(Civil Aviation Administration of China on February 20, 2006 the 162th announced since March 20, 2006) Chapter I General provisions article to prevent and correct the specific administrative act illegal and improper, protect the legitimate rights and interests of citizens, legal persons and other organizations, protection and supervision of the Civil Aviation Administration shall exercise functions under the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative review Act), these measures are formulated.
Second civil aviation in accordance with the administrative review law and the approach set out in the administrative review function.
Civil Aviation Administration functions specific to host civil aviation administrative review of the legal system, and carry out the duties provided for in article III of the administrative reconsideration law.
Article III of the Civil Aviation Administration to fulfil duties of administrative review, follow the principle of lawfulness, fair, open, timely, convenient, and any mistake shall be corrected to ensure correct implementation of laws, rules and regulations. Second chapter administrative reconsideration of range fourth article citizens, and corporate or other organization (following referred to applicants) on following specific administrative behavior refuses to of, can to CAAC application administrative reconsideration: (a) CAAC of specific administrative behavior; (ii) civil aviation area authority according to legal, and administrative regulations or regulations of provides, to himself of name made of specific administrative behavior; (three) civil aviation province, and district, and city security supervision management office according to legal, and administrative regulations or regulations of provides,
Specific administrative acts on behalf of the authority in the region and (iv) of CAAC air traffic management Bureau under the provisions of laws and administrative regulations, or the rules, on behalf of the Civil Aviation Administration of the specific administrative act; (e) air traffic management Bureau of the civil aviation authority Division of the regional authority and delegate specific administrative acts in the name of the authority.
Article the applicant considers the specific administrative act of the provisions of this article fourth inter alia on the basis of laws, rules, regulations and other normative documents illegal outside of State Department documents, at the time of applying for administrative reconsideration of specific administrative acts can be submitted to the Civil Aviation Administration in conjunction with the review of applications by the normative documents.
Chapter application for administrative reconsideration of the sixth administrative review may apply in writing, or orally. Apply for administrative reconsideration in writing, shall submit the application for administrative review (Annex I), in a single original, and according to the number of applicants submitted copy.
Reconsideration applications should contains Ming following content: (a) applicants and the delegate agent of name, and career, and residence (corporate or other organization of name, and residence, and statutory representative people or main head of name); (ii) was applicants of name, and residence; (three) application reconsideration of specific requests; (four) main facts and reason (including know specific administrative behavior of time); (five) proposed administrative reconsideration application of date.
Application for reconsideration should be signed and stamped by the applicant or authorized client, together with the necessary evidence.
Oral application, the Civil Aviation Administration review host departments shall record the applicant's basic conditions apply for administrative reconsideration, administrative reconsideration request, the main facts, reasons and time.
Article seventh and has an interest in applying for administrative reconsideration of specific administrative act of other citizens, legal persons or other organizations requiring a third party administrative reconsideration, shall submit a written application for approval by the Civil Aviation Administration, can be used as a third party to the administrative review.
Civil Aviation Administration deems it necessary, may by notice in writing and applied for reconsideration of specific administrative act, other interested citizens, legal persons or other organizations as the third party in administrative review.
Chapter fourth administrative review article the applicant of acceptance apply to the Civil Aviation Administration for reconsideration, the CAAC host departments are responsible for accepting the application for reconsideration. A written application, the Civil Aviation Administration host departments shall indicate on the application for reconsideration received date.
Oral application, the CAAC review host departments shall indicate the date of receipt in the history.
Nineth CAAC upon reconsideration, the host Department receives an application for administrative reconsideration should be 5th in accordance with the relevant provisions of the administrative review law review, and shall make a decision on whether to accept.
In addition to decide not to accept or tell the applicant shall apply to other administrative body for reconsideration, but administrative reconsideration from the Civil Aviation Administration review contractor received date is accepted. Tenth Article administrative reconsideration application has following case one of of, not accepted, and made administrative reconsideration not accepted decided book (annex II) told applicants: (a) application reconsideration of matters not belongs to administrative reconsideration method sixth article provides of range of; (ii) applicants not has administrative reconsideration application subject qualification of; (three) applicants wrong column was applicants and refused to change of; (four) application administrative reconsideration over has statutory of application term and no due reason of; (five) applicants filed administrative litigation, Court has accepted
, And application administrative reconsideration of; (six) applicants to other has jurisdiction right of administrative organ application reconsideration, the reconsideration organ has law accepted of; (seven) applicants withdrawn reconsideration application, to same facts and reason again line application reconsideration of; (eight) no clear of was applicants and administrative reconsideration object of; (nine) administrative reconsideration application not has other statutory elements of. 11th civil aviation review host departments shall, from the date of filing of administrative reconsideration in the 7th, will make a written copy of the application for administrative reconsideration or administrative reconsideration request copies and the notification of replies to the administrative review (annex III) sent was applied for reconsideration of an administrative circular of the original host department or authority.
Application for reconsideration of an administrative circular of the original host department or authority shall receive a copy of the application or to apply for copies of transcripts within 10th of written replies, and had to make a specific administrative act evidence, evidence and other relevant material.
Was application reconsideration of administrative behavior original General hosted sector or area authority of written replies should contains Ming following content: (a) for reply of causes, case of basic process and situation; (ii) made specific administrative behavior of facts according to and about evidence material; (three) made specific administrative behavior by according to of legal, and regulations, and regulations and normative file of specific terms and content; (four) made replies of time.
Original host Department administrative action for the Civil Aviation Department, a written reply should be stamped with the seal of the Department, for the civil aviation authority, a written reply should be stamped with the seal of the authority. 12th article CAAC about functions sector should assist and tie CAAC reconsideration hosted sector handle administrative reconsideration matters, specific perform following duties: (a) to reconsideration hosted sector submitted by this sector to CAAC name made, and caused administrative reconsideration of specific administrative behavior of about material or evidence, and proposed written replies; (ii) assist reconsideration hosted sector trial belongs to this sector competent business range within of administrative reconsideration case, and proposed written processing recommends; (three) assist reconsideration hosted sector on
Seventh administrative review law review the relevant provisions listed in section (iv) assist review contractor sector with other work of the Department for operations related to the administrative review.
Specific administrative acts of the civil aviation authority for administrative review, the civil aviation authority shall assist and cooperate with the Civil Aviation Administration review host Department for administrative reconsideration matters and perform their respective duties.
13th original general contractor by applied for reconsideration of administrative acts Department or regional authority in accordance with the administrative review law 23rd and the provisions of the present article 11th written reply, submitted the original specific administrative act evidence, evidence and other relevant material, considered the specific administrative act, there is no evidence, based on the review host Department should recommend to the Civil Aviation Administration decided to revoke the administrative act.
Article 14th demanded an end to the implementation of specific administrative actions of the applicant during the administrative review, undertaken by a review comments, after approval by the Civil Aviation Administration leadership, making the notification of temporarily stops the execution of a specific administrative act (annex IV), and served on the party.
15th administrative reconsideration decision is made, the applicants to withdraw an application for administrative reconsideration, reconsideration host departments may be withdrawn upon review found that, upon approval by the CAAC leadership, making the agreed to withdraw an application for administrative reconsideration notice (annex v), and served on the party.
16th with the administrative review law article 26th, 27, and other laws and administrative rules and regulations, you need to suspend the review of the specific administrative act, undertaken by a review after the Department approved by the CAAC leadership, making the suspension of examination notice of specific administrative acts (annex VI), and served on the party. Review cases of suspension, not included in the review period.
Suspension reason disappeared, shall promptly restore hearing in the case.
Chapter fifth administrative review 17th administrative reconsideration of the decision in principle take the form of written examination, in complex cases, a written review to determine the merits of, or heard the applicant and the applicant and the third party observations, field surveys, and invited specialized agencies to carry out inspection, verification, and so on.
18th in the administrative review process, applicants and their agents are not allowed to the applicant or other interested organizations or individuals to collect evidence, after the discovery of a specific administrative act shall be made to fact or as the factual basis for a specific administrative act.
19th Civil Aviation Administration reconsideration, reconsideration of holding the sector put forward by the applicant should be content and the specific administrative act of the respondent to review and put forward opinions, consent or after collective discussion through the led by the Civil Aviation Administration, as provided for in article 28th of the administrative reconsideration law of administrative reconsideration decision. Grave and complicated administrative review Council meetings to discuss, the case should be decided.
20th civil aviation shall be made within 60 days from the day of acceptance of the application of administrative reconsideration decision; but the administrative reconsideration law except for less than 60 days.
Situation is complex, cannot make a reconsideration decision within the prescribed period, approved by the Civil Aviation Administration leadership, may be appropriately extended, but extend the deadline up to 30th, approved extension, hosted by the review Department of the administrative review notice of adjournment (annex VII), and served on the applicant and the respondent.
21st civil aviation administrative reconsideration decision, shall be made to the Civil Aviation Administration of the reconsideration decision (annex VIII) and the seal. 22nd the applicant in applying for administrative reconsideration request administrative compensation together, shall, in accordance with the People's Republic of China on State Compensation Act 12th section specify the claims, facts and reasons.
Administrative reconsideration organs in accordance 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.
The sixth chapter supplementary articles article 23rd requirements for administrative reconsideration to include civil aviation administration budget, be guaranteed by the governmental finance.
24th article this way come into force on March 20, 2006. 附件一：
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行政复议申请书
申请人：姓名_________年龄_______性别_______住所___________________________
__________________________________________________________________________
（法人或者其他组织名称_______ _____________________________________________
住所__________________________________________法定代表人或者主要负责人姓名
_____________________________________________）
委托代理人：姓名_________ ____________职务________________________
住所_______________________________________________________
被申请人：_________________________________________________
住所_______________
________________________________________
行政复议请求：___________________________________________________
_________________________________________________________________ 事实和理由：_____________________________________________________
_________________________________________________________________
___________________________________________
______________________
此致
（行政复议机关）
申请人：_________________
年 月 日
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附件二：
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行政复议不予受理决定书 民航复不[ ]号
申请人：姓名__________年龄______性别______住所____________________________
__________________________________________________________________________
（
法人或者其他组织名称____________________________________________________
住所______________________________________________法定代表人或者主要负责人
________________________________________） 被申请人：______________________________________________
住所____________________________________________________
申请人对被申请人的____________________________________________________ ____
（具体行政行为）不服提出的行政复议申请，经审查，本机关认为：______________
__________________________________________________________________________
____________________________________________ ______________________________
__________________________________________________________________________
根据《中华人民共和国行政复议法》第十七条和第__________条的规定，决定不
予受理。 (Laws and regulations should be made to the administrative reconsideration organ may apply for administrative reconsideration, filed administrative proceedings against administrative reconsideration, appeal court, stated that is not satisfied with this decision, in accordance with the People's Republic of China administration reconsideration law 19th of the rules from the date of receipt of the written decision of the 15th ______________________ ___ Court to file an administrative lawsuit in accordance with law.
) Date (seal Special seal for administrative reconsideration or administrative reconsideration organs) =tbl/> annex III: = notice of administrative review responses The civil aviation complex through [] _______________ (respondent): ___________________________ (the applicant) refuses to obey you as organs of ____________________________ (a specific administrative act) submitted an application for administrative reconsideration, has been accepted in accordance with law.
In accordance with the People's Republic of China administration reconsideration law provisions of article 23rd, now administrative review a copy of the application (an oral application record copy) send you body, your receipt of a copy of the application (oral transcript copies) within 10th of, to reply in writing on the application for administrative reconsideration, and had to make the specific administrative act evidence, evidence and other relevant material.
Notice is hereby given that. Year month day (seal Special seal for administrative reconsideration or administrative reconsideration organs) =tbl/> annex IV: = stop temporarily stops the execution of a specific administrative act notice of civil aviation complex [] ______________
___________（被申请人）：
_________________________（申请人）不服你作出的___________________________
__________________________________________________________________________ (The specific administrative act) submitted an application for administrative reconsideration, has been accepted in accordance with law. 经审查，我们认为：______
__________________________________________________________________________
__________________________________________________________________________
___ _______________________________________________________________________
（需要停止执行的事由）。
According to the People's Republic of China article 21st of the provisions of the administrative review law, decisions from ________ year _____ month _____ day to administrative reconsideration decision made a few days ago, stops execution of the specific administrative act.
Notice is hereby given that.
Year month day (seal Special seal for administrative reconsideration or administrative reconsideration organs) cc: ________________________ (the applicant) =tbl/> v: = agreed to withdraw the notice of an application for administrative reconsideration Civil Aviation complex device [] number __________________________ (applicant): you (you) against __________________________________________________________ (the specific administrative act of the applicant) submitted an application for administrative reconsideration, has been accepted in accordance with law. 现你（你单位）
要求撤回该行政复议申请，
__________________________________________________________________________
_________________________________________________________________________ _
__________________________________________________________________________
（申请撤回的事由）。
According to the People's Republic of China administration reconsideration law of 25th and other related provisions, agreed to withdraw the application for administrative reconsideration, administrative review terminated.
Notice is hereby given that.
Year month day (seal Special seal for administrative reconsideration or administrative reconsideration organs) cc: ________________________ (respondent) =tbl/> annex VI: = notice of discontinue consideration of specific administrative acts 民航复中[ ]号
________________________________（申请人）：
你（你单位）不服__________________________________________________________
_______________________________________________________
___________________ (The specific administrative act of the applicant) submitted an application for administrative reconsideration, has been accepted in accordance with law. __________________________________________________________________________
__________________________________________________________________________
___________________ _________ (Discontinue consideration of the subject matter).
According to the People's Republic of China and other relevant provisions of the administrative review law, decided to suspend the administrative reconsideration.
Notice is hereby given that.
Year month day (seal Special seal for administrative reconsideration or administrative reconsideration organs) cc: ____________________ (respondent) =tbl/> annex VII: = notice of adjournment of administrative reconsideration
民航复延[ ]号
_____________________________（申请人）：
你（你单位）不服__________________________________________________________
__________________________________________________________________________ (The specific administrative act of the applicant) submitted an application for administrative reconsideration, law has been accepted by law in ______ day of ________ months ________ years. 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 to _______ _____ years _____ months before.
Notice is hereby given that.
Year month day (seal Special seal for administrative reconsideration or administrative reconsideration organs) cc: __________________ (respondent) =tbl/> annex VIII: = civil aviation administrative reconsideration decision 民航复决[ ]号
申请人：姓名__________年龄______性别______住所____________________________
__________________________________________________________________________
（法人或者其他组织名称____________ ________________________________________
住所__________________________________________法定代表人或者主要负责人姓名
____________________________________________）
委托代理人：姓名______________ 职务________________
住所______________________________________________
被申请人：________________________________________
住所______________________________________________
第三人：姓名_ ____________住所_____________________________________________
委托代理人：姓名_____________职务_________________________________________
住所_________________________________________
_____________________________ The applicant appealed against the respondent ______________________________________________________ (specific administrative acts), filed an application for administrative reconsideration ______ year _____ month _____ day, this organ has been accepted.
申请人请求：
_____________________________________________________________________。
申请人称，
_____________________________________________________________________。
被申请人称，
_____________________________________________________________________。 经查，________________________________________________________________
______________________________________________________________________
本机关认为：_______________________ ___________________________________ (A specific administrative act for ascertaining the facts is clear, whether the evidence is conclusive, the applicable law is correct, procedural legality, appropriateness of content). 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：________________________________________________________________
______________________________________________________________________ ____ __________________________________________________________________________ (In line with the scope of accepting cases of administrative litigation, States: this decision, from the date of receipt of this decision within 15th ________________________ court administrative proceedings. Law of administrative reconsideration decision is final, States: this decision is final, the applicant and the applicant or a third party due in __________ years ______ months _______ recently fulfilled. ）
年 月 日
（行政复议机关印章或者行政复议专用章）
…………………………………………………………………………………………………
……………………………………… Received from the Civil Aviation Administration of the reconsideration decision (the civil aviation complex Word []) the applicant (the applicant) or the representative (signature): __________________________________ (seal of the applicant and respondent) _____________________________ Decided to book a day in three, the applicant and respondent, a classified civil aviation files) =tbl/>
