrative authorities for joint applicants, to customs and other common administrative organ at a higher level of the administrative authority applying for administrative reconsideration.     Applicants for customs and other sector specific administrative acts of the State Council, to the General Administration of customs or other departments under the State Council an application for administrative reconsideration, by the General Administration of customs and other departments under the State Council made a decision.     20th in accordance with provisions of laws and administrative regulations, or the customs rules, lower customs superior customs approval is specific administrative acts in their own name in order to make superiors approved by Customs for the respondent.     According to provisions of the customs legislation and related administrative regulations, customs regulations, authorized by subordinate customs chiefs or its authorized subordination customs and Excise was made with the approval of a specific administrative act, with customs as the respondent.     Agency of the article 21st of the Customs authorities, organs or other tissue, laws or administrative regulations authorized, external to formulate specific administrative acts in their own name, to the Customs for the respondent, to the upper-level customs officers may apply for administrative reconsideration of the customs.     22nd article customs section III application for administrative reconsideration period to citizens, legal persons or other organizations to make specific administrative act, apply for administrative reconsideration should be informed of their rights, term of application for administrative reconsideration and the administrative review.     In accordance with the provisions of laws and administrative regulations, or the customs rules, lower customs superior customs approval is specific administrative acts in their own name, to inform superiors approved by customs as the respondent and the corresponding administrative reconsideration organs.     The 23rd citizens, legal persons or other organizations considered that the customs violations of their legitimate rights and interests of a specific administrative act, can know the specific administrative act for administrative reconsideration within 60 days from the date of application. Qian paragraph provides of administrative reconsideration application term in accordance with following provides calculation: (a) spot made specific administrative behavior of, since specific administrative behavior made of day up calculation; (ii) contains Ming specific administrative behavior of legal instruments directly served of, since by served people sign of day up calculation; (three) contains Ming specific administrative behavior of legal instruments law indwelling served of, since served people and witnesses in served back card Shang endorsement of indwelling served of day up calculation; (four) contains Ming specific administrative behavior of legal instruments mailing served of,     Since by served people in post sign single Shang sign of day up calculation; no post sign single of, since by served people in served receipt Shang signature of day up calculation; (five) specific administrative behavior law through announcement form told by served people of, since announcement provides of term expires of day up calculation; (six) was applicants made specific administrative behavior Shi not told about citizens, and corporate or other organization, after added told of, since citizens, and corporate or other organization received added told of notification of day up calculation;     (G) when making a specific administrative act the respondent failed to inform concerned citizens, legal persons or other organizations, but there is evidence to prove that the citizens, legal persons or other organizations to know the specific administrative act, since the evidence prove that it knows the specific date on which the administrative act.     Has the status of a specific administrative act, from the date on which the specific administrative act ended.     Makes a specific administrative act, that shall be to the citizens, legal persons or other organizations was not delivered by the service of legal documents, as a concerned citizen, legal person or other organization does not know the specific administrative act.     Applicant delays due to force majeure or other just cause of statutory application period, barriers continue to run from the date of the application period. 24th article citizens, and corporate or other organization think customs not law perform statutory duties, in accordance with this approach Nineth article first paragraph subsection (eight) items, and subsection (16) items of provides application administrative reconsideration of, administrative reconsideration application term in accordance with following provides calculation: (a) perform duties of term has legal, and administrative regulations or customs regulations of clear provides of, since provides of perform term expires of day up calculation; (ii) perform duties of term no clear provides of, since customs received citizens, and     Legal persons or other organizations for the fulfilment of duties calculated from the application at least 60 days.     Citizens, legal persons or other organizations in an emergency request customs to protect personal rights, property rights, statutory duties, Customs does not comply in a timely manner, an application for administrative reconsideration period is not subject to the provisions of the preceding paragraph.     25th article this approach Nineth article first paragraph subsection (seven) items provides of tax dispute matters, applicants without administrative reconsideration directly to court filed administrative litigation of, Court Law dismissed Hou applicants again to customs application administrative reconsideration of, from applicants prosecution of day up to court dismissed of legal instruments entered into force of day check of during not calculation in application administrative reconsideration of term within, but Customs made about specific administrative behavior Shi has told applicants should first by customs administrative reconsideration of except.     Application for administrative reconsideration of the 26th fourth section applicant may apply for administrative reconsideration in writing, can be submitted in person, by post, fax, e-mail or any other means to submit application for administrative reconsideration.     Administrative reconsideration of the Customs authorities shall, through customs bulletins, Internet portals open for application for administrative reconsideration addresses, fax numbers, email addresses on the Internet to help applicants to select a different way of writing.     27th article applicants written application administrative reconsideration of, should in administrative reconsideration applications in the contains Ming following content: (a) applicants basic situation, including: citizens of name, and gender, and age, and work units, and residence, and ID number, and postal code; corporate or other organization of name, and residence, and postal code and statutory representative people or main head of name, and positions; (ii) was applicants of name; (three) administrative reconsideration requests, and application administrative reconsideration of main facts and reason;     (D) the signature or seal of applicant; (e) the date of application for administrative reconsideration.     28th the applicant orally may apply for administrative reconsideration, administrative reconsideration of the customs bodies shall, in accordance with the provisions of article 27th content, making the administrative reconsideration application record of the applicant on the spot check or read to the applicant, and by its signature. 29th article has following case one of of, applicants should provides corresponding of proved material: (a) think was applicants not perform statutory duties of, provides had application was applicants perform statutory duties of proved material; (ii) application administrative reconsideration Shi together proposed administrative compensation application of, provides by specific administrative behavior against and caused damage of proved material; (three) belongs to this approach 23rd article fifth paragraph case of, provides occurred force majeure or has other due reason of proved material; (four) legal, and     Administrative regulations, require the applicant to provide documentary evidence of the other.     Article 30th staggered when applicants apply for administrative reconsideration of the applicant, change of administrative reconsideration of the customs body shall inform the applicant on the respondent.     Change of the applicant was not included in the administrative review hearing during the term of the applicant.     31st the applicant believes the customs of illegal specific administrative act on the basis of provisions, provisions of articles can be based on the administrative reconsideration law of the seventh, in conjunction with the specific administrative act may apply for administrative reconsideration proposed a review of the provisions apply.     On specific administrative act of the applicant filed an application for administrative reconsideration of fashion do not know the specific administrative act on the basis of provisions of administrative reconsideration of the Customs authorities for administrative review before a decision is made. Fourth chapter administrative reconsideration of the Customs accept the 32nd administrative reconsideration of the customs body after receipt of an application for administrative reconsideration should be reviewed in the 5th. Administrative reconsideration application meet following provides of, should be accepted: (a) has clear of applicants and meet provides of was applicants; (ii) applicants and specific administrative behavior has interest relationship; (three) has specific of administrative reconsideration requests and reason; (four) in statutory application term within proposed; (five) belongs to this approach Nineth article first paragraph provides of administrative reconsideration range; (six) belongs to received administrative reconsideration application of customs administrative reconsideration institutions of duties range; (seven) other administrative reconsideration organ yet accepted same administrative reconsideration Shen     Please, the people's courts have not accepted the same administrative proceedings in respect of the same facts. Meet decided to accept an application for administrative reconsideration of the provisions of the preceding paragraph, shall draw up a notice of an application for administrative reconsideration of the admissibility and the administrative review replies notification of applicant and respondent, respectively. The administrative reconsideration request acceptance notice shall specify the processing time, collegiate or trial personnel, advise the applicant apply for the withdrawal and to apply for the right to hold a hearing.     The administrative reconsideration shall set forth the admissibility of the notice of response dates, submission requirements, and the collegiate officer or case officer inform the applicant the right to apply for the withdrawal. Does not meet the provisions of the first paragraph of this article decided to reject the complaint, shall make a written decision on the administrative reconsideration application as inadmissible, and delivered to the applicant.     Book of the applications for inadmissibility decisions of administrative reconsideration shall set forth the inadmissible reason and legal basis, advise the applicant claimed by other means. 33rd administrative reconsideration application materials are incomplete or unclear, administrative reconsideration of the Customs Agency from the date of receipt of the application for administrative reconsideration 5th corrections by notice in writing to the applicant.     Correction notice shall contain the following particulars: (a) the amendment of administrative reconsideration applications require specific content, (ii) the need to supplement relevant documents the specific types of objects, (iii) the correction period. The applicant shall from the date of receipt of the corrections on the administrative reconsideration of the customs agency within 10th requires corrections of material submitted.     Correct application materials used are not included in the administrative review hearing expires. Applicant fails to rectify without good reason, be deemed a waiver of administrative reconsideration.     Applicants are entitled to within the time limit stipulated in this article 23rd resubmitted an application for administrative reconsideration.     34th the applicant by fax, e-mail, to submit their application for administrative reconsideration, documentary, administrative reconsideration of the customs bodies shall not be submitted in its original grounds to refuse treatment.     Administrative reconsideration of the customs bodies accepted the applicant by fax, e-mail, made after an application for administrative reconsideration, and shall inform the applicant of receipt of the administrative review request notice of acceptance within 10th of submitting original copies of related materials.     Present measures stipulated in article 35th, and belongs to the administrative reconsideration of the Customs accept applications, from the date it received administrative reconsideration of the customs bodies shall be accepted.     Customs administrative reconsideration institutions received administrative reconsideration application of date, belongs to applicants face to face submitted of, by customs 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 customs administrative reconsideration institutions sign confirmed; belongs to applicants to fax or e-mail way submitted of, to customs administrative reconsideration institutions received fax of day or customs Internet e-mail system records of received pieces date for associate. Article 36th in line with these measures, but does not belong to the administrative reconsideration of the Customs shall be transmitted during the period under review the administrative reconsideration of the customs authority that has jurisdiction, and inform the applicant.     Verbal, shall inform the relevant records, and referred to the signature or seal of the applicant on the spot confirmed; writing, administrative reconsideration notice shall be made and delivered to the applicant. The 37th claimant in respect of the same matter to two or more competent may apply for administrative reconsideration of the customs, first receives an application for administrative reconsideration of the Customs to accept and receive an application for administrative reconsideration from the receipt of an application for administrative reconsideration of the customs in the 10th consultation through consultation, which specifies the accepted customs of the common customs at a higher level in the 10th.     Consultation to determine or specify the complaint by customs in time are not included in the administrative review hearing the term. 38th article applicants law proposed administrative reconsideration application, customs administrative reconsideration organ no due reason not accepted of, Shang level customs can according to applicants of application or according to terms first urged its accepted; by urged still not accepted of, should ordered its deadline accepted, and making ordered accepted administrative reconsideration application notice; necessary Shi, Shang level customs also can directly accepted, and making directly accepted administrative reconsideration application notice, served applicants and original customs administrative reconsideration organ.     Department review found administrative reconsideration of the Customs authorities at a higher level shall not accept an application for administrative reconsideration of the decision in accordance with the rules, it should be explained to the applicant. 39th article following case not considered application administrative reconsideration, customs administrative reconsideration organ should give replies, or turned by other organ processing and told applicants: (a) on Customs staff of personal illegal disciplinary behavior for reported, and charged or on Customs staff of attitude style proposed objections of; (ii) on customs of business policy, and job system, and job way and program proposed objections of; (three) on customs efficiency proposed objections of; (four) on administrative punishment finds of facts, and     Applicable law and decision no objection, cannot withstand the requested relief only by economic punishment; (v) customs administrative act is involved, and only disagrees with the customs regulations and other normative documents, and (vi) request to answer legal, the administrative rules and regulations. 40th administrative reconsideration period does not stop execution of specific administrative acts but one of the circumstances prescribed in the administrative reconsideration law of the 21st, you can stop the execution.     Suspension of execution is decided, it shall make a written decision on the specific administrative act execution stops, and served on the applicant, the respondent and the third party.     41st article has following case one of of, customs administrative reconsideration organ can decided merged trial, and yihou a application administrative reconsideration of date for official accepted of date: (a) two a above of applicants on same customs specific administrative behavior respectively to customs administrative reconsideration organ application administrative reconsideration of; (ii) same applicants on same customs of number a same type or has associated sex of specific administrative behavior respectively to customs administrative reconsideration organ application administrative reconsideration of.     The fifth chapter administrative reconsideration of the customs proceedings and decisions section administrative review the 42nd administrative reconsideration of the customs body shall accept an application for administrative reconsideration within 7th day of, will make a written copy of the application for administrative reconsideration or administrative reconsideration request copies and copies of the evidence submitted by the applicant, the relevant material sent by the applicant.     Article 43rd the applicant shall receive a copy of the application or from the date of application copies of transcripts of administrative review in the 10th, the administrative review to the administrative reconsideration of the customs bodies answer book, and had to make a specific administrative act evidence, evidence and other relevant material.     Administrative reconsideration replies book should contains Ming following content: (a) was applicants name, and address, and statutory representative people name and the positions; (ii) was applicants made specific administrative behavior of facts, and evidence, and reason and the legal according to; (three) on applicants of administrative reconsideration application requirements, and facts, and reason article-by-article for reply and necessary of proof; (four) on about specific administrative behavior recommends maintained, and change, and revoked or confirmed illegal, recommends dismissed administrative reconsideration application, for administrative reconsideration mediation, replies views;     (E) response time.     The administrative reconsideration shall bear the seal of the applicant in his reply.     Being relevant evidence submitted by the applicant, grounds, and other related materials should be bound into volumes according to regulations.     44th article customs administrative reconsideration should be submitted upon receipt of the respondent's reply within 7th day of administrative reconsideration, administrative review send a copy of the reply of the applicant.     Article 45th reply by the respondent in cases of administrative reconsideration institutions responsible for Legal Affairs is in charge.     Specific administrative acts to the General Administration of customs to apply for administrative reconsideration of the customs, hosted by the original specific administrative act in matters relating to departments or institutions specifically responsible for the submission of the written answers, and had to make a specific administrative act evidence, evidence and other relevant material. Section II administrative review hearing of the 46th article customs administrative review cases collegiate system for trial. Collegiate staff for not less than 3 persons singular.     Collegiate officer designated by the heads of administrative reconsideration of the customs administrative review personnel or administrative reconsideration of the Customs offices appointed or invited other competent officers. Collegiate staff must not the respondent belongs.    Specific administrative acts to the General Administration of customs to apply for administrative reconsideration of the customs, the original specific administrative acts may not serve as a collegiate Department in charge of personnel staff. Clear facts and case is simpler and less controversial cases of administrative reconsideration of the customs, with or without the application of collegiality, but should consist of 2 or more persons to participate in proceedings of administrative reconsideration.     47th administrative reconsideration of the Customs head shall designate an administrative reconsideration as presiding, specifically responsible for the review of the administrative review the facts of the case and the facts of authenticity and accuracy of applicable law to bear the main responsibility.     Collegiate officer shall, in accordance with the facts as found by the reconsideration, based on the provisions of the relevant laws, administrative regulations and Department rules, collegiate views put forward, and the collegial opinion is right.     48th applicant, respondent or third party considers that the collegiate officer or case officer has an interest in the case or if there are other relationships may affect the impartiality of administrative review cases before, you can apply for collegiate officer or case officer to avoid, and shall state the reason. Collegiate officer or case officer that his relationship with has an interest in the case or if there are other, shall take the initiative to apply for withdrawal.     Head of administrative reconsideration of the Customs Agency also may direct the collegiate officer or case officer to avoid. Administrative reconsideration avoidance decided by the administrative reconsideration of the Customs Heads of persons.     Withdrawal of the head of administrative reconsideration of the Customs Agency decided by the administrative reconsideration of the Customs authorities in charge.     49th administrative review cases before the administrative reconsideration of the customs bodies to the relevant organizations and personnel to investigate the situation, listen to the views of the applicant and the respondent and the third party; administrative reconsideration of the Customs authorities may, when necessary, field investigations and verify evidence; facts are clear, the case is simpler and less controversial cases, can take the form of written examination for trial.     50th administrative reconsideration of the customs bodies to the relevant organizations and personnel survey to obtain evidence, can read, copy, or obtain the relevant documents and information to the relevant persons for questioning. When the investigation, administrative review shall be not less than 2, and should take the initiative to produce the warrant concerned.     Units and personnel under investigation shall coordinate with the administrative reconsideration of work, shall not be denied or obstructed.     Investigations, listen a record shall be kept and signed by both the survey and administrative review personnel confirm. During the 51st administrative reconsideration matters involving special needs identification, the applicant and the third party can be entrusting with appraising the identified institutions, can also apply for administrative reconsideration institutions delegate accreditation bodies for identification. Identification of costs borne by the applicant and the third party.     Identification of time are not included in the trial period of administrative review.     Administrative reconsideration of the customs body may also appoint an accreditation body as it deems necessary for identification.     Identification shall entrust a nationally recognized accreditation body.     52nd required site inspection, site inspection time not included in the trial period of administrative review.     53rd to the applicant, the third party may have access to the respondent's written reply, submission of evidence, based on the specific administrative act, and other related materials, in addition to involving State secrets, business secrets and customs work secrets or personal privacy, administrative reconsideration of the customs body may not refuse, and should be provided to the applicant, third parties have access to the materials necessary.     Conditions of administrative reconsideration of the Customs authorities shall establish special administrative review reception room read or file room, equipped with appropriate monitoring devices. 54th article applicants, and third people check out about material in accordance with following provides handle: (a) applicants, and third people to customs administrative reconsideration institutions proposed marking requirements; (ii) customs administrative reconsideration institutions determine check out time Hou ahead of notification applicants or third people; (three) check out Shi, applicants, and third people should show ID pieces; (four) check out Shi, customs administrative reconsideration institutions staff should presence; (five) applicants, and third people can excerpt check out material of content; (six) applicants, and     Third person shall not alter, damage, removal, remove, add accessible materials.     55th article administrative reconsideration during has following case one of, effect administrative reconsideration case trial of, administrative reconsideration suspended, customs administrative reconsideration institutions should making administrative reconsideration suspended decided book, and served applicants, and was applicants and third people: (a) as applicants of natural people death, its near relatives yet determine whether participate in administrative reconsideration of; (ii) as applicants of natural lost participate in administrative reconsideration of capacity, yet determine statutory agent participate in administrative reconsideration of;     (Three) as applicants of corporate or other organization terminated, yet determine right obligations bear people of; (four) as applicants of natural people unaccounted for or was declared missing of; (five) applicants, and was applicants for force majeure, cannot participate in administrative reconsideration of; (six) case involved legal applies problem, need right to organ made explained or confirmed of; (seven) case trial need to other case of trial results for according to, and other case yet concluded of;     (VIII) the applicant in accordance with article 31st of this approach to the review application of the relevant provisions, customs, the Executive is entitled to treatment according to the period and (IX) other circumstances that require suspension of administrative reconsideration.     Aborted after elimination of the reasons of administrative reconsideration, administrative reconsideration of the customs bodies shall recovery of administrative review cases processed without delay, making the recovery of administrative reconsideration notice of trial, and served on the applicant, the respondent and the third party.     Third section administrative reconsideration hearing 56th article has following case one of of, customs administrative reconsideration institutions can take hearing of way trial: (a) applicants proposed hearing requirements of; (ii) applicants, and was applicants on facts dispute larger of; (three) applicants on specific administrative behavior applies according to has objections of; (four) case major, and complex or dispute of standard of value larger of; (five) customs administrative reconsideration institutions think has necessary hearing of other case.     57th administrative reconsideration of the Customs Agency decided to hold a hearing, the notice of hearing shall be made of the administrative review, will hold a hearing time, location, specific requirements for prior notice to the applicant, the respondent and the third party.     Third person fails to attend the hearing and does not affect the holding of hearings.     Article 58th place of hearing in administrative reconsideration of the customs, can also be held at the seat of the applicant or the applicant.     59th administrative reconsideration hearing shall be held openly, involving State secrets, business secrets, except of Customs work secrets or personal privacy. Administrative review hearing held in private.     By hearing sites and other reasons need to limit the number of audit staff, administrative reconsideration of the customs bodies shall give an explanation.     People are widely concerned, have greater social impact or administrative review cases in favour of legal publicity and education of the public hearings, administrative reconsideration of the customs agency plans to organize the masses to attend, or you can invite the legislature, the judiciary, monitoring Department, Audit Department, public information unit and other units to audit. 60th administrative reconsideration hearing officers for not less than 3 persons singular and determined by the head of administrative reconsideration of the Customs Agency, and specifies one of the hearing.     Hearing can designate a recorder. 61st article administrative reconsideration hearing should according to following program for: (a) by host announced hearing began, and check hearing participate in people identity, and told hearing participate in people of right and obligations; (ii) asked hearing participate in people whether application hearing personnel and records Member avoided, application avoided of, according to this approach 48th article of provides handle; (three) applicants read reconsideration application and described main reason; (four) was applicants for administrative reconsideration application for reply, on made original specific administrative behavior according to of facts, and Reason and legal according to for described, and for proof; (five) third people can described views; (six) applicants, and third people on was applicants of proof can for quality card or proof refuted, was applicants on applicants, and third people of contrary also can for quality card and proof refuted; (seven) requirements witnesses scene testified of, should prior by customs administrative reconsideration institutions agreed and provides witnesses identity, basic situation; (eight) hearing host and other hearing personnel for asked; (nine) applicants, and Was applicants and third people no objections of evidence and proved of facts, by host spot be finds; has objections of and and case processing results about of facts and evidence, by host spot or after by collegiate be finds; (ten) applicants, and was applicants and third people can on case facts, and evidence, and applies legal, for debate; (11) applicants, and was applicants and third people for last statement; (12) by applicants, and was applicants and third people on hearing record content for confirmed,     And signature or seal on the spot; for hearing objections can be corrected on the spot and the signature or seal.     Administrative review hearing and hearing's findings of fact should serve as a basis for administrative reconsideration of the Customs authorities on administrative reconsideration decision.     62nd administrative review participants cannot submit evidence at the hearing by the moderator after the time limit on a case submitted and further investigation, cross-examination or to conduct hearings; participants in the administrative review the evidence presented could not be cross-examined on the spot by the moderator announced that after investigation, cross-examination on the spot or hear again.     Participants in the hearing of administrative reconsideration of proof without evidence or not recognized by the administrative reconsideration of the customs bodies to investigate, administrative reconsideration decision shall be made as evidence.     Fourth section administrative reconsideration with abstract administrative behavior review 63rd article applicants in accordance with this approach 31st article proposed on about provides of review application of, customs administrative reconsideration organ on the provides right to processing of, should in 30th within in accordance with following program processing: (a) Law confirmed the provides whether and legal, and administrative regulations, and regulations phase conflict; (ii) Law confirmed the provides can as was applicants made specific administrative behavior of according to; (three) written told applicants on the provides of review results.     Administrative reconsideration of the Customs authorities shall inform the book making the abstract administrative action review, and served on the applicant and respondent.     64th article customs administrative reconsideration organ on applicants application review of about provides has no right to processing of, should in 7th within according to following program transferred right to processing of superior customs or other administrative organ law processing: (a) transferred right to processing of superior customs of, should report administrative reconsideration about situation, and implementation the provides of about situation, and on the provides applies of views; (ii) transferred right to processing of other administrative organ of, in transferred letter in the should description administrative reconsideration of about situation, and requests confirmed the provides whether legal.     65th competent to deal with the superior customs should be dealt with within 60 days in accordance with the following procedure: (a) confirmed the legality of the provision by law, effective, (b) law confirms that the provisions can be used as specific administrative acts to the respondent based on and (iii) making the review notice abstract administrative behavior, and served on the administrative reconsideration of the Customs authorities, the applicant and the respondent.     66th administrative reconsideration of the Customs authorities in the review by specific administrative act undertaken by the applicant, considers it necessary for the review of administrative acts on the basis of the relevant provisions, in accordance with the 63rd, 64th, 65th of these measures apply.     Fifth administrative review decision 67th case of administrative reconsideration of the customs bodies to deal with views of heads after examination and approval by the administrative reconsideration of the customs authority, administrative reconsideration decision. 68th administrative reconsideration of the customs authority shall, within 60 days from the date of acceptance of the application of administrative reconsideration decision.     But has following situation one of of, by customs administrative reconsideration organ head approved, can extended 30th: (a) administrative reconsideration case case major, and complex, and difficult of; (ii) decided held administrative reconsideration hearing of; (three) by applicants agreed of; (four) has third people participate in administrative reconsideration of; (five) applicants, and third people proposed new of facts or evidence needed further survey of.     Administrative reconsideration of the Customs authorities extend the review period, shall draw up a notice of the extension of the administrative review review period, and served on the applicant, the respondent and the third party.     69th specific administrative act, the facts are clearly ascertained, is conclusive, the application properly, procedure, as appropriate, administrative reconsideration of the Customs authorities shall decide to maintain.     The 70th was the applicant fails to perform the statutory duties of, administrative reconsideration of the Customs authorities shall decide its statutory duty within a certain period.     71st specific administrative act has any of the following circumstances, administrative reconsideration of the Customs authorities shall decided to withdraw, modify or confirm the specific administrative act unlawful: (I) is of unclear facts, insufficient evidence, (ii) applicable according to the error, (iii) violation of legal procedures, (iv) exceed or abuse; (e) the obvious inappropriateness of a specific administrative act.     The 72nd article customs administrative reconsideration decision revoke or confirm the specific administrative act illegal, may enjoin the respondent new specific administrative act is made within a certain period.     The respondent should be in laws and administrative regulations, customs new specific administrative act is made within the time limit prescribed by the regulations; and customs regulations are not prescribed by law, administrative regulations and conduct a new specific administrative act for a period of 60 days.     Citizens, legal persons or other organizations against the respondent conducted a specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.     73rd by the applicant are not in accordance with the provisions of the present article 43rd submission of the written answers, submit the original specific administrative act evidence, evidence and other relevant material, considered the specific administrative act, there is no evidence, based on the administrative reconsideration of the Customs authorities shall decide to revoke the administrative act.     74th has one of the following specific administrative acts, administrative reconsideration of the Customs authorities may decide to change: (a) the facts are clearly ascertained and evidence procedure is legal, but the appearance of impropriety or applicable according to the error; (b) unclear facts, insufficient evidence, but the facts are clearly heard by the administrative reconsideration of the Customs authorities to identify, and substantiated.     The 75th article customs administrative review bodies in the context of requests for administrative review of the applicant shall not be more unfavourable to the applicant's administrative reconsideration decision is made. 76th article customs administrative reconsideration organ according to this approach 72nd article provides ordered was applicants again made specific administrative behavior of, except following case outside, was applicants shall not made on applicants more adverse of specific administrative behavior: (a) not made on applicants more adverse of specific administrative behavior will damage national interests, and social public interests or others lawful rights and interests of of; (ii) original specific administrative behavior applies legal according to errors,     Applies right of legal according to need law made on applicants more adverse of specific administrative behavior of; (three) was applicants identified new of facts, according to new of facts and about legal, and administrative regulations, and customs regulations of mandatory provides, need made on applicants more adverse of specific administrative behavior of; (four) other in accordance with legal, and administrative regulations or customs regulations provides should made on applicants more adverse of specific administrative behavior of.     77th administrative reconsideration of the Customs authorities on administrative reconsideration decision, the administrative reconsideration of decision should be made, and served on the applicant, the respondent and the third party. Administrative reconsideration decided book should contains Ming following content: (a) applicants name, and gender, and age, and career, and address (corporate or other organization of name, and address, and statutory representative people or main head of name, and positions); (ii) third people name, and gender, and age, and career, and address (corporate or other organization of name, and address, and statutory representative people or main head of name, and positions); (three) was applicants name, and address, and statutory representative people name; (four) applicants application reconsideration of requests, and     Facts and reason; (five) was applicants replies of facts, and reason, and evidence and according to; (six) administrative reconsideration finds of facts and corresponding of evidence; (seven) made administrative reconsideration decided of specific reason and legal according to; (eight) administrative reconsideration decided of specific content; (nine) refuses to administrative reconsideration decided to court prosecution of term and specific jurisdiction court; (ten) made administrative reconsideration decided of date.     The administrative reconsideration decision shall bear the seal of administrative reconsideration of the Customs authorities.     The administrative reconsideration decision is served, shall come into legal effect. Administrative reconsideration decided book directly served of, administrative reconsideration personnel should on administrative reconsideration finds of facts, and evidence, and made administrative reconsideration decided of reason, and according to to applicants, and was applicants and third people made description; applicants, and was applicants and third people on administrative reconsideration decided book proposed objections of, except told its to court prosecution of right outside, should on about objections made answers.     The administrative reconsideration decision otherwise served, the applicant and respondent and the third party on the administrative reconsideration decision relating to contested administrative reconsideration of the Customs Agency, administrative review officers should indicate to the applicant, the respondent and the third party.     By the applicant and the third party agrees, administrative reconsideration of the customs authority may, through publications, custom portal Web sites, administrative reconsideration of the Customs Bulletin published by way of entry into force of legal instruments.     78th the administrative reconsideration of decision on the applicant, the respondent and the third person, administrative reconsideration of the Customs authorities find that the administrative reconsideration decision is needed, correct content, but do not affect the substance of the decisions of administrative reconsideration and the administrative reconsideration decision notice of correction should be made and sent to the applicant, the respondent and the third party.     79th article has following case one of of, customs administrative reconsideration organ should decided dismissed administrative reconsideration application: (a) applicants think customs not perform statutory duties application administrative reconsideration, customs administrative reconsideration organ accepted Hou found was applicants no corresponding statutory duties or was applicants in customs administrative reconsideration organ accepted the administrative reconsideration application zhiqian has perform statutory duties of; (ii) customs administrative reconsideration organ accepted administrative reconsideration application Hou, found the administrative reconsideration application not meet accepted conditions of.     Administrative reconsideration of the customs bodies on the level of customs considers that the administrative body for reconsideration dismissed an application for administrative reconsideration of unfounded, should be ordered to restore hearing.     80th applicants before a decision to voluntarily withdraw an application for administrative reconsideration of administrative reconsideration, administrative reconsideration of the customs agencies agreed, may be withdrawn. Applicant withdraws the application for administrative reconsideration shall apply for administrative reconsideration on the same facts and grounds.     However, the applicant can prove that the withdrawal of an application for administrative reconsideration except where contrary to the real intention.     The 81st was change the original specific administrative act of the applicant during the administrative review, but failing to withdraw an application for administrative reconsideration of the applicant, without prejudice to the administrative review hearing of the case.     82nd article administrative reconsideration during has following case one of of, administrative reconsideration terminated: (a) applicants requirements withdrawn administrative reconsideration application, customs administrative reconsideration institutions granted withdrawn of; (ii) as applicants of natural people death, no near relatives or its near relatives gave up administrative reconsideration right of; (three) as applicants of corporate or other organization terminated, its right obligations of bear people gave up administrative reconsideration right of; (four) applicants and was applicants reached reconciliation, and by customs administrative reconsideration institutions allowed of; (Five) applicants on customs limit liberty of administrative forced measures refuses to application administrative reconsideration Hou, for applicants same violations suspected crime, the limit liberty of administrative forced measures change for detention of, or applicants on Customs detained property of administrative forced measures refuses to application administrative reconsideration Hou, for applicants same violations suspected crime, the detained property of administrative forced measures change for criminal seized of; (six) in accordance with this approach 55th article first paragraph subsection (a) items, and subsection (ii) items, and     (C) provision to suspend administrative review, reasons for terminating the full 60-day administrative review have not been eliminated, and (VII) the applicant by fax, e-mail, form after submitting the application for administrative reconsideration within the prescribed period to submit original material.     Termination of administrative reconsideration, administrative reconsideration of the Customs authorities shall make a written decision on the termination of administrative reconsideration, and served on the applicant, the respondent and the third party.     Sixth administrative review of conciliation and mediation article 83rd citizens, legal persons or other organizations against customs laws, administrative regulations or the customs rules provide for discretion the specific administrative act undertaken for administrative reconsideration, administrative reconsideration of the Customs authorities on administrative reconsideration decision, the applicants and the respondent may on a voluntary basis, legal settlement. 84th of the claimant and the respondent reached a settlement, should be submitted to the administrative reconsideration of the Customs Agency a written settlement agreement.     Settlement agreements shall set forth the administrative review results, facts, reason and reach an agreement, and signed or stamped by the applicant and the respondent.     85th administrative reconsideration of the customs bodies shall set forth the applicants and the review of the agreement was submitted by the applicant, the true meaning of reconciliation are the applicant and the respondent, reconciliation does not violate laws, administrative regulations, or the mandatory provisions of the customs rules, without prejudice to the State interests and public interests and the legitimate rights and interests of others, reconciliation should be authorized, and the termination of administrative reconsideration of trial.     Permitted settlement and termination of administrative reconsideration shall at the termination of administrative reconsideration of decision set out in the settlement.     86th allow reconciliation by the administrative reconsideration of the customs authority, the applicant and the respondent shall perform the settlement. 87th as administrative reconsideration of the Customs authorities to allow a settlement and termination of administrative reconsideration, the applicant may apply for administrative reconsideration again on the same facts and grounds, is not admissible.     However, the applicant submitted evidence that settlement violates the principle of voluntary or settlement violates laws, administrative regulations, or except for the mandatory provisions of the customs rules.     88th under any of the following circumstances, administrative reconsideration of the Customs authorities in accordance with the principle of voluntary, legal mediation: (a) citizens, legal persons or other organizations against customs laws, administrative regulations or the customs rules of discretion to apply for administrative reconsideration of specific administrative acts; (b) the dispute over executive compensation, the identification of compensation or executive compensation.     89th article customs administrative reconsideration organ presided over mediation should meet following requirements: (a) mediation should in identified case facts of based Shang for; (ii) customs administrative reconsideration organ should full respect applicants and was applicants of wishes; (three) Organization mediation should followed just, and reasonable principles; (four) mediation results should meet about legal, and administrative regulations and customs regulations of provides, shall not against legal spirit and principles; (five) mediation results shall not damage national interests, and social public interests or others lawful rights and interests of.     Administrative reconsideration of the Customs authorities of the 90th article mediation should be carried out in accordance with the following procedures: (a) request for applicant and respondent agree that willingness to mediate, (ii) by the applicant and the respondent consent began mediation; (c) listen to the views of the applicant and the respondent, (d) proposed mediation plan; (e) reach a mediation agreement. Applicant or respondent put forward during the conciliation does not mediate, mediation shall be terminated.     After the termination of the mediation, the applicant and the applicant once again requested mediation of administrative reconsideration of the customs authority, shall give its permission. 91st of the claimant and the respondent reached an agreement through mediation, administrative reconsideration of the Customs authorities shall make the administrative review of the mediation.     Administrative reconsideration mediation book should contains Ming following content: (a) applicants name, and gender, and age, and career, and address (corporate or other organization of name, and address, and statutory representative people or main head of name, and positions); (ii) was applicants name, and address, and statutory representative people name; (three) applicants application administrative reconsideration of requests, and facts and reason; (four) was applicants replies of facts, and reason, and evidence and according to; (five) administrative reconsideration finds of facts and corresponding of evidence;     (Vi) basic conditions of conciliation; (g) the result of the conciliation and (VIII) of the applicant and the respondent to perform mediation duties (I) dates. The administrative review of the mediation shall be stamped with the seal of administrative reconsideration of the Customs authorities.     The administrative review of the mediation signed or sealed by the applicant and respondent, shall have the force of law.     92nd article applicants and was applicants submitted written reconciliation agreement, and requirements customs administrative reconsideration organ according to reconciliation agreement content making administrative reconsideration mediation book of, administrative reconsideration organ should for review, applicants and was applicants reached of reconciliation agreement meet this approach 89th article subsection (four) items, and subsection (five) items provides of, customs administrative reconsideration organ can according to reconciliation agreement of content according to this approach 91st article of provides making administrative reconsideration mediation book. 93rd mediation no agreement or which go back on administrative review prior to the commencement of mediation.     Administrative reconsideration of the Customs authorities shall make timely administrative review decision.     Seventh administrative review implementation of the decisions of 94th the applicant believes the respondent did not fulfil or unwarranted delay in the fulfilment of decisions of administrative reconsideration, reconsideration of mediation, you may apply for administrative reconsideration of the customs authority ordered the respondent to perform.     Administrative reconsideration of the Customs authorities found that the respondent did not fulfil or unwarranted delay in the fulfilment of decisions of administrative reconsideration, reconsideration of mediation, shall be ordered to make its deadline to fulfil, and making the ordered to fulfil administrative review of notices of decision, serve on the respondent. 95th article applicants in statutory term within not filed administrative litigation and not perform customs administrative reconsideration decided of, according to following provides respectively processing: (a) maintained specific administrative behavior of customs administrative reconsideration decided, by made specific administrative behavior of customs law forced implementation or application Court forced implementation; (ii) change specific administrative behavior of customs administrative reconsideration decided, by customs administrative reconsideration organ law forced implementation or application Court forced implementation.     Administrative reconsideration of the customs organ can also be specified to make customs enforcement of specific administrative act, the designated customs authorities shall promptly report the implementation of administrative reconsideration of the Customs authorities.     96th the applicant fails to perform the administrative reconsideration of mediation, by specific administrative acts of the customs law enforcement or the people's Court for compulsory execution.     The sixth chapter administrative reconsideration of the Customs guidance and supervision of the 97th article customs administrative reconsideration organs should strengthen leadership of the administrative review.     Administrative reconsideration of the customs bodies in accordance with the rights and responsibilities of administrative reconsideration of work supervision, guidance.     98th superior Customs shall strengthen the supervision of subordinate customs discharge the responsibilities of the administrative review, through regular inspections, checks and other means, to examine subordinate administrative reconsideration of the customs, and feedback the results in a timely manner.     Customs the customs or subordinate administrative reconsideration of the Customs decision is wrong and should be corrected.     99th article customs administrative reconsideration organs during the administrative review found that the respondent's specific administrative act unlawful or need to do remedial work, can be made of the administrative review submissions, for respondent law enforcement behavior, specific advice to improve law enforcement work.     Being the applicant shall receive the administrative reconsideration within 60 days from the date of the submission will correct the related administrative violations or administrative reconsideration of the customs bodies of the rehabilitation of the report.    100th administrative reconsideration of the customs bodies found during the administrative review law, administrative regulations and rules in the implementation of the general issue can be proposed to the relevant organs for the improvement of legislation. Customs administrative reconsideration institutions in administrative reconsideration during found customs law enforcement in the exists of universal problem, can making administrative reconsideration proposal, to this customs about business sector proposed improved law enforcement of recommends; for may on this customs administrative decision produced major effect of problem, customs administrative reconsideration institutions should will administrative reconsideration proposal submitted this level customs administrative heads; belongs to Shang level customs processing permission of problem, customs administrative reconsideration organ can up level customs proposed perfect system and improved law enforcement of recommends.     101th levels of administrative reconsideration of the Customs authorities in cases of administrative review, the applicant and the respondent reached a settlement agreement on termination of administrative reconsideration of administrative reconsideration of the customs organs, or the applicant and the respondent reached an agreement through mediation, mediation of administrative reconsideration of the customs authority making administrative reconsideration, shall report to the customs administrative review bodies, and relevant legal instruments that record.     102th administrative reconsideration of the Customs Agency in the course of handling a case of administrative reconsideration shall be issued in a timely manner in the relevant legal instruments on administrative reconsideration of the customs information system for the record.     103th administrative reconsideration of the customs bodies shall be every six months to the customs administrative reconsideration and administrative reconsideration of the customs bodies at a higher level of analysis.     104th customs administrative reconsideration should be organized once every six months on the professional training of administrative review personnel, improve the professional quality of administrative reconsideration.     Other administrative reconsideration of the customs bodies in accordance with the needs regularly organizes training for the administrative reconsideration of the customs personnel.     105th for administrative reconsideration of the Customs authorities in handling a case of administrative reconsideration shall safeguard national interests, maintenance of citizens, legal persons or other organizations and promote legitimate interests of customs administrative and social harmony, the outstanding units and personnel, in accordance with the recognition and reward of the customs system to reward provisions. Administrative reconsideration of the Customs authorities shall summarize the administrative review.     On administrative reconsideration of work units and individuals that have achieved outstanding successes, should be given in accordance with the customs system to reward of recognition and rewards.     Seventh chapter legal liability article 106th administrative reconsideration of the Customs authorities, the administrative reconsideration of the customs bodies, administrative reconsideration, administrative reconsideration law of the 34th, 35th, administrative reconsideration law of the circumstances prescribed in the regulations for the implementation of the 64th, in accordance with the administrative review law, relevant provisions of the regulations for the implementation of the administrative reconsideration law.     107th respondent has the administrative reconsideration law 36th, 37th, and of the circumstances prescribed in the regulations for the implementation of the administrative reconsideration law 62nd article, in accordance with the administrative review law, relevant provisions of the regulations for the implementation of the administrative reconsideration law.     108th superior Customs Customs at a lower level and his staff have found violations of administrative reconsideration law, implementation of the administrative reconsideration law regulations and these rules, it shall make the recommendations to deal with violations committed, to make recommendations relating to customs, the Customs authorities shall, in accordance with the administrative review law and relevant laws and administrative regulations to deal with, and to report dealing with superior customs.     Customs administrative reconsideration institutions found about customs and staff has violation administrative reconsideration method, and administrative reconsideration method implementation Ordinance and this approach provides of, should making processing violations proposal, 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 customs administrative reconsideration institutions.     During the eighth chapter supplementary articles article 109th administrative reconsideration of the Customs calculation and administrative reconsideration service of legal instruments, in accordance with the provisions of the code of civil procedure, service during implementation.     This approach during the administrative review of the "5th", "7th" requirement refers to working days, excluding holidays.     110th administrative reconsideration of the customs authority accepts an application for administrative reconsideration shall not charge any fee to the applicant.     Requirements for administrative reconsideration of the customs activities, Office space and equipment such as transport, communication, monitoring by the customs at all levels to protect it.     111th, aliens, stateless persons or foreign organizations in the People's Republic of China to the customs territory may apply for administrative reconsideration, application of this approach. 112th Special seal for administrative reconsideration of the customs authority may use the administrative review.     In the course of administrative reconsideration of the customs, administrative reconsideration of seal and the seal of the administrative body for reconsideration shall have the same legal effect.     113th administrative reconsideration of the Customs authorities for administrative reconsideration cases, customs as being candidates for administrative reconsideration, administrative reconsideration of the customs bodies shall finish the material about the case, in accordance with the provisions of filing.     114th interpret this approach by the General Administration of customs. 115th these measures shall come into force on November 1, 2007.  On August 30, 1999, released by the General Administration of customs, the 78th of the People's Republic of China customs measures for the implementation of the administrative reconsideration law repealed at the same time.

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