Public Security Authorities For Administrative Reconsideration Cases Procedure

Original Language Title: 公安机关办理行政复议案件程序规定

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(November 2, 2002, the Ministry of public security announced, 65th) contents chapter I General provisions chapter II chapter III of the administrative body applying for the fourth chapter admissibility fifth chapter review of the sixth chapter decided the seventh chapter by-laws chapter I General provisions article in order to standardize the procedures of public security organs regarding administrative reconsideration cases, prevention and correction of illegal or improper administrative action, protect the legitimate rights and interests of citizens, legal persons and other organizations,     Barrier and supervision of public security organs shall exercise their powers in accordance with the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative reconsideration law) as well as other related laws and regulations, based on actual police work, these provisions are formulated.     Administrative reconsideration of public security organs in these rules in article, refers to the local people's Governments at or above the county level public security organs, the Xinjiang public security organs, public security and communications management agencies, public security departments, the exit-entry frontier inspection station.     Railways, transportation, civil aviation, forestry public security authorities for administrative reconsideration cases, these provisions shall apply.     Article III administrative reconsideration of public security in these rules refers to the Agency of administrative reconsideration of public security organs in charge of Legal Affairs.     Administrative reconsideration of public security administrative reconsideration cases, public security business unit within the legal institutions do not handle administrative reconsideration cases.     Fourth administrative review organizations to accept verbal application for administrative reconsideration of public security, and to relevant organizations and personnel to investigate the situation, listen to the opinion of the applicant, the respondent and the third party, investigators shall be at least two people.     Fifth administrative review agency funding should be required to apply for administrative review cases at the police operational costs would be covered by the same level; apply for administrative reconsideration of public security matters essential facilities, working conditions, administrative reconsideration of public security organs shall be protected.     Sixth administrative reconsideration of public security authorities for administrative reconsideration cases shall follow the principles of lawfulness, fair, open, timely, convenient, and any mistake shall be corrected to ensure that national laws and regulations are implemented correctly. Article citizens, legal persons or other organizations against specific administrative acts of the public security organs according to law can apply to the public security organs of the people's Governments at the corresponding level of administrative reconsideration or higher may apply for administrative reconsideration of public security organs in charge.     Except as otherwise provided by laws and regulations. Second chapter reconsideration organ eighth article on County above levels Government police organ made of specific administrative behavior refuses to of, according to following provides proposed administrative reconsideration application: (a) on Ministry of public security, and province (autonomous regions, and municipalities) Police Office (Council), and Xinjiang production and construction Corps Public Security Bureau made of specific administrative behavior refuses to of, to Ministry of public security application administrative reconsideration; (ii) on city (to, and State, and AU) Public Security Bureau (at) made of specific administrative behavior refuses to of, to province (autonomous regions, and     Municipalities) Public Security Department (Bureau) may apply for administrative reconsideration; (c) the County (city, flags) specific administrative acts of the Public Security Bureau, to the city (, State, AU), police (Department) may apply for administrative reconsideration; (d) the specific administrative acts to the City Public Security Bureau, the municipal Public Security Bureau may apply for administrative reconsideration.     Nineth article on province (autonomous regions, and municipalities) Police Office (Council) directly under the of Public Security Bureau, and city (to, and State, and AU) Public Security Bureau (at) directly under the of Police Branch made of specific administrative behavior refuses to of, to established the directly under the Public Security Bureau, and police branch of province (autonomous regions, and municipalities) Police Office (Council), and city (to, and State, and AU) Council (at) application administrative reconsideration.     Article tenth of local people's Governments at or above the county level public security organ headed by public security fire control institutions of specific administrative acts, the public security organ may apply for administrative reconsideration.     11th local people's Governments at or above the county level public security organ within the public security traffic management agency specific administrative acts, the public security organ may apply for administrative reconsideration.     On public security traffic management agencies under the public security traffic police branch, Brigade (team) of specific administrative acts, can apply to the public security traffic management at a higher level of administrative review.     12th specific administrative acts on immigration border checkpoints, to the exit-entry frontier inspection station for administrative reconsideration.     13th public security border Defense Department specific administrative acts in their own name, to public security border Defense Department at a higher level may apply for administrative reconsideration; to public security departments with specific administrative acts on behalf of the local public security organs, local people's Governments at or above the county level to the local public security organ may apply for administrative reconsideration.     Article 14th police station in accordance with specific administrative acts, may apply for administrative reconsideration of public security authorities set up the police station.     Section 15th of the public security organs authorized by the laws and regulations within the institution or agency beyond the statutory mandate specific administrative acts, belongs to the internal bodies of the public security organ or the establishment of the agency applying for administrative reconsideration of public security authorities.     About the lack of public security organs authorized by the laws and regulations of the internal institutions or agencies of specific administrative acts in their own name, belongs to the internal bodies of the public security organ or a public security organ of the establishment of the agency applying for administrative reconsideration of public security organs at a higher level.     16th to specific administrative acts approved by the public security organs at higher levels, on a legally binding instrument to external stamped with the seal of a public security organ may apply for administrative reconsideration of public security organs at a higher level.     Chapter III application article 17th may apply for administrative reconsideration, may apply in writing, or orally.     18th article written application of, should submitted administrative reconsideration applications, contains Ming following content: (a) applicants and agent of name, and gender, and was born years day, and work units, and residence, and contact way, corporate or other organization of name, and address, and statutory representative people or main head of name, and positions, and residence, and contact way; (ii) was applicants of name, and address, and statutory representative people of name; (three) administrative reconsideration requests; (four) application administrative reconsideration of facts and reason;     (E) the date of application for administrative reconsideration.     Shall be signed by the applicant in the application for administrative reconsideration or NA fingerprints.     19th oral application, administrative reconsideration of public security shall record the applicant's basic situation apply for administrative reconsideration, administrative reconsideration request, the main facts, reason and time, by check or read to the applicant and of the applicant after the confirmation, signed by the applicant or NA fingerprints.     20th applicant due to other justifiable reasons other than force majeure delaying of statutory application period shall submit the corresponding proof by the public security administrative review body that the.     Qian paragraph provides in the of other due reason including: (a) applicants for serious disease cannot in statutory application term within application administrative reconsideration of; (ii) applicants for no capacity people or limit capacity people, its statutory agent in statutory application term within cannot determine of; (three) corporate or other organization merged, and Division or terminated, bear its right of corporate or other organization in statutory application term within cannot determine of; (four) police administrative reconsideration institutions finds of other delay statutory application term of due reason.     21st public security organ specific administrative acts fail to inform the citizens, legal persons or other organizations of right to apply for administrative reconsideration or administrative reconsideration period, apply for administrative reconsideration from the citizens, legal persons or other organizations knew or should have known the right to apply for administrative reconsideration or administrative reconsideration period calculated from the date. Public security organs specific administrative act, is not made or not service of legal documents, refuses to accept the citizens, legal persons or other organizations may apply for administrative reconsideration, as long as they can prove that the specific administrative act, administrative reconsideration of public security organs should be accepted.     Applying for administrative reconsideration period to prove the specific date on which the administrative act. 22nd article following time can finds for applicants know specific administrative behavior of time: (a) spot made specific administrative behavior of, specific administrative behavior made time for know of time; (ii) made specific administrative behavior of legal instruments directly sent by served people of, by served people sign of time for know of time; served Shi I is not of, with common live of has civil capacity of relatives sign of time for know of time; I specified generation received people of, generation received people sign of time for know of time ; By served human corporate or other organization of, its transceiver sector sign of time for know of time; (three) by served people refused to received made specific administrative behavior of legal instruments, has served people, and witnesses in served back card Shang signature or sealed of, served back card Shang signed of time for know of time; (four) through mailing way served party of, party sign mail of time for know of time; (five) through announcement form told party of, announcement provides of time expires of day of next day for know of time     And (f) the laws, rules, regulations and other normative documents do not provide performance, the public security organs of 60 days from the date of receipt of the statutory duty to apply for time for the applicant to know the next day; laws, rules, regulations and other normative documents provide performance, the day after the date of expiration of time to know. 23rd citizens, legal persons or other organizations for public security institutions to perform their statutory duties, laws, rules, regulations and other normative documents do not provide the time of performance, public security organs within 60 days from the date of receipt of the application does not perform, citizens, legal persons or other organizations may apply for administrative reconsideration.     Laws, rules, regulations and other normative documents of time of performance is provided, from its provisions.     The applicant's lawful rights and interests are violated or in other emergency situations request to perform the statutory duties of public security organs, public security organs are not fulfilled, applicants can now apply for administrative reconsideration.     24th applicant during the restricted in his personal liberty may apply for administrative reconsideration, the execution venue shall be registered and its application for administrative reconsideration referred to in the 3rd administrative reconsideration of public security authorities.     Referred to the time of an application for administrative reconsideration, not included in the administrative reconsideration application review period.     Fourth chapter entertained article 25th administrative reconsideration of public security is responsible for receiving citizens, legal persons and other organizations to submit an application for administrative reconsideration.     Other organs of public security administrative reconsideration organs receiving the application for administrative reconsideration of should be registered and transmitted to the administrative reconsideration of public security on that day; oral application for administrative reconsideration, other internal bodies shall inform his application for administrative reconsideration of public security organs according to law.     26th article police administrative reconsideration institutions received administrative reconsideration application Hou, should on the application whether meet following conditions for preliminary review: (a) proposed application of citizens, and corporate and other organization whether has application people qualification; (ii) whether has clear of was applicants and administrative reconsideration requests; (three) whether meet administrative reconsideration range; (four) whether over administrative reconsideration term; (five) whether belongs to this organ accepted.     27th article police administrative reconsideration institutions since received administrative reconsideration application of day up 5th within should respectively made following processing: (a) meet administrative reconsideration method provides of, be accepted; (ii) not meet administrative reconsideration method provides of, decided not accepted, and business sent administrative reconsideration application not accepted decided book; (three) meet administrative reconsideration method provides, but not belongs to this organ accepted of, should told applicants to right to accepted of administrative reconsideration organ proposed.     28th article following case not belongs to police administrative reconsideration range: (a) on handle criminal case in the law take of criminal forced measures, and criminal investigation measures, criminal judicial behavior refuses to of; (ii) on police organ law mediation refuses to of; (three) on processing fire accident, and traffic accident and handle other administrative case in the made of identification conclusion, refuses to of; (four) on complaints was dismissed refuses to of; (five) other law not should accepted of administrative reconsideration application.     The applicant believes the public security organ of the Criminal Justice Act abuses, beyond the terms of reference of meddling in economic disputes and administrative body for reconsideration shall, before making the inadmissibility decisions, administrative reconsideration of public security organs at a higher level in a timely manner.     29th public security agencies when reviewing an application for administrative reconsideration of administrative reconsideration, and has an interest in applying for administrative reconsideration of specific administrative act of the citizens, legal persons or other organizations, you can tell its a third party administrative review.     30th citizens, legal persons or other organizations may apply for administrative reconsideration of specific administrative behaviors and have a stake in their own, may apply to the administrative reconsideration of public security organs as a third party to the administrative review.     31st and has an interest in applying for administrative reconsideration of specific administrative act of the citizens, legal persons or other organizations were told to participate in an administrative review or apply for administrative reconsideration is permission, without a legitimate reason not to participate in, without prejudice to the administrative review.     Articles 32nd to the applicant and the third party commissioned agent to participate in the administrative reconsideration, administrative reconsideration of public security should be submitted by the delegate signature or seal a power of Attorney, power of attorney shall set forth the matters entrusted and the specific permissions.     Rescission or change of applicants, third parties, it shall notify the administrative reconsideration of public security. 33rd public security authorities could apply for administrative reconsideration of administrative reconsideration of admissibility dispute, the parties to the dispute should be resolved through consultation.     Through consultation, by the disputing parties on a common level of public security agencies to accept.     34th the applicant apply for administrative reconsideration, administrative reconsideration of public security authorities without justification to delay or refuse to accept the superior public security organ shall order the case.     35th a superior public security organ shall be ordered to accept an application for administrative reconsideration of public security organs at lower levels, shall make an application for administrative reconsideration of the order the notification of acceptance, send is ordered to, and notify the applicant.     Were ordered to accept an application for administrative reconsideration of public security organs receiving the application for administrative reconsideration order the notification of acceptance, shall be deemed inadmissible; administrative reconsideration decision, should be submitted in a timely manner the administrative reconsideration decision ordered the record.     Article 36th superior public security organ considers ordering accepts the application for administrative reconsideration of public security organs at lower levels is not conducive to legitimate, fair treatment, the superior public security organ may be handled directly.     Fifth chapter review 37th article police administrative reconsideration institutions should on was applicants made of specific administrative behavior of following matters for full review: (a) main facts whether clear, evidence whether hard; (ii) applies according to whether right; (three) whether meet statutory program; (four) whether beyond or abuse; (five) whether exists obviously improper; (six) whether belongs to not perform statutory duties.     38th administrative reconsideration of public security in these provisions while reviewing matters provided for in the 37th, the following matters should be reviewed: (a) whether the specific administrative act should be suspended and (b) they need to notify the third party of administrative reconsideration; (c) need to be submitted to the administrative reconsideration organ brainstorm; (d) the need to hear views from Parties.     39th administrative reconsideration of public security administrative punishment shall focus on the following matters: (a) whether the applicant has the legal authority, (ii) the facts are clear, the evidence is conclusive, and (iii) the application basis is correct; (d) the penalty if there is improper (v) compliance with statutory procedures.     40th administrative reconsideration of public security administrative coercive measures should focus on the following: (a) whether the applicant has the legal authority, (ii) compliance with the prescribed conditions, (iii) compliance with the prescribed scope and duration (iv) apply depending on whether the right (v) compliance with statutory procedures.     41st administrative reconsideration of public security administrative permission should be focused on the following matters: (a) the license belongs to the respondent's statutory functions, (ii) not to permit ground; (c) compliance with the statutory permitted scope and (iv) compliance with the prescribed procedures.     42nd article police administrative reconsideration institutions on applicants think was applicants not perform statutory duties of administrative reconsideration case, should focus review following matters: (a) whether belongs to was applicants of statutory duties; (ii) was applicants whether clear said refused to perform or not replies; (three) whether over statutory perform term; (four) was applicants proposed cannot in statutory term within perform or cannot timely perform of reason whether due.     Fails to perform the statutory duties provided for in the preceding paragraph refers to the respondent the applicant on application made in accordance with law, shall, within the statutory time limit or for a long time to fulfil its statutory duties, failing to comply or there is no valid reason for delay.     The respondent has actually fulfilled, but due to force majeure or non-respondent itself did not continue to perform the necessary or its full, does not belong to do not perform their statutory duties.     Article 43rd administrative reconsideration law of administrative reconsideration of public security organs to 26th, 27th in the "rules", "basis" should be reviewed from the following aspects: (a) it conflicted with the normative documents of the upper order, (ii) whether the order contradicts normative documents, and (iii) whether the statutory remit of the enacting body.     44th administrative reconsideration of public security organs shall have the right to a review of the following normative documents: (a)-level public security organs to develop normative documents, (ii) regulatory documents established by the public security organs at lower levels.     45th public security administrative reconsideration of normative documents identified as illegal, according to the following principles: (a) belongs to the public security organs should be repealed or amended in the 30th, (ii) belonging to the lower-level public security organs, shall be within the 30th revoked or be ordered to subordinate public security organ to be repealed or amended in the 30th.     46th in administrative reconsideration of public security administrative reconsideration institutions the following normative documents to be examined, shall be made of the normative document review letter, according to procedures to be forwarded: (a) the administrative reconsideration of normative documents established by the higher administrative authority; (b) the administrative reconsideration of public security organs not competent to deal with the other regulatory documents.     47th article of normative documents transmitted according to the following provisions: (a) regulatory documents established by the higher administrative authority, in terms of procedure forwarded to the authorities to develop the normative documents, (ii) and the administrative reconsideration organ at the other administrative bodies or the subordinate organs of the executive authorities of normative documents, transferred to the executive authorities.     48th on administrative reconsideration of public security organs developed jointly with other administrative authorities of normative documents, jointly developed by the administrative authorities of normative documents. 49th in accordance with the administrative reconsideration law of the 26th, 27th, organ of the normative document concerned, conclusions should be advised in writing to develop organs and administrative reconsideration organs.     Prescribed in the preceding paragraph in the conclusions include: (a) the normative documents legal, decisions be maintained; (b) normative documents illegal, depending on the circumstances, be revoked or annulled, or proposed amendments, amendment and ordered the enacting body deadline.     50th normative documents of the period under review, administrative reconsideration of public security organs shall suspend the review of the specific administrative act, if necessary, can decide to stop execution of the specific administrative act.     51st over grave and complicated administrative reconsideration cases shall submit the administrative reconsideration organ brainstorm.     Grave and complicated administrative review referred to in the preceding paragraph refers to the case: (a) cases involving national interests, public interests and have a significant impact, (ii) major foreign or involving Hong Kong S.A.R., and Macau S.A.R., and Taiwan region's case and (iii) public security administrative reconsideration institutions considered significant and complex cases of administrative review.     52nd article has following case one of of, police administrative reconsideration institutions can to about organization and personnel survey Forensics: (a) applicants on case main facts has objections of; (ii) was applicants provides of evidence mutual contradictions of; (three) applicants or third people proposed new of evidence, may denied was applicants finds of case main facts of; (four) other need survey forensics of case.     Administrative reconsideration institutions collect and additional evidence in the administrative review process and cannot be used as administrative reconsideration of public security organs to maintain the original specific administrative act in accordance.     53rd article administrative reconsideration in principle take written review of approach, but has following case one of of, police administrative reconsideration institutions can face to face heard applicants, and was applicants and third people of views: (a) party requirements face to face heard views of; (ii) case complex, need party face to face description situation of; (three) involved administrative compensation of; (four) other need face to face heard views of case.     To listen should ensure equal representation, the right to cross-examine and debate by the parties.     54th article face to face heard views should making record and contains Ming following content: (a) time, and locations and the case personnel name; (ii) applicants, and was applicants, and third people of basic situation; (three) case; (four) applicants, and was applicants statement of facts, and reason, and legal according to, and their of requests and debate of focus; (five) witnesses testimony, evidence material.     To listen record shall be verified by the participant or before entering a fingerprint and signature.     55th article was applicants in submitted had made specific administrative behavior of evidence, and according to and other about material of while, should to original made specific administrative behavior of organ name proposed written replies, contains Ming following main content: (a) case of basic situation; (ii) specific administrative behavior finds of facts and according to; (three) on administrative reconsideration application matters of views; (four) was applicants of requests.     The 56th in the administrative review process, the respondent shall not collect evidence from the applicant and any other organizations or individuals on their own.     Has following case one of of, by police administrative reconsideration organ allowed, was applicants can added related evidence: (a) in made specific administrative behavior Shi has collection evidence, but for force majeure, due reason cannot provides of; (ii) applicants or third people in administrative reconsideration process in the, proposed has its in police organ implementation specific administrative behavior process in the no proposed of refuted reason or evidence of. 57th article applicants, and third people on application administrative reconsideration of specific administrative behavior of following facts, should provides corresponding evidence material: (a) proved application administrative reconsideration meet statutory conditions of, but was applicants think applicants application administrative reconsideration over statutory term of except; (ii) was applicants not perform statutory duties of administrative reconsideration application case in the, proved its has proposed application requirements was applicants perform duties of; (three) applicants in application administrative reconsideration Shi together proposed of administrative compensation in the,     In support of its losses caused by their specific administrative acts against and (iv) other evidence should be provided.     Article 58th during administrative review, applicant, respondent or the third party disagrees with the conclusions, can recertification according to law.     59th applicants, third parties and their agents to participate in the administrative review, you can check out the respondent's written reply, the giving of evidence, based on the specific administrative act, and other related materials, and involve State secrets, business secrets or private affairs otherwise.     Applicants, third parties and their agents need access to the respondent's reply and the specific administrative act undertaken by evidence, evidence and other material shall be to the administrative reconsideration of public security administrative review before a decision is made.     60th administrative reconsideration decision is made, the applicants to withdraw an application for administrative reconsideration, with justification, may be withdrawn.     Administrative reconsideration of public security organs to allow the applicant to withdraw after an application for administrative reconsideration, the applicant to re-submit an application for administrative reconsideration on the same facts and grounds, administrative reconsideration organs inadmissible.     61st under any of the following circumstances, not to allow the applicant to withdraw the application for administrative reconsideration: (I) withdraw an application for administrative reconsideration might harm national interests, public interests or the legitimate rights and interests of others, (ii) withdraw an application for administrative reconsideration is not voluntarily for the applicant, and (iii) other circumstances that are not allowed to withdraw an application for administrative reconsideration. 62nd article administrative reconsideration during, except administrative reconsideration method 26th article, and 27th article provides outside, has following case one of of, administrative reconsideration suspended: (a) applicants or third people death, need waiting for its near relatives participate in administrative reconsideration of; (ii) applicants or third people lost capacity, its agent yet determine of; (three) as applicants of corporate or other organization terminated Hou, its right inherited yet determine of; (four) applicants for police organ made specific administrative behavior of same illegal facts,     Been subject to criminal compulsory measures; (v) the applicant, the respondent or the third person due to force majeure or other justifiable reasons, cannot participate in the administrative reconsideration; (f) the need to wait for the conclusions of and (VII) case law, need to ask the Agency for an explanation or confirmation, and (VIII) other circumstances that warrant the suspension of administrative reconsideration.     Suspension of administrative reconsideration and administrative body for reconsideration shall make a written decision on the suspension of administrative reconsideration, and served on the applicant and the third party and the applicant.     Aborted after elimination of the reasons of administrative reconsideration, administrative reconsideration should be restored in a timely manner.     63rd article administrative reconsideration during, except administrative reconsideration method 25th article provides outside, has following case one of of, administrative reconsideration terminated: (a) was applicants revoked its made of specific administrative behavior, and applicants law withdrawn administrative reconsideration application of; (ii) accepted administrative reconsideration application Hou, found the application not meet administrative reconsideration method provides of; (three) application administrative reconsideration of citizens death and no near relatives, or near relatives voluntary gave up application administrative reconsideration of;     (D) applying for administrative reconsideration after the termination of the legal person or other organization, did not inherit the rights of a legal person or other organization, or inherits its rights of a legal person or other organization to give up applying for administrative reconsideration; (v) the applicant made the same illegal specific administrative act by public security organs is sentenced.     Termination of administrative reconsideration, administrative reconsideration of public security organ shall draw up a notice of the termination of administrative reconsideration, and served on the applicant, the respondent or any third party.     64th articles need to stop execution of a specific administrative act, administrative reconsideration of public security organ shall make the notification of specific administrative act decided to stop the execution, and served on the applicant and inform the applicant and the third party.     Sixth chapter 65th decision under any of the following circumstances shall be decided by the applicant during a certain period to perform the statutory duties: (a) belonging to the respondent's statutory functions, the respondent made it clear that refuse to perform or not to respond to the application; (b) belonging to the respondent's statutory duties and statutory implementation time frame, the respondent fails to perform or failed to respond.     Provides for no statutory time limit for performance, administrative reconsideration of public security organs according to the specific circumstances and performing actual may be determined from the performance of terms or ordered to take corresponding measures.     66th under any of the following circumstances, you should confirm that the specific administrative act unlawful: (I) the applicant fails to perform the statutory duties, but the decision has no practical meaning of fulfilling its statutory duties, (ii) does not have a specific administrative act to revoke or alter the content, (iii) cannot be established by law or a specific administrative act invalid. 67th Administrative reconsideration of public security organ had decided to withdraw a specific administrative act or confirm the specific administrative act unlawful and orders the respondent conducted a specific administrative act, if necessary, the terms which can qualify new specific administrative act is made in conjunction with learning specific administrative acts anew for the longest period of not more than 60 days.     The respondent conducted a specific administrative act, shall report to the administrative reconsideration of public security organ for the record in writing.     Citizens, legal persons or other organizations to the re-establishment of specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.     68th under any of the following circumstances, it shall determine the specific administrative act applies based on error: (a) the applicable basis has become invalid, repealed, (ii) applicable basis has not entered into force; (c) the applicable pursuant to improper and (iv) other applicable according to error situations.     69th article has following case one of of, should finds the specific administrative behavior violation statutory program: (a) law should avoided and not avoided of; (ii) in made administrative punishment decided zhiqian, no law perform told obligations of; (three) refused to heard party statement, and defence of; (four) should hearing and not hearing of; (five) other violation legal, and regulations, and regulations provides program of case.     The 70th under any of the following circumstances, it shall determine the specific administrative act beyond the powers: (a) beyond the territorial jurisdiction, (ii) beyond the law enforcement powers and (iii) other circumstances that go beyond the terms of reference.     71st on the respondent within the statutory terms of deliberately making inappropriate administrative behavior, violations of the legitimate rights and interests of the applicant, can determine the specific administrative act of abuse.     72nd respondent specific administrative act and other specific administrative acts of a similar nature and seriousness of the disparities, administrative reconsideration of public security organ finds that a specific administrative act is clearly inappropriate.     73rd administrative reconsideration of public security situation is complex, cannot make a reconsideration decision within the time limit specified, requires extension of administrative review cases, shall extend the time for making the administrative reconsideration notice served on the applicant and the respondent. Qian paragraph provides in the of situation complex including: (a) need on applicants, and third people in administrative reconsideration process in the proposed of new of evidence again identification, and inspection or added, cannot in statutory of administrative reconsideration term within settles of; (ii) need on was applicants made of specific administrative behavior by finds of facts for further of survey verified, or applicants, and third people requirements for further of survey verified, cannot in statutory of administrative reconsideration term within survey verified finished of; (three) administrative reconsideration case involved more of party, and     In different areas, not within a statutory period of administrative review concluded, and (iv) other not made within the statutory period of administrative review the administrative complexities of the reconsideration decision.     74th article police administrative reconsideration organ made administrative reconsideration decided, should making administrative reconsideration decided book, contains Ming following content: (a) applicants, and third people and agent of name, and gender, and age, and career, and address,, corporate or other organization of name, and address, and statutory representative people,; (ii) was applicants of name, and address, and statutory representative people,; (three) applicants of administrative reconsideration requests; (four) applicants proposed of facts and reason; (five) was applicants replies of facts and reason;     (F) the administrative reconsideration of public security agencies identify the facts, reasons and application of basis; (VII) administrative review conclusion; (VIII) bring administrative proceedings against an administrative reconsideration decision deadline or final performance; (IX) the date decided by the administrative reconsideration.     The administrative reconsideration decision shall bear the administrative reconsideration of public security seals or seal of administrative reconsideration of public security.     Seventh chapter supplementary articles article 75th public security decision system of administrative reconsideration of public security authorities.     The 76th served in the present provisions, including direct service, indwelling, mail delivery and post delivery service.     Service of legal documents, you should use of the delivery receipt.     Served by mail, registered mail should be used. 77th these provisions come into effect on January 1, 2003. The provisions established by the Ministry of public security before publishing the relevant provisions are inconsistent with this provision, is subject to this provision.

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