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Responding To Chongqing Administration Administrative Approaches

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

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Administrative v.

(Summit of 27 December 2010 at the 90th ordinary meeting of the Government of the People's Republic of the Great Socialist Republic of 27 December 2010 to consider the adoption of the Order No. 245 of 5 January 2011, of the Order of the Government of the People's Republic of China, which was launched effective 1 March 2011)

Article 1 promotes the administration of law, in accordance with the National People's Republic of China's Administrative Procedure Act, the Department of State's overall executive implementation framework and the State Department's decision to strengthen the administration of the city's government in accordance with the law.

Article 2

Article 3 of this approach states that the administration shall be v. and refers to the activities of the executive organ when the specific administrative acts of the civil, legal or other organization are not prosecuted before the People's Court as a defendant in accordance with the law.

Article IV governs and oversees the administration of the executive branch of the city.

The People's Rule of Law Agency in the District (Autonomous Region) is responsible for providing guidance and oversight on the administration of the executive organs in the present administration.

Article 5. The executive branch shall, after having received the notification of the administrative response of the People's Court, determine the administrative response.

The executive branch may be the operational body responsible for the performance of the corresponding administrative responsibilities by the executive branch, or the rule of law institutions of the executive branch.

The administration of the city's people's government should be vetted by the Executive Office of the Municipal People's Government and the Government's rule of law institutions.

Article 6

(i) Examination of the relevant circumstances of the case and recommendations to be brought before the court by the head of the executive body or the commissioner;

(ii) A reply, an activism, etc.;

(iii) The appearance of an organizational person;

(iv) The file of the administrative response and the filing of the case material, in accordance with the relevant provisions;

(v) Conduct a summary of the situation and questions in the administrative proceedings, in accordance with the need for the drafting of the report of the Executive Board;

(vi) Other work under laws, regulations and regulations.

Article 7. The executive body, after having received a copy of the proceedings brought before the People's Court, found one of the following cases and should object to the People's Court within the statutory period:

(i) That is before administrative review, but is not subject to administrative review;

(ii) The final decision shall be made by the executive branch in accordance with the law;

(iii) The law does not fall under the jurisdiction of the People's Court;

(iv) The plaintiff does not have the principal qualifications;

(v) To prosecute more than the statutory period;

(vi) Other circumstances under the law.

Article 8. In administrative proceedings, the executive branch shall assume the burden of proof for its specific administrative acts.

The executive branch shall submit a reply to the People's Court within 10 days of the date of receipt of a copy of the indictment and provide evidence and basis for specific administrative acts.

As a result of force majeure or other due diligence, the executive body should submit to the People's Court, within 10 days of the date of receipt of a copy of the indictment, the evidence and the basis for the extension in writing.

In one of the following cases, the head of the executive body shall appear before the Court:

(i) Administrative litigation cases that have a significant impact within the jurisdiction of the executive branch;

(ii) Administrative litigation cases which may have a greater impact on the administration of administrative organs or administrative law enforcement;

(iii) The head of the executive body shall appear before the court in order to facilitate the identification of the facts of the case and to resolve administrative disputes;

(iv) The People's Court informed the executive heads of the administrative proceedings to be heard.

Article 10. The statutory representative of the executive organ is the first responsible person for the performance of the duties of the executive branch and should be heard actively; if the executive branch sits in the relevant business work, it shall be in a position to facilitate the settlement of disputes and promote the administration of the law, the statutory representative of the executive branch may also be entrusted to the head of the division.

In addition to article 9, article 10, of this approach, the executive branch may entrust staff of the institution of the rule of law or other internal bodies to participate in the proceedings as an agent of the proceedings, or may entrust a lawyer or other legal worker to participate in the proceedings as a legal agent.

The executive branch entrusts lawyers or other legal workers as agents of the proceedings and shall be co-located by the staff of the organ as an act agent.

Article 12. The executive body shall entrust the act agent with the proceedings and shall submit a letter of authorization to the People's Court. The delegation of authority should contain matters and specific competence.

Changes in the jurisdiction of the executive organs and their competence should be communicated in writing to the People's Court.

Article 13

(i) At the time of appearance, there is a special reason that cannot be brought to the court on time and must be communicated in advance to the People's Court and to the reasons for it;

(ii) Compliance with court disciplinary and court order;

(iii) Harmony and endure;

(iv) Language norms, terminology and civilization;

(v) Respect the participation of judges and litigation.

Article 14. The executive body, prior to the judgement or decision of the People's Court, found that the specific administrative acts were in breach of the law and should be rectified by law.

Changes, withdrawals or partial withdrawals of the administrative body have been made. The parties and the People's Court should be informed in a timely manner.

Article 15. The executive body shall be vigilant in the execution of the judgement or decision of the People's Court in force.

Article 16 should carefully study and deal with judicial recommendations made by the People's Court and communicate the results to the People's Court.

Article 17. The executive body shall submit to the principal organs a case of a major, complex administrative response and the administrative proceedings in which the judgement of the People's Court has been revoked, confirmed that the law or order is in compliance with the statutory duties and, within 30 days of the entry into force of the judgement of the People's Court, the proceedings of the executive body of the Government's rule of law.

Article 18 The executive branch and its staff members shall be held accountable for the responsible person in accordance with the provisions of this approach, without the performance of their administrative responsibilities.

Article 19 The Government of the people of the city, the District (Autonomous Region) shall include the executive branch of the executive branch and the head of the executive branch in the performance of the proceedings.

Article 20

Article 21, this approach is implemented effective 1 March 2011.