Taiyuan Administrative Review Provisions

Original Language Title: 太原市行政复议规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399586.shtml

Taiyuan administrative review provisions

    (The 3rd of February 24, 2014 municipal executive meeting on March 3, 2014 in Taiyuan City people's Government release as of May 1, 2014, 84th) Chapter I General provisions

    First for further regulating the work of administrative reconsideration, administrative reconsideration system resolution of administrative disputes, resolving social conflicts, according to the People's Republic of China administration reconsideration law and the People's Republic of China regulations for the implementation of the administrative reconsideration law and other laws and regulations, combined with the city's actual, these provisions are formulated.

    Second, administrative reconsideration organs at all levels to handle administrative reconsideration matters governed by these provisions. Article III shall perform the duties of administrative reconsideration is the administrative body for reconsideration of the administrative body.

    Agency of administrative reconsideration organs in charge of Legal Affairs (hereinafter referred to as administrative reconsideration institutions) specifically handle administrative reconsideration matters.

    Fourth article administrative reconsideration organ should law established sound administrative reconsideration institutions, city, and County (city, and district) Government should reference sibling Court handle administrative case of power configuration situation, equipped with, and full, and transfers full-time administrative reconsideration personnel, established and perfect case places, will administrative reconsideration activities by needed funding included this organ administrative funding be guarantees, guarantee administrative reconsideration institutions of case capacity and work task phase adapted.

    Fifth administrative review the outcome of the case as the respondent administration performance evaluation and accountability based on one of the.

    Chapter II application

Article sixth of specific administrative acts apply for administrative review of citizens, legal persons or other organizations for applicants, specific administrative acts for the respondent.

    Staggered by the applicant the applicant, administrative reconsideration body should inform the change applicant does not agree with the changes, the application is inadmissible.

    Article seventh County (municipal and district) people's Government refuses to accept the non-standing body set up by a specific administrative act, and higher people's Governments may apply for administrative reconsideration.

    Article the applicant by fax, e-mail, submit an application for administrative reconsideration and related materials, administrative reconsideration institutions received, shall inform the applicant in the 10th to submit original material.

    Nineth administrative reconsideration institutions require the applicant to supplement the application materials are not included in the time that is spent on administrative reconsideration hearing deadline.

    Article tenth petition departments complaints received in accordance with the administrative review is admissible, it shall inform the complainant to the administrative review bodies may apply for administrative reconsideration.

    Chapter III admissibility

11th administrative reconsideration applications after examination is admissible, administrative reconsideration shall be served within five working days from the date of receipt of the applicant an application for administrative reconsideration notice of acceptance; acceptance within seven working days from the date the respondent served notice of the administrative review responses.

    Applications belonging to the scope of administrative reconsideration, but does not belong to the jurisdiction of the organs, organ of receiving application materials shall, within five working days, inform the applicant to have the right to apply for.

12th the respondent from the date of receipt of the notification of the administrative review responses in the 10th, should be submitted to the administrative reconsideration institutions containing the following main elements of the administrative review reply:

(A) the name and address of the applicant, name and title of legal representative;

(B) the applicant made specific factual and legal basis of the administrative act;

(C) the applicant requests for administrative review and the facts and reasons of defence and burden of proof;

(D) the description of specific administrative behaviors to maintain, dismissed an application for administrative reconsideration, administrative reconsideration, mediation and other responses;

(E) response time.

    Evidence was submitted by the applicant, grounds, and other related materials shall be bound into volumes and directories, and instructions. 13th administrative authorities when making a specific administrative act, it shall be served on the citizens, legal persons or other organizations concerned legal instruments.

    Was not produced or service of legal documents, the parties concerned may apply for administrative reconsideration, can prove that the specific administrative act and in accordance with the statutory conditions for admissibility, administrative reconsideration shall be accepted. 14th the same administrative reconsideration cases applicants of more than 5 people, shall, within five working days from the date of acceptance of the case selection 1 to 5 representatives to participate in the administrative review.

    On behalf of the person's behavior was representative of a legally effective, but modification or waiver, settlement or withdrawal of an application for administrative reconsideration shall be agreed by the representative. During the 15th administrative reconsideration, administrative reconsideration institutions considered the applicant other than the citizens, legal persons or other organizations and examined the specific administrative act interested, you can notice it as a third party to the administrative review.

Notify the third party to the time not later than 10th, not included in the statutory time limit.

    Does not participate in the administrative reconsideration of the third party, without prejudice to the administrative review hearing of the case. 16th the applicant believes the administrative reconsideration organ without a legitimate reason not to accept an application for administrative reconsideration has the right to complain to the administrative reconsideration organ at a higher level.

    After reviewing the inadmissibility of unfounded, should be ordered to accept within five business days.

    17th superior administrative body for reconsideration shall order subordinate administrative reconsideration organs accepted and not accepted or considered it necessary to directly accept the higher administrative body for reconsideration may be handled directly.

    18th laws and regulations before the administrative review procedure, Parties adopted the administrative reconsideration of direct administrative proceedings are Court ruled inadmissible or dismissed, prosecuted between the date of entry into force of legal instruments not included in the application for administrative reconsideration period during the day.

    19th the applicant bring administrative proceedings to the same specific administrative act has been accepted and submitted an application for administrative reconsideration, administrative reconsideration is inadmissible; has been accepted, shall terminate the administrative review.

    The fourth chapter proceedings

    20th administrative review cases before the administrative reconsideration institutions, should be applied for a specific administrative act legality, suitability to undertake a comprehensive review.

Article 21st on the facts are clear and simple administrative review cases, approved by the heads of administrative reconsideration, administrative review can be identified and assisted hearing personnel 1 trial.

    For complex, critical, difficult cases, should consist of 3 or more singular administrative review officers collegiate group trial.

    22nd article involving State secrets, business secrets and personal privacy cases, administrative reconsideration cases before the administrative reconsideration hearing.

    23rd contracting out administrative reconsideration cases of administrative review personnel is a party to the case or his or her close relatives, and has other interests might affect the fair trial of the case, shall be avoided in accordance with the relevant provisions.

    24th administrative reconsideration institutions in administrative reconsideration in the case found that the applicant or the specific duties of the acts alleged against the staff, relevant materials should be transferred to the supervisory authorities.

    The fifth chapter of mediation and conciliation

25th mediation administrative reconsideration institutions reach an agreement by the parties and the administrative reconsideration organ shall set forth the following the administrative reconsideration of mediation:

(A) the applicant may apply for administrative reconsideration, fact and reason for the request;

(B) facts, reason, evidence, and evidence of the applicant replies;

(C) the administrative reconsideration organ's findings of fact, evidence and evidence;

(D) conciliation and results;

(E) implementation of mediation.

    Administrative reconsideration of the mediation agreement sealed by the administrative reconsideration organ of seal or seal of administrative reconsideration, signed by both parties, which have the force of law.

    26th the administrative reconsideration organ thought to be applied for the specific administrative act is not appropriate, can be recommended before making an administrative review, coordination, mediation, such as urging the respondent to change the way a specific administrative act or reached a settlement with the applicant.

27th the respondent changed a specific administrative act or reconciliation with applicants that meet the following criteria, administrative body for reconsideration shall be permitted to terminate administrative review:

(A) the applicant voluntarily withdrew an application for administrative reconsideration;

(Ii) does not violate or circumvent the prohibitive provisions of laws, regulations and rules;

(C) without prejudice to the public interest and the legitimate rights and interests of others;

(D) the respondent notify the administrative reconsideration institutions have changed a specific administrative act or submit the reconciliation agreement with the applicant;

    (E) with the participation of the third party, third party without objection.

28th by the administrative reconsideration organ permitting settlement and termination of administrative reconsideration shall at the termination of administrative reconsideration of decision set out in the settlement.

    Again on the same facts and grounds the applicant may apply for administrative reconsideration, administrative reconsideration is inadmissible; but the applicant does not fulfil the settlement agreement or the applicant has submitted evidence that settlement violates voluntary principles or reconciliation content except for violation of mandatory provisions of the laws, rules and regulations.

    The sixth chapter decided

    Article 29th withdrawn an application for administrative reconsideration does not meet the statutory criteria, administrative body for reconsideration shall not terminate the administrative reconsideration, and shall make an administrative reconsideration decision within the statutory time limit.

30th under any of the following circumstances, administrative reconsideration organs should be made to confirm the specific administrative act unlawful decisions:

(A) the applicant fails to perform the statutory duties shall be ordered to perform has no practical meaning;

(B) the content does not have a revocable, or revoke its moot;

(C) the revocation will cause significant harm to the public interest;

    (Iv) not valid or invalid by law.

    Article 31st of specific administrative actions to enforce, rescind, confirm illegal, changes administration reconsideration decision documents should be issued by the head of the administrative body for reconsideration, other administrative reconsideration law instruments can be issued by the administrative review bodies, sealed by the administrative reconsideration organ or administrative review seal.

    The seventh chapter Guide and supervise

    32nd people's Governments above the county level administrative review body should subordinate administrative reconsideration, administrative reconsideration is regularly checked, guidance, and supervision.

33rd of administrative reconsideration organs administrative reconsideration decision made under any of the following circumstances, shall be served on the parties concerned in the administrative reconsideration decision within 15th of higher level administrative reconsideration of administrative reconsideration organs to submit for the record:

(A) making inadmissible an application for administrative reconsideration decision;

(B) rejected an application for administrative reconsideration decision;

(C) the decision to repeal the specific administrative act;

(D) to confirm the specific administrative act unlawful decisions;

(E) change of specific administrative acts decisions;
(F) termination of administrative reconsideration decision is made;

(G) the superior administrative body for reconsideration of administrative review decisions of administrative reconsideration request for the record.

34th record administrative reconsideration decision, shall submit the following materials:

(A) the application for reconsideration;

(B) administrative review reply;

(Iii) key evidence, according to copies of the specific administrative act;

(D) the administrative reconsideration decision;

    (E) submit it deems it necessary to submit additional material.

    35th administrative body for reconsideration shall apply for administrative reconsideration cases and administrative litigation cases of statistical analysis, in accordance with the relevant provisions submitted to the case of statistical and analytical reports. Article 36th the applicant shall fully implement an administrative reconsideration decision.

Not to implement the decision, administrative reconsideration organs shall ex officio examination, supervision, and order the deadline to fulfil.

The applicant or the third party because the respondent did not fulfil administrative reconsideration decision complained to the administrative body for reconsideration, administrative reconsideration organs shall within seven working days from the date of receipt of the complaint under notices issued the order, orders the respondent to perform within.

    Date on which the applicant receives notice of the order to perform within 15th must perform an administrative reconsideration decision, and report the results of administrative reconsideration organs. 37th based on administrative review cases involving administrative reconsideration institutions of administrative law enforcement making administrative review submissions.

    Being the applicant shall receive administrative review within the statutory time limit from the date of submission to the rectification submitted to the Agency of administrative reconsideration.

    Article 38th of administrative reconsideration organs and administrative reconsideration institutions making administrative review of legal instruments, you should use the model established by the Office of Legislative Affairs under the State Council.

    39th after the end of administrative review cases, the administrative reconsideration institutions shall, in accordance with records management regulations administrative review case filing and administration.

    The eighth chapter by-laws 40th article of the regulations come into force on May 1, 2014.