(November 2, 2002 the State forestry administration released 2nd) Chapter I General provisions article in order to regulate the forestry administrative punishment hearing acts to ensure correct implementation of the Forestry Administration Department of forestry administrative punishment to protect the legitimate rights and interests of the parties, in accordance with the People's Republic of China on administrative punishment law and the relevant provisions of the State Council, these rules are formulated.
    Second forestry forestry administrative punishment hearing held by the Administrative Department, these rules shall apply.
    Hearing mentioned in these rules refers to forestry administrative departments of forestry administrative punishment cases subject to hearing in front of the administrative penalty, listen to participants in the hearing of representations in accordance with law, pleading and cross-examination procedures.
    Third Department of forestry administration is holding a hearing, shall be governed by the following provisions: (a) ensure and facilitate exercise of the right to be heard, the right to defence and the right of cross-examination, (ii) openness, fairness, efficiency and (iii) shall not be payable to a party organized the hearing costs. Fourth public hearing organized by the Administrative Department of forestry administrative punishment, by the Office of Legislative Affairs is responsible for the implementation of specific.
    Rule of law institutions and law enforcement agencies working for the same agency or not set up a special Office of Legislative Affairs, should follow the principle of hearing investigation to the case of separation of duties, non-specified by the Department of Forestry Administration Chief investigators in the case presided over the hearing.
    Entrusted with the exercise of the right of forestry administrative punishment organization administrative penalties need to be held before a hearing, organized by the delegated administrative authorities.
    Chapter II application and admissibility fifth forestry administrative departments according to law shall be ordered to suspend production, revocation of permit or license, the larger the amount of fines and other forestry administrative punishment decision, it shall inform the parties have the right to request hearings and making of forestry administrative punishment notice of hearing rights.
    Large amounts of fine referred to in the preceding paragraph, in accordance with the Governments of provinces, autonomous regions and municipalities directly under the Standing Committee, or provincial regulations.
    State Forestry Administration made more than 100,000 yuan (100,000 yuan) decision, it shall inform the parties have the right to request hearings.
    Sixth forestry administrative punishment hearing rights notice shall include the following information: (a) the name or names of the parties, (ii) the illegal facts and (iii) the making of forestry administrative punishment decision, the reasons and basis; (d) when the parties have the right to request a hearing rights, the proposed term of the hearing and the hearing organs.
    Article seventh Party requested a hearing, shall inform the competent administrative Department of forestry within 3rd day of written application or an oral application; oral application, the forestry administrative departments shall make a written record, and signed or sealed by the parties.
    Party inform the competent administrative Department of forestry within 3rd day of not hearing an application made is deemed waived the right to hold a hearing, the Department of forestry administration record volumes. Article eighth Department of Forestry Administration received after the hearing of the application shall be reviewed in the 5th.
    To meet the requirements of the hearing should be accepted; for failure to meet the requirements of the hearing, decided to reject the complaint and inform the parties.
    Chapter III hearing and hearing the Nineth said participants in the hearing in the present rules, refers to the forestry administrative punishment cases of the investigators of the case, the parties and their representatives, third parties and their agents.
    Parties refers to citizens, legal persons or other organizations in calling for a hearing.
    Is a pointer to the hearing of the third party applies to the hearing of, or informed by the hearing officer to participate in the hearing, and the hearing of cases by citizens, legal persons or other organizations that have an interest in. Article tenth forestry administration authorities shall designate one to three persons to serve as hearing officer.
    Hearing for two or more persons, shall designate among themselves a Chief hearing officer.
    The hearing officer shall designate a staff member from the Department as a clerk, specific hearing preparation and hearing records.
    11th hearing, one of the following circumstances shall voluntarily withdraw; the parties have the right to apply for the withdrawal of: (a) participation in the investigation of the case, (ii) with the parties to the case or the close relatives of the parties has an interest; (c) and have a stake in the outcome of the case could affect a fair hearing of the case.
    Provisions of the preceding paragraph, apply to clerks, interpreters, expert witnesses. Withdrawal of the hearing decision by the Executive Heads of the competent administrative Department of forestry.
    Scribes, translators, experts avoided by the hearing officer or the Chief hearing officer decisions. 12th article hearing host exercise following terms: (a) decided held hearing of time, and locations; (ii) according to program presided over hearing; (three) requirements hearing participate in people provides or added evidence; (four) on case of facts and applies of legal for asked; (five) maintenance hearing order, on violation hearing order of personnel for warning or criticism; (six) by provides decided hearing of extension, and suspended or end; (seven) on case of processing to forestry administrative competent sector administrative head proposed written recommends; (eight)
    Other powers and functions conferred by this rule.
    13th hearing officer to assume the following obligations: (a) impartiality to carry out hearings under the auspices of responsibilities shall be without prejudice to participants in the hearing stated right, the right to defence and the right of cross-examination, not bending, harboring condoning violations; (b) under the hearing found the evidence, according to the independent, objective and impartial judgment and write written recommendations.
    14th Party, the third party may appoint one or two agents to participate in the hearing.
    Agent is entrusted to the hearing, shall submit to the Department of forestry administration of such principal signed or sealed by the power of attorney.
    Power of attorney shall set forth the matters entrusted and the jurisdiction, principal-agent to give up the exercise of the right to a hearing, there must be a special authorization of the client.
    15th investigation personnel shall participate in the hearing of the case.
    16th article party law enjoys following right: (a) quality card right, on this case of evidence to survey personnel and the witnesses proposed problem and for confrontation of right; (ii) defence right, on this case of facts and legal problem for representations, and justified of right; (three) last statement right, hearing end Qian on this case of facts, and legal and the processing for last statement of right.
    17th the Parties shall undertake the following obligations: (a) attend the hearing, (ii) answer Presiders inquiries, (iii) comply with the hearing disciplines.
    Chapter fourth hearing preparation 18th forestry administrative departments within 3rd day since it proceeded to entertain the hearing of the application, determine the hearing officer or Chief hearing officer.
    19th the investigators of the case should be in accordance with the request of the hearing officer in the 3rd case files transferred to the hearing officer. Article 20th hearing shall, upon receiving the investigators of the case files the date of the transfer hearing established within the 5th time, place, and the hearing shall be held in the 7th, time and place of the hearing will be held to notify the parties and the case investigators.
    When the Government informed investigators of the case, should return to both cases.
    Hearing shall be held in accepts the application for the hearing date in the 20th.
    Article 21st involving State secrets, business secrets or personal privacy, the hearing shall be held in public.
    Public hearing shall publicize the party name, case, as well as the time and place of the hearing.
    Fifth chapter article 22nd hearing presided over by the hearing officer, a Chief hearing officer, presided over by the Chief hearing officer.
    23rd parties without justifiable reason, and has appointed a representative to the hearing, or without the hearing officer allowed to leave, waived hearing right.
    Investigators of the case without justification refused to show up to the hearing, or permit halfway without a hearing, the hearing has the right to order the show up to the hearing; investigators refused to show up to the hearing of the case shall be placed on the making of forestry administrative punishment decision the parties.
    24th article participate in hearing should comply with following discipline: (a) without hearing host allows, shall not statement, and questions; (ii) without hearing host allows, shall not recording, and video and photography; (three) without hearing host allows, hearing participate in people shall not midway exit; (four) shall not using insult sex and other not civilization language; (five) in hearing field shall not using communications tool, shall not applauded, and noise, and noisy or for other hamper hearing activities of behavior.
    For violations of discipline of the hearing, the hearing officer power to stop the serious cases, may be ordered to withdraw from the hearing.
    25th article hearing should according to following program for: (a) by hearing host announced hearing began, announced hearing discipline, check hearing participate in people identity, announced case, announced hearing host, and clerk, and translation personnel list; (ii) told hearing participate in people in hearing in the of right and obligations, asked party whether application avoided; (three) case survey personnel proposed party illegal of facts, and evidence, applies of legal, and regulations or regulations, and intends made of forestry administrative punishment decided;
    (Four) party or its agent on case facts for defence, and submitted evidence material; (five) third people or its agent for statement; (six) asked party or its agent, and case survey personnel, and witnesses and other about personnel, and on about evidence material for quality card; (seven) party or its agent and case survey personnel on this case of facts and legal problem for debate; (eight) party last statement; (nine) hearing host announced hearing end. 26th under any of the following circumstances, may postpone the hearing: (a) the parties cannot be present due to force majeure, (ii) the notice and recusal, you need to determine the hearing, (iii) found important new facts require investigation to verify and (iv) other circumstances that warrant the extension.

    27th article has following case one of of, can suspended hearing: (a) party death or dissolved, need determine right obligations heir of; (ii) party or case survey personnel for not resist of reason, cannot continues to participate in hearing of; (three) need notification new of witnesses scene or need on about evidence again survey, and identification of; (four) other need suspended hearing of case.
    Suspended the hearing after the Elimination of, the hearing officer shall restore the hearing.
    Article 28th of the following circumstances, it shall terminate the hearing: (a) death or dissolution of the party after three months, does not determine the rights and obligations of heirs, and (ii) parties without justifiable reasons, not to participate or withdrew from the hearing, and (iii) other circumstances that require hearing.
    Article 29th hearing forestry administrative punishment hearing shall be made and signed by the hearing and the court clerk. After the hearing at the end of the hearing, shall be handed over to participants in the hearing after verified as correct or supplement, signed or stamped by participants in the hearing.
    Refuses to sign or seal, by hearing recorded, be set out in the hearing record.
    Article 30th all relating to facts and evidence must be produced at the hearing, and identified through the cross-examination without the evidence finds that the evidence should not be excluded as a basis for the forestry administrative punishment.
    31st after the end of the hearing, the hearing officer shall be determined by the hearing the facts and evidence, in accordance with the relevant laws, rules and regulations to penalize the original decision and the facts, reasons and based on the review, presented to the heads of forestry administrative departments administrative hearings hearings of the case report.
    Hearing reports of forestry administrative departments shall, in accordance with established facts and evidence and are punished according to in accordance with the People's Republic of China article 38th of the provisions of the law on administrative punishment decision.
    Article 32nd hearing report should include the following: (a) the hearing of his case, (ii) the hearing officer and the basic situation of participants in the hearing, (iii) the time and place of a hearing; (d) hearing the case facts, evidence, (e) penalty basis; (f) deal with comments and suggestions.
    Sixth chapter supplementary articles article 33rd forest police and forest plant quarantine agency, nature reserve management institutions according to law in the name of their own units of the forestry administrative punishment hearing, by the unit in accordance with the provisions of these rules on their own organization.
    Article 34th Department of forestry administration in accordance with the People's Republic of China forest 34th article collection of logging permits, administrative measures to stop tree cutting, not to apply the provisions of this rule.
    35th article of the rules under the forestry administrative punishment hearing instruments served, in accordance with the relevant provisions of the civil procedure law.
    36th article hearing shall be guaranteed by the Administrative Department of forestry funds, required to provide hearing facilities, equipment, and other facilities.
    37th article of the rules by the State Forestry Bureau is responsible for the interpretation.
                                                                                            38th article of the rules come into force on December 15, 2002.