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Guangdong Province, A Major Administrative Hearing Provisions

Original Language Title: 广东省重大行政决策听证规定

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Major administrative decision-making hearings in the broader province

(Health Session of the Twelfth People's Government of the Great Britain and Northern Province, 5 February 2013, considered the adoption of the Decree No. 183 of 1 April 2013, published as effective 1 June 2013)

Chapter I General

Article 1 promotes scientific, democratic, legal decision-making and guarantees the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the relevant provisions of the State Department's Decision on strengthening the administration of the municipality, the State's observations on strengthening the rule of law government.

Article 2

The laws, regulations, regulations and regulations also provide for their provisions.

Article 3. The rule of law institutions at all levels are responsible for the guidance, coordination, supervision and institution-building of important administrative decision-making hearings.

Inspections at all levels are subject to legal scrutiny of the hearings of major administrative decisions.

The following article IV is a major administrative decision-making and should organize hearings:

(i) Legal, regulatory and regulatory matters that should be heard;

(ii) Preparation of administrative decision-making matters, such as major public interest;

(iii) Administrative decision-making matters, such as education, medical treatment, which are closely linked to the interests of the people;

(iv) Administrative authorities consider administrative decision-making matters requiring hearings.

Article 5 should organize major administrative decision-making matters for hearings, in accordance with article IV of the present article, the executive body should develop a catalogue of hearings and make it available to society.

The executive body should revise the list of hearings in a timely manner, in accordance with the laws, regulations, regulations and economic and social development.

Significant administrative decision-making hearings should be guided by the principles of openness, equity, justice, full access to the views of citizens, legal persons and other organizations to guarantee their rights to make statements and evidence.

Chapter II

Article 7. The organ of the hearing organization is the executive body for making significant administrative decisions.

Major administrative decision-making bodies are the Government of more than the population at the district level, which may be designated by the executive decision-making recommendation or by other organs designated by the Government as a body of hearings.

Article 8. Major administrative decision-making is co-sponsored by more than two executive organs, co-organized hearings by the relevant administrative organs or by one of the administrative organs appointed by them at the first level.

Article 9. The executive body may entrust the organization of hearings with the institutions of higher education, scientific institutions, social organizations and other organizations with the functions of the management of public affairs.

Chapter III Hearing

Article 10 Hearings include the moderator, the hearing and the hearing.

The moderator of the hearing was appointed by the hearing organization. One of the following cases shall not be the moderator of the hearing:

(i) Head of the executive decision-making programme;

(ii) Relationship with hearing matters;

(iii) Other possibilities may affect the impartiality of the hearings.

Article 12

(i) Presided over the hearings;

(ii) Maintenance of the hearings order, warning of violations of the disciplinary acts of hearings or taking the necessary measures to put an end to them;

(iii) Decides to suspend and rehabilitate the hearings;

(iv) Other responsibilities under laws, regulations and regulations.

Article 13. Hearings are staffed by the executive decision-making recommendations.

The hearingor shall, if any, describe the content, rationale, reason and the context of the hearings and respond to queries from the participants.

Article 14. Hearing is generated by citizens, legal persons and other organizations that have volunteered to attend hearings.

The hearing participants could collect public opinions, receive materials related to hearings, provide advice on hearings, and respond in a timely manner.

The hearing participants shall be allowed to participate in the hearings, to adhere to the discipline of the hearings and to reflect, objectively and impartially, the views and proposals related to the hearings.

The participants should indicate the basis and the reasons for the draft decision-making proposal in writing.

Organization of the hearings

Article 15 hearings are generally held in the form of live meetings and may also be held in the form of videos, networks.

Article 16 shall publish a hearing announcement by 30 days of the hearings, either at the level of the People's Government portal or at this organ's portal. The hearings should include the purpose, content, basis, hearing time, place and the manner in which the witness is present.

The organizations of the hearings should be encouraged to participate actively, including through press conferences, newspapers, radio, television or networks.

Article 17 shall determine, on the basis of the nature, complexity and scope of the hearings, the duration of the hearings and the duration of the hearings, in accordance with the principle of broad and representativeity, and shall be set forth in the hearings.

Citizens, legal persons and other organizations may participate in the hearings on the basis of the hearings.

When citizens, legal persons and other organizations are represented at the hearings, they should clarify the basic opinions on the matter of hearings and be recorded by the organization's bodies.

The number of participants in the hearing is determined by the body of the organization under article 17 but shall not be less than eight.

The number of applications with the same opinions exceeds the number of participants scheduled to be heard, and the applicants may consult themselves to recommend the hearing participants; the consultation is difficult and should be drawn by lots.

The number of applicants or the actual number of participants in hearings is less than the number specified in paragraph 1, and the hearings should be postponed.

Article 20 lists of persons participating in the hearings shall be determined by 20 years of the hearings and made available through the portal of the people's government or the portal of this organ.

The list of participants in the hearings should include the hearing facilitators, the hearing of the witness, the hearing of the witness and the status of the person.

Article 21, the letter of the hearing and the content of the hearings, the basis, the grounds and the relevant background material shall be delivered to the participants by 10 days of the hearings.

The material provided by the hearing bodies should be clear and precise. The hearing participants made different views on the material and the organization should be supplemented or interpreted.

Proceedings

The hearing should be held in public order to allow citizens, legal persons and other organizations to be heard without denying coverage of the media, except for State secret, commercial secret and personal privacy.

The hearing was held in accordance with the following procedure:

(i) Staff members verify the presence of the hearing and the hearing participants.

(ii) The hearing moderator opened the hearings and announced that the hearings were Disciplinary, heard and heard, heard and heard.

(iii) The author's presentation of the content, rationale, rationale and relevant context of the hearings; the participants presented the content, rationale and reason for the draft decision-making recommendations that it had proposed.

(iv) The participants made observations and recommendations on hearings.

(v) The hearing sheet responds to the queries, observations and recommendations of the hearing participants.

(vi) The hearing and the hearing participants debate on the main facts and views of the hearings.

(vii) A final presentation by a participant.

(viii) The closing of the hearings by the moderator.

Article 24 of the hearings may be made available to the hearing facilitators at the time when the witness is heard. The moderator was of the opinion that there was a violation of this provision and should be corrected in a timely manner.

Article 25 Hearing shall produce a hearing video containing the main points and reasons for the recording of the parties by the organization of the hearing.

The hearings were confirmed and archived by the facilitators of the hearing, the hearing and the hearing.

The participants considered that the hearings were misleading and had the right to request the addition. The hearing licensor rejects the signature and the organization should be indicated in the hearings.

Article 26 The organization of the hearing shall, within 10 days of the end of the hearings, produce a hearing report based on the hearings. The hearings should be independent, impartial, objective and include the following:

(i) The basic situation of the hearings;

(ii) The manner in which the participants are heard and their basic situation;

(iii) The main observations or recommendations of the hearings and their basis, reasons;

(iv) The main issues of the debate on the parties;

(v) An analysis of the views of the parties and the processing of recommendations;

(vi) Other needs clarification.

The hearings should be accompanied by relevant information, such as hearings.

Chapter VI

Article 27 should be an important reference to administrative decision-making.

Article 28 should be taken into account and adopted by the executive body with respect to the reasonable observations and recommendations made in the hearings. Significant administrative decision-making matters against the majority of the participants should be taken by the executive organs after further arguments.

With regard to the adoption of observations and recommendations and the reasons for their non-recognition, the bodies of the hearings should receive feedback from the participants in writing and be made available to society in appropriate ways.

Major administrative decision-making matters should be heard by law and not heard by the executive branch.

Article 33 The rule of law of the Government should determine whether the hearings are organized by law as a matter of review of the legitimacy of major administrative decisions. Major administrative decision-making matters that should be heard by law without hearing are not subject to review by legality.

Chapter VII Legal responsibility

The Government of the people at the district level should use the executive body to conduct a major administrative decision-making hearing as an important element of the legal administrative examination.

Article 32, in violation of this provision, is one of the following cases by the executive body or by its superior administrative organs, in accordance with the relevant provisions, to be held accountable for their administrative error, which may be taken into account by law by the competent and other direct responsible persons directly responsible:

(i) No directory of hearings, as required;

(ii) The law shall be heard without hearing;

(iii) No hearing activity in accordance with the prescribed procedures;

(iv) Discussing vouchers or other unjustifiable means to influence the outcome of the hearings;

(v) Other violations of this provision.

Chapter VIII

Article 33 provides that organizations authorized by law, legislation and regulations carry out major administrative decision-making hearings, taking into account the provisions.

Article 34, paragraph 1, of the present article is implemented effective 1 June 2013.