Commission Proposal To Amend The National Defense Science, Technology And Industry Commission Implementation Measures For Administrative Reconsideration Decision

Original Language Title: 国防科工委关于修改《国防科学技术工业委员会行政复议实施办法》的决定

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(February 7, 2007 Commission on Science, technology and industry for national defense released 22nd March 10, 2007) in order to further standardize the administrative reconsideration of work to safeguard and supervision Commission of administration according to law, decisions on implementation measures for administrative reconsideration of the science, technology and industry for National Defense Committee (Commission of the 5th) as follows: a, sixth revised as follows: "citizens, legal persons or other organizations for national defense or the provinces, autonomous regions, Municipalities government defense technology industrial management sector made of following specific administrative behavior refuses to of, can in accordance with this approach application administrative reconsideration: (a) meet statutory conditions, but no law handle license, and approval, and registration, about matters of; (ii) made of about license, and qualification card, and qualification card, certificate change, and suspended, and revoked of decided; (three) made of warning, and fine, and confiscated illegal proceeds, and ordered discontinued closed, and temporarily buckle or revoked license, administrative punishment decided; (four) other violations citizens, and The legitimate rights and interests of legal persons or other organizations. "11th, one paragraph is added as the third paragraph:" has an interest in applying for administrative reconsideration of specific administrative act of the other citizens, legal persons or other organizations may participate as a third party administrative reconsideration.
    "Third, by deleting article 15th. Four, 16th to 15th, one paragraph is added as a second paragraph: "the authority to review an application for administrative reconsideration of administrative reconsideration shall be reported to the Committee in writing of the relevant circumstances. "Five, and 19th article to 18th article, modified for:" administrative reconsideration in principle take written review of approach, but applicants proposed requirements or administrative reconsideration institutions think has necessary Shi, can heard applicants, and was applicants, and third people of views, also can convened applicants, and was applicants, and third people face to face quality card, and for necessary of survey forensics, including field exploration, and delegate identification, and to units or personal survey forensics, and check out file and information. "Six, and 20th article to 19th article, increased a paragraph as second paragraph:" written replies should contains Ming following content: (a) was applicants of name, and address, and statutory representative people name; (ii) made specific administrative behavior of facts, and evidence and the legal according to; (three) on applicants of reconsideration application requirements, and facts, and reason article-by-article for reply simultaneously card; (four) made replies of time, and stamped seal. "Seven, an article shall be added as article 20th:" application for administrative reconsideration of administrative review, the respondent submitted a written reply, focused on the following: (a) administrative review request and justification; (b) the facts and reasons of the written replies, (iii) the focus of controversy on both sides. "Eight, and 21st article modified for:" applicants, and third people check out not involved national secret, and commercial secret or personal privacy of written replies, and made specific administrative behavior of evidence and about material, should in accordance with following provides handle: (a) to administrative reconsideration institutions proposed application, show effective documents; (ii) check out material Shi, should has administrative reconsideration institutions staff presence; (three) check out Shi shall not altered, and damage, and removal, and take go, and added check out of material; without administrative reconsideration institutions agreed, shall not copy, and Remake, re-recording. "Nine, 23rd one paragraph is added as the third paragraph:" due to the applicant withdraws the application for administrative reconsideration or other termination of administrative reconsideration, shall make the notification of termination of administrative reconsideration and served on the applicant, the respondent and the third party.
    "Ten, 25th to 26th in the second paragraph. Third paragraph, 27th to 28th, one paragraph is added as a second paragraph: "the extension of the review period, shall draw up a notice of extension of the decision, and sent to the applicant, the respondent and the third party. "12, 27th to 29th in the second and third paragraph, is revised as follows:" the Commission of administrative reconsideration decision, it shall make the Commission of administrative reconsideration decision, and seal. Administrative reconsideration should administrative review within the statutory time limit decision in writing to the applicant and respondent and the third party. "" Once the administrative reconsideration decision is served, shall come into legal effect. "" Involving State secrets, administrative reconsideration decision shall Commission the Government Web site.
    "13, by deleting article 33rd. 14, an article shall be added as article 35th: "the Commission accepts an application for administrative reconsideration shall not charge any fee to the applicant. "" Requirements for administrative reconsideration, relevant regulations in accordance with the administrative review law. "XV, an article shall be added as the 36th article:" the Commission of administrative reconsideration use unified format.
    "In addition, the expression of some provisions be modified accordingly and the provisions of order shall be adjusted accordingly.
    This decision shall take effect on March 10, 2007.

    Of the implementation measures for the administrative review of the science, technology and industry for National Defense Committee pursuant to the present decision be modified accordingly, republished. Attached: Defense Science and technology industrial Committee administrative reconsideration implementation approach (2007 amendment this) (June 2, 2000 Commission makes 5th, announced according to February 7, 2007 Commission on modified straddling Defense Science and technology industrial Committee administrative reconsideration implementation approach of decided Amendment) first chapter General first article to specification Defense Science and technology industrial Committee (following referred to Commission) of administrative reconsideration work, prevent and corrected illegal or improper of administrative behavior, maintenance citizens, and
    The legitimate interests of legal persons and other organizations, safeguard and supervision Commission of administration according to law, in accordance with the People's Republic of China administration reconsideration law, these measures are formulated.
    A citizen, legal person or other organization to submit to the Commission an application for administrative reconsideration, the Commission accepts the application for administrative reconsideration, administrative reconsideration decision, these measures shall apply.
    Third article Commission legal work institutions is Commission of administrative reconsideration institutions, specific handle administrative reconsideration matters, perform following duties: (a) accepted to Commission proposed of administrative reconsideration application; (ii) to about organization and personnel survey forensics, check out file and information; (three) review application administrative reconsideration of specific administrative behavior whether legal and appropriate; (four) on violation provides of specific administrative behavior proposed processing recommends; (five) developed administrative reconsideration decided;
    (Vi) handle appeals responding to National Defense Committee decided to initiate administrative proceedings of administrative reconsideration matters and (VII) other duties stipulated by laws, rules and regulations.
    Fourth Commission of administrative reconsideration of work follow lawful, fair, open, timely, and convenient principle, adhere to the mistakes must be corrected, and guarantee the correct implementation of laws, rules and regulations. Five citizens, legal persons or other organizations for administrative review decision of the Commission, in accordance with the administrative procedure law of the people's Court to file an administrative lawsuit in accordance with or in accordance with the provisions of the administrative reconsideration law to the State Council for a ruling.
    But the law and regulations for national defense except for administrative reconsideration decision is final. Second chapter administrative reconsideration range sixth article citizens, and corporate or other organization for Commission or province, and autonomous regions, and municipalities government defense technology industrial management sector made of following specific administrative behavior refuses to of, can in accordance with this approach application administrative reconsideration: (a) meet statutory conditions, but no law handle license, and approval, and registration, about matters of; (ii) made of about license, and qualification card, and qualification card, certificate change, and suspended, and revoked of decided; (three) made of warning, and fine, and
    Confiscation of illegal gains, order to suspend production, temporary suspension or revocation of permit administrative penalty decision and (iv) other acts that violate the legitimate rights and interests of citizens, legal persons or other organizations.
    Article citizens, legal persons or other organizations think the Commission of illegal specific administrative act on the basis of provisions, at the time of applying for administrative reconsideration of specific administrative acts, provisions can be made on the application for review.
    Not included in the provisions of the preceding paragraph the Commission regulations, regulatory review, in accordance with the laws and administrative regulations.
    Article citizens, legal persons or other organizations on the following matters, and cannot apply for administrative reconsideration in accordance with these measures: (a) the rules and regulations promulgated by the Commission of the effectiveness of normative documents; (b) the Commission of administrative or other personnel decisions are made, and (iii) made by the Commission or the Commission entrusts the unit about the dispute for mediation or.
    Nineth units commissioned by the Commission in accordance with article specific administrative acts, may apply to the Commission for administrative review.
    Chapter III application for administrative reconsideration article tenth of citizens, legal persons or other organizations that Commission or the provinces, autonomous regions and municipalities directly under the people's Government of national defense science and technology industry management sector specific administrative action against the legitimate rights and interests, can know the specific administrative act within 60 days from the date of the Commission of administrative reconsideration applications; application deadline for more than 60 days unless prescribed by law.
    Delays due to force majeure or other just cause of statutory application period, barriers continue to run from the date of the application period.
    11th apply for administrative reconsideration in accordance with these measures of citizens, legal persons or other organizations is an applicant.
    Citizens, legal persons or other organizations against the Commission or the provinces, autonomous regions and municipalities specific administrative act undertaken by the management of national defense science and technology industry may apply for administrative reconsideration of specific administrative actions of the organ shall be the respondent.
    Has an interest in applying for administrative reconsideration of specific administrative act of the other citizens, legal persons or other organizations may participate as a third party administrative reconsideration. On behalf of the applicant, the third party may entrust an agent to participate in the administrative review.
    Entrusts an agent to participate in the administrative reconsideration shall submit to the Commission a power of attorney. 12th may apply for administrative reconsideration shall comply with the following conditions: (a) the applicant is considered to be the applicant's specific administrative act is a direct violation of their legitimate rights and interests of an interested person, (ii) specific requests for administrative review and fact; (c) belongs to the National Defense Committee scope of administrative reconsideration and (iv) within the required time limit.

    13th the applicant applied to the Commission for administrative review, may apply in writing, or orally. Written applications should submit their application for administrative reconsideration (in triplicate) and related materials.
    Administrative reconsideration applications should contains Ming following content: (a) applicants of 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), delegate agent of name, and address; (ii) was applicants of name, and address; (three) administrative reconsideration requests, and facts and reason; (four) application people signature and the application date.
    Oral application, administrative reconsideration shall record the applicant's basic situation apply for administrative reconsideration, administrative reconsideration request, the main facts, reason and time, and confirmed by the applicant's signature or seal.
    Article 14th applicants applied to the Commission for administrative review, cstind has accepted, in the people's Court within the statutory period of administrative reconsideration shall not bring an administrative suit.
    Citizens, legal persons or other organizations filed a suit before the administrative proceedings, the people's Court has accepted the shall apply for administrative reconsideration. Fourth chapter administrative reconsideration accepted 15th article Commission administrative reconsideration institutions received administrative reconsideration application Hou, should in 5th within for review, and respectively made following processing: (a) administrative reconsideration application meet this approach provides of, should to accepted, and written notification applicants; (ii) administrative reconsideration application not meet this approach provides of, decided not accepted, making not accepted decided book, and served applicants; (three) on not belongs to Commission accepted of administrative reconsideration application, To the administrative reconsideration organ concerned shall inform the applicant; (d) the application for reconsideration does not specify content as provided herein, application for administrative reconsideration should be released to the applicant, within corrections.
    Expired without correction, shall be deemed not to apply.
    Authority to review an application for administrative reconsideration of administrative reconsideration shall be reported to the Committee in writing of the relevant circumstances.
    16th article legal, and regulations provides should first to Commission application administrative reconsideration, and on administrative reconsideration decided refuses to again to court filed administrative litigation of, Commission decided not accepted or accepted Hou over administrative reconsideration term not for replies of, citizens, and corporate or other organization can since received not accepted decided book of day up or administrative reconsideration expires of day up 15th within, law to court filed administrative litigation.
    Article 17th non-stopping enforcement during administrative review specific administrative act; however, any of the following circumstances, you can stop the implementation of: (a) were deemed necessary to suspend; (b) the Commission deems it necessary to suspend, and (iii) the applicant ceases to perform, the Commission considers that its request is reasonable, decided to stop the execution, and (iv) implementation of the provisions of laws and regulations to stop.
    Fifth chapter administrative reconsideration decided and implementation 18th article administrative reconsideration in principle take written review of approach, but applicants proposed requirements or administrative reconsideration institutions think has necessary Shi, can heard applicants, and was applicants, and third people of views, also can convened applicants, and was applicants, and third people face to face quality card, and for necessary of survey forensics, including field exploration, and delegate identification, and to units or personal survey forensics, and check out file and information. 19th administrative reconsideration institutions shall from the date of accepting an application for administrative reconsideration in the 7th, the copy of the application for administrative reconsideration or administrative reconsideration request copies of transcripts sent by the applicant.
    Is administrative review by the applicant shall receive a copy of the application or from the date of application copies of transcripts in the 10th, and written responses to the administrative review bodies, and submitted the original specific administrative act evidence, evidence and other relevant material.
    Written response shall contain the following: (a) name, address, name of the legal representative of the applicant, (ii) the facts, evidence and legal basis for the specific administrative act; (c) the applicant's application for reconsideration request, facts and reasons to go through both of reply card; (iv) response time, and sealed.
    Article 20th administrative reconsideration of administrative reconsideration application, the respondent submitted a written reply, focused on the following: (a) administrative review request and justification; (b) the facts and reasons of the written replies, (iii) the focus of controversy on both sides.
    21st article applicants, and third people check out not involved national secret, and commercial secret or personal privacy of written replies, and made specific administrative behavior of evidence and about material, should in accordance with following provides handle: (a) to administrative reconsideration institutions proposed application, show effective documents; (ii) check out material Shi, should has administrative reconsideration institutions staff presence; (three) check out Shi shall not altered, and damage, and removal, and take go, and added check out of material; without administrative reconsideration institutions agreed, shall not copy, and remake, and RIP.
    22nd article in the administrative review process, the respondent shall not themselves collect evidence from the applicant and other interested organizations or individuals.
    23rd Commission of administrative reconsideration decision is made, the applicants to withdraw an application for administrative reconsideration, with justification, may be withdrawn.
    Withdrawal of an application for administrative reconsideration, administrative review terminated.
    Due to the applicant withdraws the application for administrative reconsideration or other termination of administrative reconsideration, it shall make the notification of termination of administrative reconsideration, and sent to the applicant, the respondent and the third party. 24th article applicants in application administrative reconsideration Shi, together proposed on specific administrative behavior by according to of provides review application of, or administrative reconsideration institutions in on was application of specific administrative behavior for review Shi, think its according to not legal, Commission right to processing of, administrative reconsideration institutions should in 30th within proposed processing views reported Board led approved; has no right to processing of, should in 7th within according to statutory program transferred right to processing of administrative organ law processing.
    During processing, suspended the review of specific administrative acts. 25th article administrative reconsideration institutions should on was applicants of specific administrative behavior for review, proposed views, Commission led agreed or Board Director Office will discussion through Hou, according to following provides made administrative reconsideration decided: (a) specific administrative behavior finds facts clear, evidence, applies according to right, program legal, content appropriate of, decided maintained; (ii) was applicants not perform statutory duties of, decided its in must term within perform; (three) specific administrative behavior has following case one of of, decided revoked, and
    Change or confirm that a specific administrative act of an offence: 1. key facts are not clear and the evidence is insufficient; 2. According to the error 3. violation of legal procedures, 4. exceed or abuse; 5. obvious inappropriateness of a specific administrative act.
    Decides to revoke or confirm the specific administrative act of the respondent in violation of, you can order the new specific administrative act is made within a certain period.
    (D) the respondent these measures are not in accordance with the 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, decided to revoke the administrative act.
    26th the Commission orders the respondent conducted a specific administrative act, the respondent may, on the same facts and grounds and the original specific administrative act the same or essentially the same specific administrative act.
    27th in applying for administrative reconsideration, the applicant can request administrative compensation together, National Defense Committee to comply with the relevant provisions of the State compensation law shall be compensated, in deciding to revoke or alter a specific administrative act or confirm when the specific administrative act illegal, should be decided by the applicant shall be subject to compensation. 28th the Commission shall, within 60 days from the date of acceptance of the application of administrative reconsideration decision.
    Situation is complex, cannot make a reconsideration decision within the prescribed period, the Commission approved, may be appropriately extended, and the administrative reconsideration institutions inform the applicant and the respondent but extend maximum period not later than 30th.
    Extension of the review period, shall draw up a notice of extension of the decision, and sent to the applicant, the respondent and the third party. 29th National Defense Committee made an administrative reconsideration decision, it shall make the Commission of administrative reconsideration decision, and seal.
    Administrative reconsideration should administrative review within the statutory time limit decision in writing to the applicant and respondent and the third party.
    Once the administrative reconsideration decision is served, shall come into legal effect.
    Involve State secrets, administrative reconsideration decision shall Commission the Government Web site. 30th the respondent shall perform the administrative reconsideration decision.
    The respondent fails to perform or unwarranted delay in the fulfilment of administrative reconsideration decision, the Commission shall order the deadline to fulfil.
    31st article on Commission made of maintained or change specific administrative behavior of administrative reconsideration decided, applicants late not prosecution and not perform of, according to following provides respectively processing: (a) maintained specific administrative behavior of administrative reconsideration decided, by made specific administrative behavior of administrative organ law implementation, or application Court forced implementation; (ii) change specific administrative behavior of administrative reconsideration decided, by Commission law implementation, or application Court forced implementation.
    Article 32nd on the sixth chapter of legal responsibility for national defense staff and the respondent in the administrative reconsideration, a violation of the People's Republic of China administration reconsideration law provisions of the Act, in accordance with the law accountable.
    Article 33rd applicants, third parties and entrusts an agent to disrupt the work of administrative reconsideration order or fraud, cheating and other illegal acts, the Commission could be a warning, be ordered to correct, and can be transferred to the public security organs according to law.
    Seventh chapter supplementary articles article 34th during administrative review of calculations and administrative reconsideration service of instruments, in accordance with the administrative review law, civil procedure law and relevant regulations. This approach during the administrative review of the "5th", "7th" requirement refers to working days, excluding holidays.

    35th National Defense Committee accepts an application for administrative reconsideration shall not charge any fee to the applicant.
    Requirements for administrative reconsideration, relevant regulations in accordance with the administrative review law.
    Article 36th National Defense Committee on administrative reconsideration use unified format.

    37th article of the rules as of the date of promulgation. 附:国防科工委行政复议文书格式
=
                               不予受理决定书
                                                        科工复议[  ]第  号

申请人:姓名(名称)______________________________________________________

        年龄______ _________  性别__________

        住址______________________________________________________________

被申请人:名称 ___________________________________________________________

          住址 _____________ ______________________________________________

    申请人对被申请人的 ___________________________________________________

______________________________不服提出的行政复议申请,经审查,本机关认为:

________ __________________________________________________________________

__________________________________________________________________________

___________________________ _______________________________________________

__________________________________________________________________________

________________________________________。

                                                           According to the People's Republic of China administration reconsideration law article 17th and _________ of the regulations, decide not to accept.

年  月  日
=tbl/>
=
                             行政复议终止通知书
                                                        科工复议[  ]第  号
______________:

    你(你单位)不服______________________________________________________ __________________________________________________________________________

___________________________________________ 提出的行政复议申请,我们依法已

予受理。 __________________________________________________________________

__________________________________________________________________________

_________________。

    According to the People's Republic of China and other relevant provisions of the administrative review law, decided to terminate the administrative review.

                                                           Notice is hereby given that. 年  月  日
=tbl/>
=
                               决定延期通知书
                                                        科工复议[  ]第  号
_____________:

    你(你单位)不服)____________________________________________________

_ _________________________________________________________________________

_______________________________________________提出的行政复议申请,我们已于

______年____月____日依法受理。

Complex circumstances, you cannot make a reconsideration decision within the statutory time limit.

    According to the People's Republic of China administrative review provisions of the Act 31st, administrative reconsideration decision postponed until ____ ____ ______ year month date.

                                                               Notice is hereby given that.

         年  月  日
=tbl/>
=
                          国防科工委行政复议决定书
                                                        科工复议[  ]第  号

申请人: 姓名(名称)_________________________________

         年龄__________性别__________ 住址_____________________________________________

委托代理人:姓名____________住址_________________________

被申请人:名称________________________________________

          住址_______________________ _____________________________________

第三人:姓名___________住址_______________________________________________

委托代理人:姓名___________住址__________________________________________ _

    申请人不服被申请人的__________________________________________________

__________________________________________________________________________

__________________, 于_____年_____

    Month _____ day of administrative reconsideration organs according to law had been accepted. 申请人请求,__________________________________________________________

__________________________________。

    申请人称,____________________________

__________________________________________________________________________

_____________________________。

    被申请人称,__________________________________________________________

_______________________________________________。 经查,________________________________________________________________

__________________________________________________________________________

__________________________

    ________________________________________________

___________________________。 本机关认为:__________________________________________________________

__________________________________________________________________________

_____________________________ _____________________________________________

_________________________。 根据《中华人民共和国行政复议法》第二十八条规定,

    本机关决定如下:______________________________________________________

__________________________________________________________________________

______

    ____________________。

                                                           Not satisfied with this decision, from the date of receipt of this decision within 15th XXXXXXX court administrative proceedings (or in accordance with the People's Republic of China administration reconsideration law provisions of 14th to the State Council for a ruling).
                                                                          Date of =tbl/>

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