The Judicial Administrative Organs The Implementation Of Administrative Licensing And Supervision Rules (For Trial Implementation)

Original Language Title: 司法行政机关行政许可实施与监督工作规则(试行)

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(July 6, 2004 the Ministry of Justice, the 91st release as of the date of promulgation) Chapter I General provisions article in order to regulate the judicial administrative organs regarding administrative licensing implementation and supervision, maintaining the correct implementation of the law, and safeguard the legal rights of administrative relative person under the People's Republic of China on administrative licensing law (hereinafter referred to as the administrative licensing law) and other laws and administrative regulations and the relevant decisions of the State Council, these rules are formulated.
    Article II judicial administrative organs the implementation of administrative licensing matters, it shall set; the implementation of administrative licensing of the subject, it shall determine.
    The judicial administrative organs shall, in accordance with the administrative licensing law, relevant laws, regulations, rules and provisions of the present rules, the implementation of administrative licensing and administrative license and citizens, legal persons or other organizations supervise the implementation of administrative licensing matters concerning activity.
    Article III judicial administrative organs the implementation of administrative licensing, should follow an open, fair, impartial, accessible, efficient and trusted protection principles.
    Article IV judicial administrative body organs on administrative licensing implementation and supervision work shall, in accordance with the principle of Division of power and responsibility, cooperate with, strictly perform their duties according to law, provide quality services.
    The implementation of administrative licensing shall be by statutory judicial administrative organs set up business institutions; requires more set up business agencies, hosted by business organization or Office (RM) is responsible for the standardized accept administrative licensing applications, coordinating the review opinion, serve an administrative licensing decision; related documents, papers and documents of an administrative license, all in the name of organ published or issued.
    Chapter II application and fifth judicial admissibility pursuant to the statutory duty of the Executive to implement the administrative licensing items shall, in accordance with the administrative licensing law of 30th article content, Office space for public notification, can also be opened in this body on the Government's website for public notification.
    Applicant asked for publication details of description, explanation, undertake business description, the interpretation of institutions and their staff should be responsible. Applicant under article VI administrative Licensing application to the judicial administrative organs, undertake business shall immediately produce records, and review.
    Administrative Licensing application records shall set forth the date received.
    The judicial office of electronic government administration conditions, contractor business institutions should arrange, is responsible for the daily check of administrative Licensing application through electronic data exchange channels.
    VII article judicial administrative organ received administrative license application Hou, should according to following matters on whether accepted the items application for review: (a) application matters whether belongs to this organ jurisdiction range; (ii) application matters whether belongs to law need made administrative license of matters; (three) applicants whether has shall not proposed administrative license application of case; (four) applicants whether according to legal, and regulations, and regulations provides submitted has meet provides type, and content of application material, and application material whether has obviously of errors;
    (V) the applicant provides materials with the required format, the number of applications.
    Eighth article according to administrative license method 32nd article of provides, on administrative license application, by review, by following case respectively processing: (a) on law not need made administrative license of, should rates told applicants not accepted; (ii) on law not belongs to this organ jurisdiction range of, should rates made not accepted of decided, and told applicants to about administrative organ application; (three) on application material exists spot can corrections of errors of, should allows application people spot corrections, and by application people signed confirmed;
    (Four) application material not complete or not meet provides format, and number of, should spot or since received application material of day up 5th within once told applicants need correction of all content, told situation should records; late not told of, since received application material of day up that for accepted; (five) on meet administrative license method 32nd article fifth items provides of, should be accepted.
    The judicial administrative organs should be made in writing accepting the decision to or not to accept an application for administrative license, and stamped with the seal of the authority and the date the applicant.
    Article judicial administrative organs should be provided free of charge to the applicants application form of administrative license text.
    Laws, administrative regulations and judicial administrative organs of the State Council decided to set the implementation of administrative Licensing application format text, developed centrally by the Ministry of Justice. Chapter III examines and tenth judicial decision the Executive to accept administrative licensing applications, in accordance with the statutory conditions of the application materials should be reviewed.
    Focusing on the following: (a) the legality of application materials reflect the conditions of the applicant, (ii) the application materials and relevant content is true. In accordance with the statutory conditions and procedures, need to verify the substance of the application materials should be assigned more staff for verification.
    Verification shall be recorded, and submission of verification reports.
    11th according to law should be reviewed by the judicial administrative organs at lower levels before they are submitted to the next higher judicial administrative license of executive decisions, lower-level judicial administrative organs shall accept administrative licensing applications within 20th of this review has been completed, a preliminary review comments and all application materials submitted to the higher judicial administrative organs.
    Reviewed by the judicial administrative organs the implementation of administrative licensing front, shall, in accordance with relevant laws and regulations prescribed period of completion of the review, will lead the review comments and all application materials transferred to the hosting of the executive authorities of the administrative licensing.
    Otherwise provided by laws and regulations on the preliminary review period, in accordance with its provisions.
    12th accept administrative licensing applications, apart from the administrative licensing decisions are made on the spot, and the judicial administrative organs shall be made within the statutory time limit in accordance with the prescribed procedures in approving an administrative license is or not a written decision of administrative license.
    Applicant's application meets the legal conditions and standards, judicial administrative organs shall make a written decision on approving an administrative license; no written decision of administrative permission, it shall explain the reasons and inform the applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit in accordance with law. 13th judicial administrative organs of administrative license or no written decision of administrative licensing, hosted by business organizations within 10th since the date of the decision to the applicant.
    Service in the light of the People's Republic of China regulations of the code of civil procedure relating to the service.
    Decision approving an administrative license is made, you need to issue certificates for administrative license shall be issued to the applicant and sealed by the authorities of the relevant certificate of administrative license. 14th judicial decisions approving an administrative license is made by the executive authorities, should be made public.
    Public inspection requirements, check out and provide the necessary conditions shall be granted. 15th licensee changes the administrative licensing matters, and to make administrative licensing organ for the administration of Justice, judicial administrative organs in accordance with the provisions of this chapter, applications for review of administrative permission regulations.
    Otherwise provided by laws and regulations, in accordance with its provisions. Licensee need continued access to administrative applications for permits are valid in accordance with law, judicial administrative organs in accordance with the provisions of this chapter that the permit application review of regulations, and the administrative license is valid whether or not to approve the extension before the expiry of the decision in writing.
    Otherwise provided by laws and regulations, in accordance with its provisions. 16th in accordance with provisions of articles of the administrative licensing law of the 42nd, apart from the administrative licensing decision can be made on the spot, and the judicial administrative organs shall accept administrative licensing applications within 20th of administrative licensing decisions are made. Cannot make a decision in the 20th, by hosting the operational head of the institution shall be responsible for approval, you can extend the 10th, and will be extended before expiry of the period provided for above, inform the applicant of the reasons for the term, orally informed of should be recorded.
    Laws and regulations provide otherwise on terms, in accordance with its provisions.
    17th judicial administrative organs to implement the administrative licensing, and charge fees in accordance with provisions of laws and administrative regulations, shall, in accordance with administrative fees Office approved, publication projects and standard charges. Fourth chapter 18th hearing laws, regulations or rules provide for the implementation of administrative licensing matters should be hearing or judicial administrative organs need of administrative licensing matters concerning public interest hearing, judicial administrative organs should be announced to the public in the region involved matters under administrative license.
    Persons associated with the matters under administrative license may apply to the hearing.
    Hearing notice shall set forth the matters of hearing, hearing time, place, participants requested and when and how to apply.
    Article 19th administrative licensing directly related to the major interests of the applicant and others, judicial administrative agencies before making a decision on the administrative license shall be made to the applicant or interested persons of the administrative license hearings notice, inform their enjoyment of the right to request a hearing, and when and how to apply.
    Applicant or interested party to request a hearing, shall from the date of receiving the administrative license hearings notice of hearing an application in writing in the 5th; fails to make an application, waived a hearing rights. Judicial administrative organs shall from the date of receiving the application for hearing within 20th hearing.
    Hearing hearing before the hearing the applicant withdrew the application, administrative license applicant or an interested person without objection, judicial administrative organs should be authorized and recorded. 20th hearing by the legal system of the administration of Justice in the implementation of administrative licensing organ work organization, has sent representatives to preside over.
    Review the staff may not serve as the hearing of the administrative Licensing application. Time required for hearing of administrative permit is not included in the review period.
    Judicial administrative organs shall the hearing time required in the administrative license hearings be informed in the notice to the applicant.
    Hearing costs borne by the judicial administrative organs. 21st 48th of the rules in accordance with the administrative licensing law, judicial administrative organs of hearing should be conducted in accordance with the following procedures and requirements: (a) hearing held a hearing should be held before the 7th time, place and notice of hearing such matters the applicant, interested parties and other participants in the hearing and, if necessary, shall be published.

    (B) the hearing shall be held in public.
    Involve State secrets, business secrets and personal privacy exception.
    (C) hearing any of the following circumstances shall voluntarily withdraw; the applicant or interested party has the right to apply for withdrawal: 1. is the applicant, close relatives of the interested persons or their authorized agents; 2. have direct relation with the administrative licensing items; 3. other relationship with the applicant or interested party, may affect the hearings just held.
    (D) hold hearings, review staff shall submit a review of the administrative Licensing application comments, and provide the relevant evidence, reason, applicants, interested parties can express their views, to give evidence and defend and cross-examination. (E) a record shall be kept of the hearing and signed by the hearing officer and the recorder, and approved by the participants in the hearing to confirm correct signature or seal on the spot.
    Participants in the hearing record disagrees with the content, the hearing officer shall notify other participants, the parties think the objection is established, should be supplemented or corrected; different comments on the objections, presider think the opposition cannot be established, or participants in the hearing refuses to sign or seal, the hearing officer shall be set out in the hearing record.
    Hearing record including following main content: hearing matters; hearing held of time, and locations; hearing host, and records people; hearing participate in people; administrative license application content; hosted business institutions of review views and the related evidence, and reason; applicants, and interest relationship people published of views, proposed of evidence, and reason; review people and applicants, and interest relationship people debate, and quality card of situation and hearing applicants last statement of views,.
    22nd judicial administrative organs shall, according to hearing transcripts, approving an administrative license is made whether or not the administrative licensing decision. Hearing transcripts have not identified, documented facts, evidence, the applicant, interested parties after the hearing before making a decision on the administrative license new facts or evidence, judicial administrative organs deemed sufficient to affect the decision on the administrative license shall notify the interested parties and applicants, and to solicit their views.
    Made by the applicant or an interested person on record after signing, judicial administrative organs deciding whether the relevant facts and evidence as a basis for administrative licensing decisions are made when necessary, judicial administrative organs shall be holding additional hearings.
    Chapter fifth inspection 23rd judicial administrative organs should strengthen the internal oversight organs and the implementation of administrative licensing work staff, guarantee the implementation of administrative licensing and supervision work strictly in accordance with law. Higher judicial administrative organs should strengthen oversight of lower-level judicial administrative organs the implementation of administrative licensing work.
    Find a need to correct the behavior, should provide timely input, and rectify. Judicial administrative organs received to this organ related business agencies and their staff in violation of regulations, the implementation of administrative licensing reports, complaints, shall be verified in accordance with law in time, seriously dealt with or brought to the supervisory organs, and is responsible for handling results of informants, and the written replies to the complainants.
    The informant, the complainant's situation, which should be kept confidential.
    24th judicial administrative authority to the licensee to engage in licensing activities of conducting supervision and inspection, to Licensee engaged in the activities of the administrative licensing items related materials and mainly in the form of the written review of the annual report and, if necessary, to conduct on-site inspections. Judicial administrative organs shall licensee engaged in the activities of the administrative licensing items, supervision and inspection of materials and evaluation observations and results archives.
    Public inspection requirements, shall be arranged in a timely manner after receipt of the application in inspection.
    Involved in the supervision and inspection of State secrets, business secrets or personal privacy, should be kept confidential.
    25th judicial administrative organs and their staff in the supervision and inspection work, shall comply with the rules and disciplines of the corporate activities, does not impede the normal business activity of the licensee shall not solicit or accept a licensee's property, shall not take advantage of their positions for personal benefit, and shall not collude with licensee harm others or the public interest.
    Article 26th licensee before making a decision on the administrative license within the jurisdiction of the judicial administrative organs region of illegal administrative licensing activities, and administration of justice by making a decision on the administrative license according to law for processing. Licensee administrative licensing decisions are made outside the jurisdiction of the judicial administrative organs region of illegal administrative licensing activities, violations of judicial office-bearers of the administrative organ shall investigate and investigate and deal with cases notify the judicial administrative organs of administrative licensing decisions are made.
    Need to stop the practice, ordered punishment or annul of an administrative license, revoke a practising certificate, suggestion of punishment should be transferred to judicial administrative organs of administrative licensing decisions are made.
    27th article in accordance with the administrative licensing law article 69th of the provisions of the first paragraph, interested parties to annul of an administrative license request, judicial administrative organs shall be the date of receipt of the request materials complete verification within the 30th to decide whether or not to revoke the administrative licensing of the written decision and decided to serve the interested person and the licensee.
    Judicial administrative organs can annul of an administrative license is found, can be made according to the terms of reference of the revocation of the administrative licensing decision and decision served on the licensee.
    Annul of an administrative license, licensee's lawful rights and interests of damage compensation and related benefits of protection, in accordance with the administrative licensing law article 69th of the provisions of the fourth paragraph.
    28th judicial administrative organs in the licensees were found during an inspection of the administrative licensing law article 70th case, cancellation procedures should be in accordance with the law on administrative licensing, and the justifications and the basis inform the licensee in writing, withdraw certificate of administrative license and, if necessary, shall be published.
    29th under any of the following circumstances, the judicial administrative organs may change or withdraw an administrative license according to law: (a) administrative license amended or annulled according to laws, rules and regulations, and (b) administrative license is based on the significant changes in the objective circumstances.
    Change or withdrawal of an administrative license in accordance with law, judicial administrative organ shall make a decision in writing, state the reasons and basis for, and sent to the licensee.
    Change or withdrawal of an administrative license in accordance with law, property losses caused to a party, in accordance with the administrative licensing law article eighth of the provisions of the second paragraph.
    Sixth chapter legal responsibility of 30th at a higher level judicial administrative bodies subordinate judicial administrative organs had found violations of the law on administrative licensing article 17th administrative licenses should be ordered to rectify, lower-level judicial administrative organs shall, before the expiry of the time limit to correct judicial administrative organs at higher levels; or the higher judicial administrative organs shall be rescinded. 31st article judicial administrative organ found this organ features business institutions and staff or superior judicial administrative organ found subordinate judicial administrative organ and staff has administrative license method 72nd article, and 73rd article, and 74th article, and 75th article, and 77th article provides case of, by this organ or superior judicial administrative organ, or drew attention to the monitored organ respectively situation ordered its corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions
    Constitutes a crime, criminal responsibility shall be investigated according to law.
    32nd judicial administrative authority in contravention of the implementation of administrative licensing, and caused damage to the legitimate rights and interests of the parties, shall, in accordance with the People's Republic of China on State Compensation Act compensation.
    Legal liability for illegal administrative organs for the implementation of administrative licensing, in accordance with the People's Republic of China of the 14th article of the State compensation law stipulates that staff members ordered to deliberate or gross negligence to bear part or all of the damages.
    33rd administrative license applicant has administrative permission law article 78th situations, the licensee of the administrative licensing law of the 79th, 80th article, the judicial administrative organs should be dealt with according to law.
    34th a citizen, legal person or other organization without administrative permission, arbitrarily engaged in activities judicial administrative organs regarding administrative licensing shall be obtained according to law, judicial administrative organ shall take measures to stop it, and shall be subject to administrative punishment, or the attention of the relevant authorities according to law. Seventh chapter supplementary articles article 35th of all provinces, autonomous regions and municipalities directly under the judicial administrative organs shall, in accordance with the administrative licensing law and the provisions of relevant laws, regulations, rules, and these rules, establish and improve the implementation of administrative licensing and supervision system.
    Relevant normative documents of Ministry of Justice record.
    36th article of the rules are interpreted by the Justice Department.
    37th article of the rule as of the date of promulgation.

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