Advanced Search

Zhuhai City People's Government Administrative Review Provisions

Original Language Title: 珠海市人民政府行政复议规定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Administrative review of the jewell City Government

(Adopted on 13 December 2013)

Chapter I General

Article 1 provides for the regulation of administrative review and the role of the administrative review system in resolving administrative disputes, tackling social contradictions, building the rule of law government, and establishes this provision in line with the National People's Republic of China's Administrative Review Act, the National People's Republic of China Administrative Review Act and the relevant policy provisions.

Article 2

Article 3 of the jewell City Administrative Review Commission (hereinafter referred to as the Executive Review Committee) is the statutory responsibility of the executive review body entrusted to it by the Government of the city for the consideration of administrative review cases.

Article IV is established by the Administrative Review Committee and co-located with the municipal rule of law sector.

The Office of the Administrative Review Committee performs the statutory responsibilities of the executive review body under the Administrative Review Act, the Administrative Review Law Enforcement Regulations, and assumes the day-to-day work of the Administrative Review Committee, with the following responsibilities:

(i) The application for administrative review.

(ii) Organization of administrative review cases investigations, hearings, mediation.

(iii) The first instance of administrative review cases.

(iv) Drafting an administrative review instrument.

(v) Organization of the Committee on Administrative Review.

(vi) Drafting the administrative review system.

(vii) Other work of the Administrative Review Committee.

Article 5. The Executive Review Committee shall adopt a member's decision consisting of the Director, the Deputy Director, permanent and non-permanent members.

The Director of the Administrative Review Committee is headed by the Mayor and the Deputy Director is appointed by the Deputy Mayor for the administration of justice in the Government, and permanent members are elected by the relevant heads of the municipal government with executive review powers, the municipal rule of law, inspection, correspondence, etc. The extraordinary members are appointed by the municipality for a term of three years, which can be re-elected and the municipal government can adjust the membership on the basis of the facts.

The Chief of the Bureau of the Administrative Review Committee is headed by the principal head of the municipal rule of law sector, and the Deputy Director is headed by the executive review in the municipal rule of law sector.

Article 6

Article 7. The requirements for the activities of the Administrative Review Committee shall be guaranteed by the city-level finance.

Chapter II Application and admissibility

Article 8

(i) In accordance with the Administrative Review Act, the Administrative Review Act implementing regulations, the application of administrative review cases to the municipality.

(ii) In accordance with the Administrative Review Act, the Administrative Review Act implementing regulations, the application of administrative review cases to the municipality's constituent departments.

The municipal government component with the executive review is no longer admissible for administrative review requests, with the exception of the decision of the Government of the city not to be accepted by the Administrative Review Committee.

Article 9. The Office of the Administrative Review Committee shall be open to the administrative review of the application. The applicant may submit an application for administrative review through an administrative review window, facsimile, postmail or a designated website.

Article 10. The applicant shall apply for administrative review to the municipality's constituent branch of the right to administrative review, which shall receive the application and transfer the application to the Office of the Committee on Administrative Review within 2 days.

Article 11. The municipality consisting of the former executive review authority should appoint staff to coordinate with the Office of the Committee on Administrative Review, in conjunction with the work of the Administrative Review Committee.

Article 12. Civil, legal or other organizations shall inform the complainant of the application of administrative review in accordance with the conditions of administrative review and, within the time period of the statutory application for administrative review, to the Mission.

The Office of the Administrative Review Committee shall send a copy of the application for administrative review to the applicant within three days of the date of receipt of the application for administrative review, who shall submit to the Office of the Administrative Review Committee, within 10 days of receipt of a copy of the application for administrative review, relevant material, legal basis and responses to specific administrative actions.

Chapter III Review and decision

Section I Summary process

Article 14. Specific administrative acts requested for review are one of the following cases and are clear and simple in the preliminary review of the facts, and the administrative review committee may apply a summary procedure for the conduct of the proceedings:

(i) A citizen's warning, suspension of a licence or licence, a fine of one thousand yen (people's currency, tandem) or forfeiture of proceeds of an offence and confiscation of the proceeds of an unlawful property subject shall be punished by a penalty of up to 3,000 dollars.

(ii) A person or other organization shall be punished by a suspension of a licence or licence, a fine of up to 50,000 dollars or forfeiture of proceeds of an offence and forfeiture of the proceeds of illegal property.

(iii) Execution of administrative coercive measures, such as seizures, freezing of citizens' property, amounting to less than 50,000 dollars.

(iv) Administrative coercive measures such as seizures, seizures, freezing of property of legal persons or other organizations, amounting to less than 10,000 dollars.

(v) Consider that the administrative organs are in breach of their obligations.

(vi) To request the executive branch to perform its statutory duties, and the executive branch has not been carried out by law.

(vii) The facts are clear and simple other specific administrative acts.

Article 15. The administrative review case shall be subject to a summary procedure, which shall be reviewed by a staff member appointed by the Office of the Administrative Review Committee, as approved by the Chief of the Administrative Review Committee.

Article 16 provides administrative review decisions on the application of the summary procedure, which are issued by the Director of the Administrative Review Committee or by the Deputy Director, authorized by the Director, plus chapter of the Government.

Other legal instruments for administrative review were issued by the Director of the Committee on Administrative Review and are printed in the office of the Committee on Administrative Review.

Article 17, when applying a summary procedure, the staff of the trial case found that the merits was complex and difficult and should be advised in the light of the general process and approved by the Chief of the Administrative Review Committee.

Section II General procedures

Article 18 The Administrative Review Committee shall, in addition to the application of a simple procedure, apply the general procedures.

Article 19 applies to general procedures for administrative review cases, which shall be reviewed by the staff of the Office of the Administrative Review Committee over three cases.

Article 20 Staff of the Office of the Administrative Review Committee shall review the following:

(i) The applicant's request and reasons.

(ii) The facts and reasons for the applicant's response.

(iii) Whether the applicant has the subjectivity and responsibility to make specific administrative acts.

(iv) The fact that a specific administrative act determines whether the evidence is clear and whether the basis for application is correct.

(v) The legality and legitimacy of the procedures for specific administrative acts.

(vi) The appropriateness of specific administrative acts.

(vii) Other matters requiring review.

Following the completion of article 21, the review findings and preliminary responses were developed by the administrative review staff and submitted to the Administrative Review Committee for its consideration.

In accordance with the order and professional characteristics of the membership, the Executive Review Committee's case decision will be presided over by the Director of the Bureau of the Administrative Review Committee or its designated staff, with the participation of five to nine members each option, of which a very majority of the members shall be represented.

Members participating in the Administrative Review Committee's case review of the case were considered by the members of the Committee on Administrative Review and, in accordance with the principle of a limited number of deferences, voted in the form of an administrative review of the case.

Article 24, following the decision of the Committee on Administrative Review, the Executive Review Committee was prepared by the Office of the Committee on Administrative Review to prepare an administrative review decision to be issued by the Director of the Administrative Review Committee or by the Deputy Director authorized by the Director.

Article 25 An administrative review of the reconsideration shall be issued by the Director of the Administrative Review Committee or by the Deputy Director authorized by the Director.

The Director of the Administrative Review Committee or the Deputy Director, authorized by the Director, did not agree to reconsider the views and should be invited to make a decision on the study of the Standing Committee.

Article 26 shall apply to the administrative review decision taken by the general procedure, which shall be issued by the Director of the Administrative Review Committee or by the Deputy Director authorized by the Director, plus the Government of the People's Republic of Gégué.

Other legal instruments for administrative review were issued by the Director of the Committee on Administrative Review and are printed in the office of the Committee on Administrative Review.

Article 27, in the course of administrative review cases, may be conciliationd by law and the production of administrative review mediation letters, which are issued by the Director of the Administrative Review Committee or by the Deputy Director, who is authorized by the Director.

Section III

The Office of the Administrative Review Committee shall organize hearings in one of the following cases:

(i) The application of administrative review cases before the general process.

(ii) There is a significant impact and may involve public interest.

(iii) The difficulty, complexity and failure to hold hearings to ascertain the basic circumstances of the case.

(iv) The applicant for administrative review, the applicant or the third person for a hearing and the office of the Administrative Review Committee considers it necessary.

(v) The Office of the Administrative Review Committee considers other cases where hearings are required.

The Office of the Administrative Review Committee is specifically responsible for the hearings of administrative review cases.

The hearing shall be held before the administrative review is completed by the applicant's response.

Article 31, the applicant for Administrative Review and the third person may participate in the hearing in person, may also entrust one to two agents.

The executive review was to be heard by the applicant and no grounds for refusing to attend. The main head of the administrative review was not able to attend, and other relevant staff of the unit should be delegated to participate as an agent.

In article 32, the applicant for Administrative Review dismissed the hearing without justification for refusing to participate in the hearing or without allowing access.

The administrative review was rejected by the applicant without justification and should have the corresponding legal consequences.

The third party of the executive review was not present or was unable to participate in the hearings for the reasons, without prejudice to the holding of the hearings.

The Office of the Administrative Review Committee may invite the members of the Administrative Review Committee to participate in the hearings and to hear their views.

The hearing is conducted in accordance with the following procedure:

(i) The Office of the Committee on Administrative Review shall notify the participants of the time and place of the hearings to be held by three hearings.

(ii) The hearings are chaired by the Chief of the Administrative Review Committee or by its designated staff.

(iii) At the time of the hearings, the applicant read out the application for administrative review and the applicant should respond to the facts and the basis of the specific administrative conduct that was made, and the parties could provide evidence of the facts.

(iv) The hearings should produce hearings, which are confirmed by the parties without delay or by the name.

Article XV of the administrative review hearings should serve as the basis for the administrative review committee to hear administrative review cases.

Other provisions of chapter IV

Article XVI Administrative Review Instruments are harmonized by the Office of the Administrative Review Committee.

In the process of receiving administrative review requests or dealing with administrative review cases, the Office of the Administrative Review Committee found important issues, such as social stability, that could be affected by timely reporting on municipal governments or referrals to relevant authorities.

In the course of the trial of the case, the Administrative Review Committee found that the administrative organs and their staff had provocative fraud or other malfessional, negligence, should be transferred to the inspectorate; the suspected offence should be transferred to the judiciary.

Article 39 provides for the period of administrative review, as follows: 7 days of work and no holidays; more than 7 days are natural days.

Chapter V

Article 40 Specific working procedures of the Administrative Review Committee and related work systems are developed by the Government of the city.

Article 40