Environment Of Administrative Reconsideration And Administrative Litigation Approaches

Original Language Title: 环境行政复议与行政应诉办法

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(Announced December 27, 2006 the State environmental protection administration, the 38th since as of February 1, 2007) first to prevent and correct unlawful or improper administrative action, protect the legitimate rights and interests of citizens, legal persons and other organizations, standardized Administrative Department of environmental protection administrative reconsideration and administrative litigation, according to the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law and other laws and regulations developed by these measures. A citizen, legal person or other organizations that the Administrative Department of environmental protection's violation of their legitimate rights and interests of a specific administrative act, the Administrative Department of environmental protection may apply for administrative reconsideration or bring administrative proceedings, Administrative Department of environmental protection apply for administrative reconsideration or administrative litigation cases, these procedures apply. Article on major, complex environment of administrative review cases and cases of administrative litigation system of collective consideration. Collective deliberations presided over by the head of the Administrative Department of environmental protection, concerning the participation of head of the business. Fourth article shall perform the duties of administrative reconsideration of the Administrative Department of environmental protection for the administrative reconsideration organ. Administrative reconsideration organ is responsible for legal work of institutions, specific handle administrative reconsideration matters, perform following duties: (a) accepted administrative reconsideration application; (ii) to about organization and personnel survey forensics, check out file and information; (three) Organization review administrative reconsideration case, proposed review recommends, developed administrative reconsideration decided; (four) processing or transferred this approach 16th article provides of review application; (five) served administrative reconsideration legal instruments; (six) on was applicants violation administrative reconsideration method And the behavior of the measures put forward recommendations; (g) handle administrative reconsideration decisions responding to administrative litigation matters, (VIII) the subordinate administrative reconsideration of the Administrative Department of environmental protection work in guiding, supervising and checking and (IX) other duties stipulated by laws, rules and regulations. Fifth article has following case one of of, citizens, and corporate or other organization can in accordance with this approach application administrative reconsideration: (a) on environmental protection administrative competent sector made of warning, and fine, and confiscated illegal proceeds, and ordered stop production or using, temporarily buckle, and revoked license, administrative punishment decided refuses to of; (ii) think meet statutory conditions, application environmental protection administrative competent sector issued license, and qualification card, and qualification card, certificate, or application approval, and registration, about matters, Environmental protection administrative competent sector no law handle of; (three) on environmental protection administrative competent sector about license, and qualification card, and qualification card, certificate of change, and suspended, and revoked, and cancellation decided refuses to of; (four) think environmental protection administrative competent sector illegal levy sewage fee or illegal requirements perform other obligations of; (five) application environmental protection administrative competent sector perform statutory duties, environmental protection administrative competent sector no law perform of; (Vi) that the Administrative Department of environmental protection's other violations of the legitimate rights and interests of a specific administrative act. Sixth article has following case one of of, administrative reconsideration organ not accepted and description reason: (a) application administrative reconsideration of time over has statutory application term and cannot set due reason of; (ii) refuses to environmental protection administrative competent sector on pollution damage compensation responsibility and compensation amount disputes made of mediation or other processing decided of; (three) applicants in application administrative reconsideration Qian has to other administrative reconsideration organ application administrative reconsideration or has to court filed administrative litigation, Other administrative reconsideration organ or a people's Court has accepted; (d) the laws, regulations and other inadmissible cases. Article citizens, legal persons or other organizations proposed in the petition against specific administrative acts and administrative reconsideration of expression and belonging to the administrative review of the scope of acceptance the complaint reporting handling Office shall advise the law may apply for administrative reconsideration or administrative reconsideration organs have jurisdiction to entertain the application. Department of environmental protection administration's handling of the complaint, not part of the scope of administrative reconsideration; party dissatisfied with, in accordance with the regulations of the petition and the environmental petition procedures under review and review procedures. Article eighth applying for administrative reconsideration may apply in writing, or orally. Written application the applicant shall submit the application for administrative reconsideration. Oral application of the applicant, in charge of Legal Affairs Agency staff should make an application for administrative reconsideration on the spot records and checked or confirmed by the applicant. Application for administrative reconsideration and administrative reconsideration application record should include the applicant's basic situation apply for administrative reconsideration, administrative reconsideration request, the main facts, reasons and time. Apply for administrative reconsideration should submit their identity, associated with a specific administrative acts being applied for reconsideration of materials and documents. Article the applicant does not provide the material or materials do not meet the requirements, in charge of Legal Affairs of the Agency shall issue a notice of the correction of review materials, once informed of their correct application materials. The administrative reconsideration organ review of an application for administrative reconsideration period counted from the date of receipt of the correction of the application materials. Article the applicant apply for administrative reconsideration, Administrative Department of environmental protection without any justified reason, inadmissible, superior environmental protection Administrative Department shall instruct the subordinate Administrative Department of environmental protection accepted, if necessary, the superior can be handled directly by the Administrative Department of environmental protection. Superior Administrative Department of environmental protection ordered subordinate Administrative Department of environmental protection accepts the application for administrative review shall make the order the notification of acceptance of, service was ordered to accept an application for administrative reconsideration of the Administrative Department of environmental protection, and copied to the applicant. Were ordered to accept an application for administrative reconsideration of environmental protection Administrative Department accepting and making administrative review decision, to submit the administrative reconsideration decision should be ordered to accept an application for administrative reconsideration of the Administrative Department of environmental protection records. 11th article administrative reconsideration organ received administrative reconsideration application Hou, should in 5 a days within for review, and respectively made following processing: (a) on meet administrative reconsideration method provides, and belongs to administrative reconsideration accepted range and submitted material complete of administrative reconsideration application, should be accepted; (ii) on not meet administrative reconsideration method provides of administrative reconsideration application, decided not accepted, making not accepted decided book, served applicants; (three) on meet administrative reconsideration method provides, But do not belong to this body accepts the application for administrative reconsideration, administrative reconsideration notice shall be made and advise the applicant to submit to the administrative body for reconsideration. 12th applicant, the third party, respondent commissioned agent to participate in the administrative reconsideration, shall submit a signed or sealed by the principal power of Attorney, power of attorney shall set forth the matters entrusted and the specific permission. The applicant and the third party, respondent the rescission or change, it shall notify the administrative reconsideration organ. 13th non-stopping enforcement during administrative review specific administrative act; article 21st of the circumstances prescribed in the administrative reconsideration law, you can stop the execution. Decided to suspend the administrative reconsideration organ shall draw up a notice of the suspension, and served on the applicant, and copied to the applicant and the third party. 14th in charge of legal affairs agencies shall accept an application for administrative reconsideration within 7 working days from the date, making the notification of replies. The notification of responses, administrative review a copy of the application or copy of an application for administrative reconsideration record shall be served on the respondent. Being the applicant shall from the date of receiving the notification of replies in the 10th, submission of the written answers, and had to make the specific administrative act evidence, evidence and other relevant material. 15th administrative reconsideration decision is made, the applicants to withdraw an application for administrative reconsideration, need justification, consent may be withdrawn by the administrative review authority. Withdrawal of an application for administrative reconsideration, administrative review terminated. For applicants to withdraw an application for administrative reconsideration or agencies in charge of Legislative Affairs accepts the application for administrative review and found that the application does not comply with the provisions of the administrative review law, termination of administrative reconsideration, shall make the notification of termination of administrative reconsideration, the applicant, with a copy to the respondent and the third party. 16th article applicants in application administrative reconsideration Shi, requirements administrative reconsideration organ together on specific administrative behavior by according to of about provides proposed review application of, or administrative reconsideration organ in on was applicants made of specific administrative behavior for review Shi, think its according to not legal, administrative reconsideration organ right to processing of, should in 30th within proposed amendment, and abolition, processing recommends; has no right to processing of, should in 7 a days within making normative file transferred letter, In accordance with legal procedures transferred the right to executive authorities according to law. During processing, suspended the review of specific administrative act, making the notification of suspension of administrative reconsideration, the applicant, with a copy to the respondent and the third party. 17th in charge of legal affairs agencies shall from the date of receipt of the administrative review responses within 3 working days, will make a written copy of the application for administrative reconsideration or administrative reconsideration request copy of administrative review responses and related materials to the relevant operational agencies. Bodies of the relevant operational agency should be in charge of Legal Affairs transmitted to the operational review of the material, and from the date of receiving the forwarded materials written recommendations within 7 working days, to the bodies responsible for legal work. 18th General written administrative reconsideration review. Requested by the applicant or institutions in charge of Legal Affairs considers it necessary, to the relevant organizations and institutions responsible for legal affairs personnel to investigate the situation and listen to the views. Agencies in charge of Legal Affairs considers it necessary, by the consent of the competent Secretary, can form a joint investigation team with relevant operational agencies to conduct on-site investigations, the relevant operational agencies should be attended. 19th bodies responsible for legal work should be reviewed by specific administrative act undertaken by the applicant, considering written recommendations related to operational agencies, to develop the administrative reconsideration of decision and submitted to the head of the administrative body for approval. Grave and complicated administrative review cases, shall be submitted to the meeting of Heads of administrative reconsideration organs for consideration. Specific administrative acts on behalf of the State environmental protection administration caused by administrative review, hosted by operational agencies in meeting the job description, administrative reconsideration cases made by the agencies in charge of Legal Affairs at the meeting notes. Article 20th Administrative reconsideration organs shall accept an application for administrative reconsideration within 60 days from the date of administrative reconsideration decision. Situation is complex, cannot make a reconsideration decision within the prescribed period, approved by the heads of administrative reconsideration organs, may be appropriately extended, and inform the applicant; but an extension up to 30th. Administrative reconsideration of administrative reconsideration decision, the administrative reconsideration of decision should be made, sealed, and sent to the applicant, the respondent and the third party. 21st the respondent shall perform the administrative reconsideration decision. Respondent fails to perform or unwarranted delay in the fulfilment of decisions of administrative reconsideration, administrative reconsideration organ shall order the deadline to fulfil. Ordered to perform, shall draw up a notice of the order to perform, and served on the applicant, with a copy to the applicant and the third party. 22nd the respondent received notice of the order to fulfil to carry out an administrative reconsideration decision, and to report to fulfil the administrative reconsideration organ. Being the applicant disagrees with the decision on administrative reconsideration, can make recommendations to the administrative body for reconsideration, but does not stop the implementation of the administrative reconsideration decision. 23rd in the administrative review process of administrative reconsideration organs, found that the respondent had other inappropriate administrative actions, should come up with improvements and suggestions, making the administrative reconsideration of proposals, and served on the respondent in the administrative reconsideration decision. After the applicant receives the administrative reconsideration of proposals should be carefully studied, and the results communicated to the administrative reconsideration organ. 24th important administrative review decisions of administrative reconsideration organs shall establish the filing system. The administrative reconsideration organ of the major administrative reconsideration decision, was ordered to receive cases of administrative review decisions, administrative reconsideration decision in administrative proceedings, should be submitted to the next higher administrative Department for environmental protection in the 20th after closing the record. 25th Administrative Department of environmental protection agreed to accept the party's complaint, report or record review, inter alia, found that subordinate administrative reconsideration decision made by the Administrative Department of environmental protection law or obviously inappropriate, and may order the correction. 26th the citizens, legal persons or other organizations that the Administrative Department of environmental protection of specific administrative acts against its legitimate rights and interests, in accordance with the administrative procedure law brought before the Court in administrative litigation from the responding Administrative Department of environmental protection's Office of Legislative Affairs is responsible for handling litigation matters, organizing a Rejoinder, relevant operational agencies should assist. To formulate specific administrative acts on behalf of the Department of environmental protection administration caused by administrative proceedings, by hosting the work of operational bodies are responsible for providing the specific administrative act relates to facts, reason, the legal basis and other related materials. Bodies responsible for legal work according to the information provided by the relevant operational agencies, form pleadings, upon approval by the head of the Department of environmental protection administration submitted to the people's Court. 27th defendant Department of environmental protection administration decided to entrust an agent to participate in litigation by the legal representative, by bodies responsible for legal affairs relating to operational agencies recommend agents ad litem, handling agent of a power of attorney. 28th article on responding to grave and complicated administrative cases in reply comments, shall be submitted to the head of the Administrative Department of environmental protection meeting for consideration. To formulate specific administrative acts on behalf of the Department of environmental protection administration resulting in administrative litigation, hosted by operational agencies in meeting the job description. Article 29th settles administrative review cases and administrative litigation case should be a document, related materials of the case filing by contractor personnel. Article 30th environmental protection Administrative Department shall establish administrative review cases and statistic system of administrative litigation cases and in accordance with the provisions of the State environmental protection administration on environmental statistics submitted to the superior administrative Department of environmental protection the administrative reconsideration and administrative litigation. 31st requirements for administrative reconsideration and administrative litigation, shall be included in the Administrative Department of environmental protection administrative fees, be guaranteed by the governmental finance. 32nd other matters not specified herein shall apply to the People's Republic of China administration reconsideration law and the People's Republic of China administrative litigation law and provisions of other relevant laws and regulations. 33rd article this way come into force on February 1, 2007. Annex I: environmental legal instruments of administrative reconsideration format: format of administrative reconsideration law instrument II: application for administrative reconsideration Annex: administrative review format three legal instruments: (fill in): 1. to entrust the permission grant is the most important part of power of attorney. General power of attorney granted to the agent the right to administrative review procedures only, and has no right to dispose of the substantive rights. Simply stated in the instructions of "General". In particular authorized agents, also granted agents certain right to dispose of the substantive rights, such as renunciation, recognition, modification requests for administrative review, reconciliation, proposed, renunciation, recognition, and change of executive compensation. Special authorization to grant substantive rights enumerated explicitly, or as General delegate. 2. the power of Attorney must be signed by the trustee and client sides, stamp. (Fill in description) (ibid) administrative reconsideration legal instruments format four: administrative reconsideration legal instruments format five: administrative reconsideration legal instruments format six: administrative reconsideration legal instruments format seven: administrative reconsideration legal instruments format eight: administrative reconsideration legal instruments format nine: administrative reconsideration legal instruments format ten: administrative reconsideration legal instruments format 11: administrative reconsideration legal instruments format 12: administrative reconsideration legal instruments format 13: Administrative reconsideration law document format 14: format of administrative reconsideration law instruments 15: legal instruments of administrative reconsideration format 16: check out time: ______ years between ____ days ____ ___ _____ months administrative reconsideration organs Attn: _______ available: ________ format 17 administrative review legal instruments: format of administrative reconsideration law instruments 18: format of administrative reconsideration law instruments 19: format 20 administrative review legal instruments: Format 21 administrative review legal instruments: format 22 administrative review legal instruments: administrative review format 23 legal instruments: annex II:

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