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Shenzhen Administrative Supervision Appeals Approach

Original Language Title: 深圳市行政监察申诉案件处理办法

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(Act dated 30 October 2007, No. 177 of the Order of the People's Government of Shenzhen, which came into force on 1 December 2007)

Chapter I General
Article 1 establishes this approach in accordance with the law, legislation and regulations to promote the exercise by the inspectorate and its staff, the prompt processing of complaints cases, the guarantees of the legitimate rights and interests of the administrative organs and other personnel appointed by their staff and administrative organs, as well as other organizations and individuals subject to the inspection.
The second approach applies to administrative organs, other organizations and individuals within the administrative area of the Shenzhen (hereinafter referred to as “the city”), to cases where complaints are taken against the inspectorate in relation to inspection decisions or dispositions.
Article 3. The inspectorate shall be guided by the principles of integrity, impartiality, accuracy and timeliness, and shall deal with the complaints under the law.
Article IV deals with administrative inspection complaints by sub-prime, district inspectorate, and conducts a review, review and termination.
Article 5 does not stop the implementation of the complaints-related decisions or inspection decisions during the handling of complaints cases by the inspection body.
Article 6. The inspection authority handles complaints cases and, in the same case, may not aggravate the disposition of the decision or the subject of the inspection decision.
Chapter II Scope of complaints and jurisdiction
Article 7
(i) No inspection decision taken by the municipal inspectorate;
(ii) Recontrary to the decisions taken by the various branches of the Government of the city, the people of the region, and the decision to dispose of the decision;
(iii) Review and review decisions by non-zone inspection bodies;
(iv) Cases of complaints filed by the Government of the people at this level or by the superior inspection body.
Article 8
(i) Monitoring decisions taken by the non-zone inspection bodies;
(ii) Removal decisions taken by all sectors of the population of the region, and decisions on disposal;
(iii) Cases of complaints filed by the Government of the people at this level or by the superior inspection body.
Article 9.
Article 10. The inspectorate's rule-of-law body is specifically responsible for the handling of complaints cases (hereinafter referred to as the body responsible for the processing of complaints, the investigation of evidence, the trial of complaints cases).
The inspectorate does not seek to establish a working body, and the complaints cases are handled by staff outside the trial department and the investigation department.
Chapter III Prosecution and admissibility of complaints
Article 11. The complaint shall be filed by a person disposed of or by an administrative body, other organizations and individuals (hereinafter referred to as the complainant) who is the subject of a inspection decision.
The applicant's death or loss of his or her ability to lodge a complaint; the applicant is an administrative or other organization that has been withdrawn or terminated and the administrative organ or other organization with its rights obligations may lodge a complaint.
Article 12. The author's decision on the disposition of the executive branch may apply for review by a competent inspectorate within 30 days of the date of receipt of the decision on the disposition; the review decision remains unconscrupulous and may apply for review to the superior inspection authority within 30 days of the date of receipt of the review.
Article 13. The applicant's non-consistency with the inspection decision may apply for review by the inspector to the decision within 30 days of the date of receipt of the inspection decision; review decisions are still unconscrupulous and can apply for review to the superior inspection authority within 30 days of the date of receipt of the review decision.
Article 14. The complaint shall be brought in accordance with the following conditions:
(i) Complaints under this scheme;
(ii) A specific request and factual basis;
(iii) To be submitted within the statutory period;
(iv) The jurisdiction of the inspectorate that is the subject of the complaint;
(v) Other conditions under the law, regulations and regulations.
Article 15. The applicant's complaint shall submit a complaint to the inspector within the prescribed period of time and shall be accompanied by the original decision on the disposition and its review decision, the original inspection decision and its review decision, and the relevant evidentiary material.
The complaint shall contain the following:
(i) The name of the complainant, sex, age, work unit and residence; the name, address and name of the legal representative of a legal or other organization; and
(ii) The name of the complaint authority. The review of the inspectorate decided to maintain the decision on disposal in order to make the administrative organ for the decision to dispose of the decision. The review of the inspectorate alters the previous decision on disposal with a view to the inspection body as the complaints authority;
(iii) Request and grounds for the complaint;
(iv) Date of the complaint.
Article 16, in addition to the time frame specified in this approach, should be dealt with by the inspector within 15 days of the receipt of the complaint:
(i) In accordance with article 14 of this approach, the terms of the complaint shall be admissible;
(ii) In cases that are not subject to the jurisdiction of the inspectorate, are inadmissible and inform the competent organ of the applicant;
(iii) Be incompatible with article 11 and article 14 of the present approach, which provides for one of the terms of the complaint and gives reasons in writing;
(iv) The complaint does not contain one of the elements set out in article 15 of this approach, which shall be returned to the applicant and the period of time being filled;
(v) The complainant has filed a complaint with other competent bodies in accordance with the provisions of the civil service law, which has been admissible and terminated.
Article 17: The Inspectorate shall be informed of the names of his case charging staff. In the opinion of the complainant, the offender of the case is in the interest of the case or any other relationship may affect a fair trial and has the right to apply for the avoidance of the member of the case. The case licensor's view that it was in the interest of the case or that there were other relationships, should apply for a waiver.
The evasion of the staff of the case was decided by the head of the body responsible; the evasion of the organ responsible for the conduct of the institution was decided by the Inspector General.
Chapter IV
Article 18 Examination of cases by the inspectorate shall be completed within the period specified below:
(i) A review of the decisions taken by the competent administration shall take a review decision within 30 days of the date of receipt;
(ii) The non-consensual application for review of the inspection decision shall be taken within 30 days of the date of receipt;
(iii) A review, review and review of non-consensual applications shall be made within 60 days of the date of receipt.
The case of the complaint was delayed and the body should report and explain the reasons for the delay in the submission of a complaint by the superior inspection body, which should confirm the reasons for the superior inspection authority; the duration of the case could be extended to a maximum of 60 days for special reasons, upon approval by the head of the supervisory body. The inspectorate before the proceedings should provide the complainant with information on the extension of the duration of the proceedings.
Article 19 of the complaint was sent by the complaints authority to the lower-level inspectorate or other administrative bodies, and a copy of the complaint should be sent to the complaints authority within 7 days. The complaint authority shall submit all material or evidence on the matter of the complaint to the inspectorate, within 10 days of the date of receipt of a copy of the complaint, and provide written explanations and clarifications.
No explanation and clarification by the complaints body does not affect the trial of the complaints case.
Article 20 During the complaint, no decision on the disposition of former administrative authorities and the implementation of the inspection decisions, review or review decisions of the former inspection body. However, there are one of the following cases:
(i) In the opinion of the complaint body, it is necessary to stop implementation;
(ii) The inspection body dealing with the complaints considers it necessary to stop implementation;
(iii) The applicant's application for the cessation of the execution of the complaint, which is considered reasonable and decided to cease its implementation;
(iv) Laws, regulations stipulate the cessation of implementation.
Article 21, prior to the decision taken by the inspector to deal with the case, the applicant withdrew the complaint or changed its original decision by the complaint body, who agreed and withdrew the complaint and could be withdrawn by the prosecutor's agreement and record.
After the complainant's withdrawal of the complaint, the inspection body shall be admissible on the same facts and grounds within the statutory period; it is inadmissible for more than the statutory period.
Article 22 examines cases by the Inspector General, which should be made available to all the material relating to the case, to review the facts of the cases in which the complainant has filed a complaint; the inspection body considers it necessary to conduct a comprehensive review of the facts of the case without limitation of the request.
Article 23. The inspection body shall examine the following:
(i) The fact is clear whether the evidence is sufficient;
(ii) The correctness of the application of laws, regulations, regulations and regulations and the accuracy of the characterization;
(iii) The dispositions made by the complaints authority and the inspection decides to be appropriate;
(iv) Be in compliance with the statutory procedures for conducting cases;
(v) Other issues to be identified.
Article 24 allows the inspectorate to take the following forms of complaints, as required:
(i) A written review of the files;
(ii) Direct investigation verification;
(iii) To request the former decision body to complete the investigation and the replenishment of the evidence.
The inspectorate shall be given the opportunity to present the complaint.
Article 25: The ombudsperson for the trial of the complaint case shall carefully examine the material and evidence of the complaint and produce a copy of the record;
Upon receipt, it was considered necessary to verify the investigation, it should identify the main issues requiring verification and develop programmes to be carried out in accordance with the prescribed procedures, with the consent of the inspectorate.
In the case of a complaint by the inspectorate, reports should be produced. The report shall contain the following main elements:
(i) Request and grounds for the complaint;
(ii) The facts and conclusions of the proceedings before the complaint body, the decision on the disposition of the matter and other inspection decisions and their review, review decisions;
(iii) The circumstances before the complaint and the provisions of the facts, evidence, characterization and applicable laws, regulations and regulations;
(iv) Review, review or review of views.
Article 27 considers that decisions on disposal, inspection decisions, review or review are subject to the following conditions:
(i) The fact is clear that the evidence is indeed sufficient;
(ii) The right to apply laws, regulations, regulations, etc., and the accuracy thereof;
(iii) In conformity with the statutory competence and procedures;
(iv) Adequate treatment.
Article 28, in the opinion of the inspectorate, of the review of the decision on disposal, the inspection decision, review or review decision, is one of the following cases, decides to withdraw or entrust the competent administrative body and the supervisor's supervisory authority with the removal of the following:
(i) Be found to be unlawful and non-existent;
(ii) Determining that the facts are not clear and that there is insufficient evidence;
(iii) Violations of statutory procedures and the fair handling of cases.
The cases cancelled in subparagraphs (ii), (iii) of the previous paragraph were reprocessing by the former authorities.
Previous decisions on disposal, review of the decision on disposition, inspection decisions have been submitted for approval or consent by the peer-level people's government of the inspectorate, and the inspection body should be invited to approve the decision by the same-ranking Government.
Article 29, in the opinion of the inspectorate as one of the following cases, the inspection decisions, review or review decisions may decide to change directly or entrust the competent administrative authority and the supervisory authority with changes:
(i) Inadequate application of laws, regulations, regulations and regulations, and inaccurate characterization;
(ii) Clearly inappropriate treatment.
The change decision of the inspectorate shall be submitted to the Government of the same people for approval or consent by the same-ranking government of the inspectorate body that has reported cases of complaints.
Article 31 may seek expert advice from the Ombudsman's Advisory Committee of Experts established by this body on significant and suspected complaints cases.
The expert advisory board consists of experts other than the inspectorate, with a specific approach developed by the municipal inspectorate.
Article 31 of the ombudsman's decision to deal with the complaints case shall produce, in accordance with the type of complaints, the decision-making instrument, such as the review, review or review of the decision.
The above-mentioned decision instrument should contain the following main elements:
(i) The name of the complainant, sex, age, work unit, the name of a legal person or other organization or the name of the legal representative or principal holder;
(ii) The name of the complaints authority;
(iii) Request and main grounds for the complaint;
(iv) The main factual grounds identified in the previous decision on disposal, inspection decisions, review or review decisions, and the applicable laws, regulations, etc.;
(v) The facts, rationales, applicable laws, regulations and regulations, as determined by the inspectorate in the case of the complaint;
(vi) To address conclusions;
(vii) The applicant may apply for a period of review to the supervisory body at the superior level without the decision to deal with the complaint. A review of the decision shall indicate the final decision of the present decision;
(viii) Year, month and day of decision.
The complaints-processing decision-making instrument should be accompanied by a chapter of the inspection body that decides.
Article 32 should be sent to the applicant and the complaint authority within 7 days of the date of the decision to deal with the case, in accordance with the relevant provisions of the civil procedure law.
Chapter V
Article 33 of this approach is implemented effective 1 December 2007. The methodology for administrative inspection of complaints in the Zhentz Economic Zone, enacted on 2 November 1998, was also repealed.