Responding To Chongqing Administration Administrative Approaches

Original Language Title: 重庆市行政机关行政应诉办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346577.shtml

Responding to Chongqing administration administrative approaches

    (December 27, 2010 Chongqing Government 90th times Executive Conference considered through January 5, 2011 Chongqing Government makes No. 245, announced since March 1, 2011 up purposes) first article for specification this city administrative organ administrative sued behavior, promote law administrative, according to People's Republic of China administrative procedure, and State full advance law administrative implementation platform for and State on strengthening City County government law administrative of decided, combined this city actual, developed this approach.

    Article II, the city administration and organization authorized by laws, rules and regulations (hereinafter referred to as administrative organs) the administrative litigation Act, these measures shall apply.

    Article that this referred to the respondent, refers to the administrative body in citizens, legal persons or other organizations on the specific administrative act undertaken after you initiate litigation to the people's Court, as the activities of the respondent to participate in the proceedings in accordance with law.

    Fourth municipal people's Government Office of Legislative Affairs is responsible for the work of the municipal administrative organs of administration in responding to guidance and supervision.

    District (County) people's Government Executive in the Office of Legislative Affairs is responsible for the administration of administrative litigation work guidance and supervision.

    Fifth administrative authorities upon receipt of the respondent informed Court, shall determine the administrative litigation contractors.

    Responding to administrative agency is the Executive business work organizations perform administrative duties, can also be a legal working body of the executive authorities.

    Municipal administration in responding, the municipal people's Government and municipal office of Legislative Affairs in the Office of organization and implementation.

    Responding to article sixth administrative agency shall do the following:

    (A) review of the relevant circumstances of the case, proposed by the Executive Director or the agent to appear responsive proposals;

    (B) preparation of pleadings, representation, etc;

    (C) organize court litigation;

    (D) administrative litigation case filing, reported in accordance with the relevant provisions;

    (E) drafting administrative respondent reports as needed, on administrative litigation in the process and questions were analyzed;

    (Vi) other work prescribed by laws, rules and regulations.

    Article seventh executive served on receipt of the Court after the copy of the complaint, found to have one of the following situations should be challenged in a people's Court within the legal time limit:

    (A) part of the pre-review, but adopted the administrative reconsideration;

    (B) the final decision should be made by the executive authorities in accordance with law;

    (C) does not belong to the jurisdiction of the people's Court according to law;

    (D) does not have the qualification of the plaintiff;

    (E) prosecution within the statutory period;

    (Vi) other circumstances as stipulated by law.

    Article eighth administration in administrative proceedings, it shall bear the burden of proof for its specific administrative acts.

    Administrative authorities shall, from the date of receipt of the copy of the complaint to 10th in the pleadings submitted to the Court, and to provide evidence of specific administrative act, according to.

    Due to force majeure or other legitimate reason, not from the date of receipt of the copy of the complaint in the 10th to submit to the court evidence, basis, the executive authorities shall be submitted in writing in a timely manner to the people's Court postponement evidence, according to the application.

    Nineth under any of the following circumstances, the Executive heads should appear before the respondent:

    (A) administrative bodies within the jurisdiction of administrative cases that have major impact;

    (B) administrative administrative or executive action of administrative litigation cases have a greater impact;

    (C) Executive heads appear in court to ascertain the facts of the case, resolution of administrative disputes administrative litigation cases;

    (D) the Court shall notify the head of the executive authorities in court responsive administrative cases.

    Tenth is responding to perform the administrative duty of the legal representative of the executive responsibility, should actively court action; if the executive authorities in charge of work related business heads appear in court in favor of resolving disputes, promoting administration according to law, the executive authorities may also appoint the legal representative in charge of the head appear in court.

    Article 11th Nineth and tenth of these measures provided, executive authorities can delegate this authority Office of Legislative Affairs as agent ad litem or other internal bodies of staff to participate in the proceedings as agent ad litem may also appoint a lawyer or other legal workers to participate in the proceedings.

    Administration lawyers or other legal practitioners as agent ad litem shall be conducted by the Authority's staff as agent ad litem together to participate in the proceedings. 12th article principal-agent to participate in the proceedings of the executive authorities, power of attorney shall be submitted to the people's Court.

    Power of attorney shall set forth the matters entrusted and the specific permissions.

    Change agent of the executive authorities and their permission, it shall promptly notify the Court.

    13th the respondent officer appear in court shall follow the following basic rules:

    (A) to appear in court on time, there are special reasons for not appearing on time, people's courts must be informed in advance and the reasons;

    (B) comply with the disciplinary and court orders;

    (C) the neatly dressed, well-behaved;

    (D) language specification, the term civilization;

    (E) respect for judges and participants in the proceedings.

    14th administrative organ in front of the Court judgment or ruling, found against a specific administrative act is illegal, should be actively corrected according to law. Executive changes, withdrawal or partial withdrawal of the specific administrative act complained against.

    Shall promptly notify the interested parties and the people's Court.

    15th administrative organs should conscientiously carry out judgments or orders of the Court entered into force.

    16th administrative organs should carefully study and handle the people's Court of judicial opinions, and the results communicated to the people's Court.

    17th administrative organs should be responding to the grave and complicated administrative cases and was confirmed by the people's Court decision to withdraw, illegal or ordered to perform the statutory duties of administrative litigation cases of the situation within 30th of the ruling by the Court, the level of Government Office of Legislative Affairs for the record.

    18th administrative organs and their staff in responding to these measures are not in accordance with administrative duties, consequences, in accordance with the provisions to hold those responsible accountable.

    Article 19th municipal, district (County) Government belongs to the executive authorities the Executive should be in responding as well as administration officials appear in court included examination of administration according to law.

    Article 20th municipal, district (County) of legal institutions should be established under the Executive administrative litigation system of personnel training, business training for responding to administrative staff. 21st article this way come into force on March 1, 2011.