(Adopted by the 3rd Standing Conference of the People's Government of 24 February 2014, No. 84 of 3 March 2005 No. 84 of the Decree No. 84 of the People's Government Order No. 84 of 3 March 2014)

Chapter I General

Article 1, in order to further regulate the work of administrative review, plays the role of the administrative review system in resolving administrative disputes, distributing social contradictions, and in accordance with the laws and regulations such as the National People's Republic of China's Administrative Review Act and the National People's Republic of China Administrative Review Act.

Article 2

Article 3 is the executive review body responsible for administrative review under the law. The organs responsible for the rule of law (hereinafter referred to as the executive review body) deal with administrative matters.

Article IV. The executive review body shall establish, in accordance with the law, a sound administrative review body, which shall ensure that the requirements for administrative review activities are guaranteed by the administrative provisions of this organ, in the light of the strengths of the administration of the same People's Court, staffing, enhancement, responsiveness to the mandate.

Article 5

Chapter II Application

Article 6 does not apply to citizens, legal persons or other organizations for administrative review in accordance with the law, to the applicant for specific administrative acts.

The applicant's error should be informed by the administrative review body of its changes; the applicant disagrees with the change and is inadmissible for its application.

Article 7. Specific administrative acts against non-permanent institutions established by the Government of the People of the District (communes, areas) are not consistent and apply for administrative review to the Government of the people at the highest level.

Article 8. The applicant shall submit an application for administrative review and related material in a facsimile and e-mail manner, and the administrative review body shall communicate to the applicant the original submission of the relevant material within ten days.

Article 9. The administrative review body requested the applicant to fill the time used for the submission of the material without taking into account the administrative review period.

Article 10 responds to a complaint received by the visiting authorities on matters that are in compliance with the administrative review and shall inform the complainant of the application of administrative review to the relevant administrative review body in accordance with the law.

Chapter III

Article 11. The administrative review request shall be submitted to the applicant within five working days of the date of receipt, for the purposes of the administrative review of the request for admission, and the letter of reference to the administrative review shall be communicated to the applicant within seven working days from the date of receipt.

The applicant shall be informed, within five working days, of his application to the competent organ, of the scope of the administrative review, but not under the jurisdiction of this body.

Article 12 Within ten days from the date of receipt by the applicant of the letter of reply to the Administrative Review Conference, the Administrative Review Replies should be submitted to the administrative review body containing the following key elements:

(i) The name, address, name and place of the legal representative;

(ii) The factual basis and legal basis for specific administrative acts by the applicant;

(iii) Resolves and evidence of the applicant's administrative review requests and facts and grounds;

(iv) A description of the responses to specific administrative acts, such as the maintenance, rejection of administrative review requests and the conduct of administrative review mediation;

(v) Time of response.

The evidence, basis and other relevant material submitted by the applicant shall be accompanied by a directory and description.

In making specific administrative acts by the executive body, legal instruments should be brought to legal instruments by the relevant civil, legal or other organizations. Without the production or delivery of legal instruments, the parties apply for administrative review to demonstrate the existence of specific administrative acts and in accordance with the statutory conditions of admissibility, the executive review body shall be admissible.

Article 14. The same administrative review case applicant exceeds five and shall be elected from one to five members within five working days of the date of the receipt of the case. The act of a representative has legal effect on the part of the representative, but changes, waivers, conciliation or withdrawal of the application for administrative review are subject to the consent of the representative.

Article 15. During the administrative review, the executive review body considers that citizens, legal persons or other organizations other than the applicant are in a position to be in the interest of the specific administrative acts reviewed and may inform its participation in administrative review as a third party. The third party was notified not to be included in the statutory trial period for a period not exceeding 10 days.

The third does not participate in administrative review without prejudice to the trial of administrative review cases.

In article 16, the applicant considers that the administrative review body has no reason to accept the application for administrative review and has the right to petition the executive review body at its highest level. It was not established to review the grounds for admissibility and should be held within five working days.

The executive review body of Article 17 may be directly admissible by the executive review body at the level of the executive review body.

The law, legislation and regulations stipulate the pre-adjustment procedure for the administration of justice, where the parties have not initiated administrative proceedings directly by the People's Court to decide whether they are inadmissible or dismissed, and the period between the date of the prosecution and the date of entry into force of the legal instrument is not included in the administrative review application.

Article 19 The applicant's application for administrative proceedings before the People's Court for the same specific administrative conduct was accepted and the administrative review body was inadmissible; administrative review should be terminated.

Chapter IV

Article 20 examines administrative review cases by administrative review bodies and shall conduct a comprehensive review of the legitimacy and appropriateness of the application for specific administrative acts.

Article 21 makes it clear and simple administrative review of the facts and circumstances, with the approval of the head of the executive review body, it may determine the appointment of an administrative reviewer and assist in the conduct of each trial.

The complex, significant and suspected cases should be dealt with by a group of more than three administrative reviewers.

In addition to cases involving national confidentiality, commercial secrets and personal privacy, the administrative review body may hear cases of administrative review.

Article 23. The administrative review case of a member of the administrative review body is a party to the present case or his close relatives and other stakes in the present case, and should be avoided in accordance with the relevant provisions.

In the administrative review case, the administrative review body found that the applicant or his staff were suspected to be in breach of his or her duties when making specific administrative acts, and that the relevant material should be transferred to the inspection body.

Chapter V Mediation and reconciliation

Article 25: The executive review body presides over the agreement of the mediator party, and the executive review body shall produce the Administrative Review Conciliation Paper containing the following elements:

(i) The applicant's request for administrative review, facts and reasons;

(ii) The facts, grounds, evidence and basis of the applicant's response;

(iii) The facts, evidence and basis determined by the executive review body;

(iv) Mediation and results;

(v) Means of mediation.

The Administrative Review Conciliation Bill adds a chapter of the executive review body or a special chapter for administrative review, which is legally binding upon signature by the parties.

Article 26 The administrative review body considers that the specific administrative acts of the application are not appropriate and may, in advance of the administrative review decision, be subject to recommendations, coordination, mediation, etc., to urge the applicant to change specific administrative acts or to seek reconciliation with the applicant.

Article 27 is subject to changes in specific administrative conduct by the applicant or reconciliation with the applicant, and the executive review body shall grant and terminate the administrative review:

(i) The applicant voluntarily withdrew the application for administrative review;

(ii) Non-compliance with or circumvention of prohibited provisions of laws, regulations and regulations;

(iii) No harm to public interest and legitimate rights of others;

(iv) The applicant's written notification that the administrative review body has changed specific administrative acts or submitted a reconciliation agreement with the applicant;

(v) There were third parties, with no objection.

Article 28, which is authorized by the executive review body and terminated administrative review, should include the contents of reconciliation in the Administrative Review of the Final Decisions.

The applicant has once again applied for administrative review on the same facts and grounds, and the administrative review body is inadmissible; however, the applicant has not complied with the reconciliation agreement or the applicant has provided evidence that reconciliation violates the voluntary principles or that the content of reconciliation violates the legal, regulatory and mandatory provisions.

Decision VI

Article 29 applied for the withdrawal of an application for administrative review that was not in accordance with the statutory conditions, and the executive review body shall not terminate the administrative review and shall make administrative reconsideration decisions within the time frame of the legal proceedings.

In one of the following cases, the executive review body shall make a decision to confirm the violation of specific administrative acts:

(i) The applicant has not fulfilled his statutory duties and has no practical effect;

(ii) The irrevocable content or the withdrawal of it;

(iii) Removal of significant damage to public interest;

(iv) The law is not established or nullified.

The instrument for the maintenance, withdrawal, recognition of the law, changes in administrative review decisions should be issued by the executive review body, and other administrative review legal instruments may be issued by the head of the executive review body, plus a copy of the executive review body or a special chapter for administrative review.

Guidance and oversight

Article 32

Article 13. The executive review body has one of the following cases in which the executive review decision shall be taken:

(i) Inadmissibility of administrative review requests;

(ii) The decision to reject the application for administrative review;

(iii) A decision to withdraw specific administrative acts;

(iv) The decision to confirm the violation of specific administrative acts;

(v) The decision to change specific administrative conduct;

(vi) A decision to terminate administrative review;

(vii) Other administrative review decisions requested by the executive review body of the parent administration.

Article 34, Resolves for administrative review, shall send the following materials:

(i) Applications for administrative review;

(ii) Administrative review responses;

(iii) The principal evidence of specific administrative acts, based on photocopy;

(iv) Administrative review of decisions;

(v) Other material considered necessary by the sending authority.

Article 335 The administrative review body shall conduct statistical analysis of administrative review cases and administrative responses to the case and conduct statistical statements and analytical reports in accordance with the relevant provisions.

The applicant shall fully implement the administrative review decision. In the absence of an administrative review decision, the executive review body shall, in accordance with its mandate, inspect, advocate and order its duration.

The executive review body shall issue a letter of credit from seven working days from the date of receipt of the complaint by the applicant and the third person who is not in compliance with the administrative review decision to lodge a complaint to the administrative review body, which shall be subject to the deadline of the applicant.

The applicant must comply with the administrative review decision within 15 days of the date of receipt of the letter of the Order and report the results to the executive review body.

Article 37 provides that the executive review body may produce administrative review opinions based on administrative law enforcement issues involved in administrative review cases. The applicant shall reclassify the situation to the administrative review body within the statutory period from the date of receipt of the administrative review.

Article 338. The executive review body and its administrative review bodies have produced legal instruments for administrative review and should use the model text developed by the State Department's rule of law working body.

Following the end of the administrative review case, the administrative review body should manage the archiving of administrative review cases in accordance with the relevant provisions of the archives.

Chapter VIII

Article 40