Zhuhai City People's Government Administrative Review Provisions

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399661.shtml

Zhuhai city people's Government administrative review provisions

    (November 26, 2013 28 Zhuhai city people's Government Municipal Government regular meeting December 13, 2013) Chapter I General provisions

    First to standardize the administrative reconsideration, administrative reconsideration system in the settlement of administrative disputes, resolving social conflicts, the role of building government governed by law, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administration reconsideration law implementing regulations as well as relevant policies and provisions, combined with the city's actual, these provisions are formulated.

    Article the Zhuhai municipal people's Government, as the administrative reconsideration organ at the municipal level, reception, administrative reconsideration cases, administrative reconsideration decisions are made, these provisions shall apply.

    Zhuhai city, third administrative review Committee (hereinafter referred to as administrative review Committee) is the resolution of administrative review cases before municipal people's Government institutions, specific performance of the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative reconsideration law), the People's Republic of China regulations for the implementation of the administrative reconsideration law (hereinafter referred to as the implementation of the administrative reconsideration Law Ordinance) granted the statutory functions of administrative reconsideration organs.

Fourth Administrative Review Committee set up under the Office, Department of Legal Affairs, and City offices.

Office of Administrative Review Committee implementation of the administrative reconsideration law, the implementation of the administrative reconsideration Law Ordinance grant the statutory functions of the administrative reconsideration, administrative reconsideration is the daily work of the Commission, which shall perform the following duties:

(A) accepts the application for administrative review.

(B) investigations, hearings, mediation of administrative reconsideration.

(C) the views of first instance for administrative reconsideration cases.

(D) drafting administrative review instruments.

(E) organizational administrative review committee meeting.

(F) drafting administrative review system.

    (VII) other work assigned by the administrative review board.

Fifth administrative reconsideration members agreed system Committee, composed of a Chairman, Deputy Director, Member of the permanent and non-permanent members. Director of administrative review committee chaired by the Mayor, Deputy Director by the Deputy Mayor in charge of the legal work of the Government, the permanent members made up of Municipal Government has the right to administrative review Department and municipal heads of departments such as the legal system, monitoring, complaint letters and calls, and non-permanent members from the NPC deputies and CPPCC members, academics, experts, practitioners and other members of the community elected.

Non-permanent members appointed by the Government for a term of three years and may be reappointed, and can be adjusted according to the actual situation of members of the municipal government.

    Director, Office of administrative review committee chaired by the city Legislative Affairs Department Chief, Deputy Director, head of the Legal Department in charge of the administrative review work, by post.

    The sixth municipal government departments who will have administrative reconsideration, shall, within their respective mandates, with the Office of administrative review committee work.

    The seventh administrative review requirements for the activities of the Committee, should be guaranteed by municipal finance.

    Chapter II application and acceptance

Eighth executive Review Committee accepted the following cases:

(A) in accordance with the administrative review law, the implementation of the administrative reconsideration Law Ordinance to the city may apply for administrative reconsideration cases.

(B) in accordance with the administrative review law, the implementation of the administrative reconsideration Law Ordinance to the municipal government departments applying for administrative reconsideration cases.

    Municipal Government departments who will have administrative reviews no longer accepts an application for administrative reconsideration, municipal people's Government decided to leave the administrative review unless it is accepted by the Committee. Nineth Office of administrative reconsideration Committee shall open an application for administrative reconsideration channel.

    Applicants can receive window, administrative reconsideration fax, mail or put forward an application for administrative reconsideration on the specified Web site.

    Article the applicant to the municipal government departments who will have administrative review may apply for administrative reconsideration, the Department shall receive applications for and within the 2nd application materials transfer Office of Administrative Review Committee.

    11th original municipal government departments who will have administrative reconsideration shall specify staff members, is responsible for coordination with the Office of Administrative Review Committee contacts with the Office of administrative review committee work.

    12th the citizens, legal persons or other organizations to meet the issues of administrative reconsideration is admissible, within the statutory application for administrative reconsideration period to complaint Department complaints, letters and calls departments shall inform the complainant, apply for administrative review.

    13th Office of administrative reconsideration Committee shall, in accepting an application for administrative reconsideration within 3rd day of administrative reconsideration of the application, serve a copy on the respondent, the respondent shall on receipt of the copy of the application for administrative reconsideration in the 10th, to submit to the Office of Administrative Review Committee made specific administrative acts relevant evidential materials, legal basis and in response to the book.

    Chapter III examination and decision

    Section summary

14th is applied for reconsideration of specific administrative act has any of the following circumstances, and following a preliminary review of the facts are clear, the case is simple and may be tried in summary proceedings the Administrative Review Committee:

(A) citizens subject to a warning, suspend a permit or licence, 10,000 yuan (RMB, same below) the following fines or confiscation of illegal proceeds, the confiscation of unlawful property or things of RMB 30,000 yuan penalty.

(B) withholding for legal persons or other organizations license or licenses, below 50,000 yuan fine or confiscation of illegal gains, the confiscation of unlawful property or things of RMB 100,000 yuan penalty.

(C) on public property, such as sealing up, distraining and freezing administrative coercive measures, amount of up to 50,000 yuan.

(D) on the property of legal persons or other organizations to take sealing up, distraining and freezing administrative coercive measures, such as, amount of less than 100,000 yuan.

(E) that law requires the executive authorities to fulfil their obligations.

(F) request the executive authorities perform their statutory duties, will the executive authorities of failing to perform.

    (VII) other specific administrative act of the facts are clear, the case is simple.

    15th administrative reconsideration cases of summary proceedings shall be approved by the Director of the Office of Administrative Review Committee, appointed by the Office of administrative review committee staff heard.

16th section of summary proceedings of administrative reconsideration decision, reported by the Director of the Office of Administrative Review Committee for administrative review Commission issued or authorized by the Director, Deputy Director, stamped with the seal of the city.

    Other administrative reviews legal instruments issued by the Director of the Office of Administrative Review Committee, stamped with the seal of the Office of Administrative Review Committee.

    In summary proceedings, the 17th to hear the case found the case is complex, difficult, and should be presented according to the General procedure and opinion, Director, Office of Administrative Review Committee for approval.

    Section II general procedure

    18th administrative reconsideration, administrative reconsideration cases before the Committee, with the exception of summary proceedings, general procedures shall apply.

    Article 19th General procedures of administrative reconsideration cases should consist of more than 3 staff of the Office of Administrative Review Committee to review the case.

20th Administrative Review Committee Office staff for administrative review cases, should review the following:

(A) the request of the applicant, and why.

(B) the respondent respond to facts and reason.

(C) whether the respondent has specific qualifications and responsibilities of the administrative act.

(D) the specific administrative action whether or not the facts are clearly ascertained, whether the evidence is conclusive, and applies the correct basis.

(E) the procedures for specific administrative acts are lawful and legitimate.

(F) the specific administrative act is appropriate.

    (G) other matters requiring review.

    Article 21st review has been completed, formed by the staff of administrative reconsideration review conclusions and preliminary comments, submitted to the review of the Committee's consideration at a resolution of the case.

    22nd Commission on administrative reconsideration cases resolved, by the Director of the Office of administrative review committee or its designated officer, according to the order list of members and professional characteristics, each 5 to 9 members of the singular event, which non-permanent members should account for more than half of the members participating in the Conference.

    23rd to participate in administrative reconsideration cases resolved that members of the Committee to consider the case, in accordance with the majority principle, vote by vote, formed the administrative reconsideration cases resolved.

    24th Administrative Review Committee formed to seek advice, make a written administrative reconsideration decision by the Administrative Review Board Office, administrative review issued by the Director or authorized by the Director, the Deputy Director of the Committee. 25th Administrative Review Committee officer or authorized by the Director, Deputy Director of think needs to resolve the case should be entrusted the Office of Administrative Review Committee be organized by more than half the members to participate in the review of the Committee's meetings, in accordance with the majority principle, vote by vote.

The newly-approved resolution of administrative reconsideration, reported by the Director of the Office of Administrative Review Committee for administrative review Commission issued or authorized by the Director, Deputy Director.

    Administrative Review Board Director or Deputy Director is not authorised by the Director agreed to seek the Council's opinion, shall be submitted to the Standing Committee of the municipal people's Government made decisions.

26th general procedures administrative reconsideration decision made by the Executive Director or authorized by the Director, the Deputy Director of the Committee for reconsideration after the issuance of, stamped with the seal of the municipal people's Government.

    Other administrative reviews legal instruments issued by the Director of the Office of Administrative Review Committee, stamped with the seal of the Office of Administrative Review Committee.

    27th officers handle administrative reconsideration cases of administrative review process, in accordance with law, mediation, and mediation of administrative reconsideration, Administrative Review Committee review after the issuance of, or authorized by the Director, Deputy Director, stamped with the seal of the municipal people's Government.

    Section III hearing procedures

28th under any of the following circumstances administrative review cases, Office of Administrative Review Committee shall organize the hearing:

(A) the general procedures of administrative reconsideration cases.

(B) has a significant impact and is likely to involve the public interest.

(C) the difficult, complex and does not hold a hearing to identify the basic circumstances of the case.

(D) the applicant, the respondent or the third person apply for a hearing, Office of Administrative Review Committee deems it necessary.

    (E) hearing Office of Administrative Review Committee considers necessary in other circumstances.

    29th Office of Administrative Review Committee has specific responsibility for administrative reconsideration hearings of the case. 30th hearing in administrative reconsideration the respondent submitted reply, held before the conclusion of the administrative review cases.
    31st administrative reconsideration, the applicant, the third party may attend the hearing in person or may appoint 1 or 2 agents to participate in. Administrative reconsideration the respondent shall attend the hearing shall not be refused to attend for any reason.

    Administrative review unit in charge of the applicant is unable to attend shall entrust other relevant staff of the unit as an agent to participate in the hearing.

Article 32nd administrative reconsideration, the applicant abandoned, without any justified reason, refuses to participate in the hearing or leave without permission, canceled the hearing.

Administrative reconsideration the respondent refused to participate in the hearing without good reason, should bear the legal consequences.

    Administrative reconsideration does not participate in or otherwise unable to participate in the hearing of the third party, does not affect the hearing.

    Article 33rd Administrative Review Committee Office of Administrative Review Committee members may be invited to the hearing to listen to their views.

Article 34th hearing according to the following procedures:

(A) the Office of Administrative Review Committee should be convened at the hearing before 3rd hearing time, place, inform the participants in the hearing.

(B) a hearing by the Director, Office of administrative review committee or its designated staff Chair.

(C) when the hearing was held, the applicant took an application for administrative reconsideration, the respondent shall be made in respect of the specific administrative act was based on the facts and according to the reply, quote the relevant facts, the parties would be able to make the cross-examination.

    (D) the hearing shall make a record of hearing and hearing the parties confirm and sign or seal.

    35th administrative reconsideration hearing should serve as a basis for administrative reconsideration of administrative review cases before the Committee.

    Other provisions of the fourth chapter

    36th administrative reconsideration instruments served centrally by the Office of Administrative Review Committee.

    37th Office of Administrative Review Committee in accepting an application for administrative reconsideration or the processing of administrative review cases, major problems such as findings may affect social stability, shall promptly report to the municipal government or referred to the relevant authorities.

    Case during the 38th Commission on administrative reconsideration, administrative organs and their staff have found irregularities for favoritism or other malfeasance, dereliction, shall be handed over to the monitoring Department; a suspected crime, shall be transferred to the judicial authorities.

    39th article stipulates provisions on administrative reconsideration period 7th days refers to working days, excluding holidays; 7th above refers to a natural day.

    The fifth chapter supplementary articles

    40th the reconsideration of the Board's work procedures and related work, developed separately by the municipal people's Government. 41st these provisions come into force on January 13, 2014.