Provisions Of The Heilongjiang Province Administration Reconsideration Case Hearing Review

Original Language Title: 黑龙江省行政复议案件听证审查规定

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(March 15, 2006 the 32nd Executive meeting of Heilongjiang province by 1th of March 22, 2006, Heilongjiang Province announced as of May 1, 2006) Chapter I General provisions article hearing review procedures in order to standardize the administrative review cases to ensure objective and impartial review of administrative review cases, protect the legitimate rights and interests of citizens, legal persons and other organizations, safeguard and supervision of administrative organs shall exercise their powers in accordance with the People's Republic of China administration reconsideration law
    And State regulations, combined with the facts of the province, these provisions are formulated.
    The second administrative reconsideration organs at various levels in the province to review the administrative review hearing to review the case, these provisions shall apply.
    Article III administrative reconsideration law body responsible for hearing review of the implementation of administrative review cases.
    Fourth administrative review hearing of the case review should be conducted in public, but involve State secrets, business secrets or personal privacy exception.
    Article fifth parties in the hearing review shall have equal legal status.
    Article sixth hearing to review the implementation of withdrawal system.
    Article seventh party the right to debate in the hearing review.
    Second chapter hearing review range eighth article following administrative reconsideration case should for hearing review: (a) two a or two a above has independent requests right of applicants, on same or similar of specific administrative behavior application administrative reconsideration, legal institutions decided merged review of administrative reconsideration case; (ii) involved third people of administrative reconsideration case; (three) involved administrative compensation of administrative reconsideration case; (four) case processing results involved national interests, and public interests of administrative reconsideration case;
    (E) were ordered to accept by higher administrative authorities or a period review of administrative review cases; (vi) have a major impact on their respective jurisdictions, as well as foreign or involving Hong Kong S.A.R., and Macau S.A.R., and Taiwan areas of administrative review cases; (VII) major, difficult and complicated administrative review cases on the merits.
    Article the applicant a hearing to review applications or administrative reconsideration law agencies considered it necessary to review of hearing, hearing review.
    Chapter III examination of hearing organizations and participants in the hearing review article tenth administrative review organs legal organization has administrative reconsideration shall appoint three qualified personnel hearing to review the full Court responsible for hearing review, specify one or hearing review of administrative reconsideration organs other than the members of the collegial panel legal officers hearing review of the record.
    Hearing review of the disqualification of members of the collegial panel, administrative reconsideration law agencies shall be assigned with qualified personnel hearing to review the full Court of administrative reconsideration.
    Hearing review 11th head of rule of law institutions of the members of the collegial panel, head of rule of law institutions chaired a hearing to review without rule of law institutions in charge, presided over by the hearing to review the full Court decided one of them hearing review.
    Review 12th hearing participants include: the review of the members of the collegial panel, the applicant and the agent, the respondent and its authorized agent and the third party and its agent, witness, expert personnel, inspection personnel and translators.
    Difficult, complex or technical issues on the merits, may invite experts to participate in the hearing review.
    13th hearing to review one of the members of the collegial panel in any of the following circumstances shall withdraw from that: (a) is a party to the case or the party, entrusted agent of close relatives, and (ii) has an interest in the case of (iii) other relationships with the parties to the case, which may affect the impartial review of cases.
    Head of the administrative reconsideration law decision review hearing withdrawal of the members of the collegial panel.
    Head of administrative reconsideration organs decide to withdrawal of the head of the administrative reconsideration law.
    Article 14th hearing reviewed a collegial panel shall exercise the following powers: (a) identifying the case, confirming evidence, (ii) decision and inspectors, (iii) decided to invite experts to participate in the hearing review (iv) after the hearing to review proposed a preliminary review of the case and (v) other matters that need to be reviewed by the hearing full court decisions.
    15th article hearing review host exercise following terms: (a) presided over hearing review; (ii) announced hearing review discipline, maintained hearing review order; (three) to applicants and delegate agent, and was applicants and delegate agent, and third people and delegate agent, and witnesses, and identification personnel, and inspection personnel, and translation personnel and guest experts, asked; (four) announced hearing review full of decided; (five) need by host decided of other matters.
    16th article applicants enjoys following right: (a) application hearing review; (ii) delegate agent participate in hearing review; (three) application hearing review full members avoided; (four) application adjustable take evidence material; (five) application identification, and inspection; (six) proof, and quality card; (seven) by hearing review host agreed, to hearing review full members yiwai of other hearing review participate in people asked; (eight) debate and last statement; (nine) by provides check out case about material.
    Third party except in the preceding paragraph (a), other than the right.
    17th article was applicants enjoys following right: (a) delegate agent participate in hearing review; (ii) application adjustable take evidence material; (three) hearing review Qian know administrative reconsideration application of content; (four) application identification, and inspection; (five) proof, and quality card; (six) by hearing review host agreed, to hearing review full members yiwai of other hearing review participate in people asked; (seven) debate and last statement; (eight) by provides check out case about material.
    Fourth chapter 18th hearing review procedures an applicant apply for a hearing to review, from the administrative reconsideration law agencies to accept an application for administrative reconsideration within 20th of submitting a written application to the administrative reconsideration law bodies.
    Hearing to review the application shall contain the following particulars: (a) the name or names of the applicant; (b) apply for a hearing to review the reasons; (c) the signature or seal of the applicant; (d) submitted to the hearing date of application.
    Article 19th party concerned entrusts an agent to participate in the hearing review shall be submitted to the administrative reconsideration law agencies authorized power of Attorney and the Attorney's identity, the power of attorney shall set forth the matters entrusted and the specific permissions.
    The authorized agent of a party shall not be more than two people. Article 20th hearing of administrative reconsideration law received after review of the application, shall decide whether to carry out within the 5th hearing review.
    Decided not to proceed with the hearing review, shall indicate to the applicant the reasons.
    Article 21st administrative reconsideration Law Office shall hold a hearing to review the 3rd call, written notice or other notice hearing except hearing review of the members of the collegial panel to review participants to the hearing to review.
    22nd article take hearing review notice notification hearing review of, should contains Ming following matters: (a) hearing review of case name; (ii) hearing review participate in people of name or name; (three) hearing review of reason; (four) hearing review of time and locations; (five) absent participate in hearing review of legal consequences; (six) need notification of other matters. 23rd article hearing review according to following order for: (a) hearing review records people check except hearing review full members yiwai of participate in people of identity, and records its name, and units, and positions and contact way,; (ii) hearing review host announced hearing review discipline; (three) hearing review host introduced hearing review full members; (four) hearing review host asked applicants, and third people whether application hearing review full members avoided, application avoided of, should description reason,
    Is in accordance with the provisions provided for in 13th; (e) the findings of fact; (vi) evidence, cross-examination, and (VII) debate; (h) the final statement.
    24th fact-finding in accordance with the following order: (a) the applicant has made the claims, facts and reasons of administrative reconsideration; (b) the reply of the applicant, (iii) any third party representations; (d) the hearing review of the members of the collegial panel to ask the parties; (v) reviewed by hearing chairpersons agreed between the parties for the facts of the case the question can be.
    25th evidence, cross-examination in accordance with the following order: (a) proof of the applicant, the applicant and the third hostage syndrome, (ii) proof of the applicant, the respondent and the third hostage syndrome, (iii) any third party proof, the respondent and the cross-examination of the applicant; (d) hearing to review the facilitator consulted the parties concerned, whether to apply to obtain evidence, expert evaluation or inspection of materials.
    Hearing review of the members of the collegial panel on documentary evidence to prove the facts of the case, asking about hearing except hearing review of the members of the collegial panel to review participants.
    26th debate in accordance with the following order: (a) hearing chairpersons determine the focus of the case under review, (ii) the parties and their authorized representative according to the applicant, the respondent or third party order around the debate on the focus of the case.
    27th after the end of the debate, the party and its authorized agents to make the final statement.
    28th withdrawals hearing to review applications for no legitimate reason not to participate in the hearing or review, and shall not apply for a hearing to review again.
    29th give up the right to attend the hearing to review applicants may not apply for or apply for a hearing to review again.
    Article 30th without due cause delay to the hearing review, does not affect the hearing review, but except for applicants who apply for a hearing to review. 31st, parties and its authorized agents with a legitimate reason cannot attend the hearing review, hearing review date be decided by the administrative reconsideration law bodies.

    32nd article in hearing review in the, hearing review participate in people should comply with following discipline: (a) obey hearing review host of command; (ii) shall not unauthorized recording, and video and photography; (three) shall not free walking; (four) shall not free statement, and questions; (five) shall not call or received listening to mobile phone; (six) shall not on hearing review participate in people for accused and personal attack; (seven) shall not leaked national secret, and commercial secret and personal stability private; (eight) shall not applauded, and noise, and give rise to or implementation its
    Impairing hearing to review his actions.
    Hearing review 33rd record should be objective, fair, true record of hearings to review all activities.
    Article 34th review after the end of the hearing, the party and its authorized agent shall check the review transcripts of the hearing, that there are omissions or errors are logged, may apply for rectification. To review transcripts of the hearing check is correct, they shall sign or affix their seals.
    Refuses to sign or seal, the review record of the hearing shall be recorded.
    35th reviewed transcripts of the hearing should be made as an administrative reconsideration decision is based.
    Fifth chapter reviews evidence of effectiveness and its 36th hearing review of the evidence are as follows: (a) the documentary evidence and (ii) evidence, (iii) audio-visual materials; (d) the testimony of a witness (v) parties ' statements; (vi) expert conclusions; (VII) transcripts, field notes.
    Review by the administrative reconsideration organ legal bodies above evidence is true, as the basis for a final decision. Hearing review shall produce the original documentation or articles of evidence.
    Cannot be produced on the spot or not easy to produce the original document or the original of the evidence after hearing to review the full Court has agreed, the burden of proof the parties can produce originals, the original check is a copy of the copy, copy, photos, and so on.
    37th parties give evidence material to the administrative reconsideration law bodies shall also provide a list of evidence, indicating the sources of evidence, access to timing and to prove the facts of the case. 38th the applicant and the third party should provide evidence in review before the end of the hearing.
    Overdue to provide evidence, deemed to have waived the right of proof.
    39th witnesses at the hearing to testify truthfully in the review.
    Witness a legitimate reason not to testify, after hearing to review the full Court agreed, may read out the testimony of a witness by proof of the parties.
    40th article applicants in hearing review process in the, on following matters has proof responsibility: (a) proved administrative reconsideration application meet statutory conditions; (ii) in was applicants not perform statutory duties of case in the, proved himself has to was applicants proposed had requirements its perform statutory duties of application; (three) application administrative reconsideration Shi together proposed administrative compensation application of, proved specific administrative behavior on its lawful rights and interests of caused damage of facts;
    (D) the administrative reconsideration law agencies consider other matters should be borne by the applicant of the burden of proof.
    41st article has following case one of, was applicants by hearing review full agreed can added related of evidence: (a) was applicants made specific administrative behavior Shi has collection, but for not resist of causes or other due reason cannot provides of; (ii) applicants or third people in hearing review process in the, proposed has in was applicants implementation administrative behavior process in the no proposed of refuted reason or evidence of.
    42nd evidence cannot serve as the basis for a specific administrative act legally based on the fact that: (a) violation of legal procedures to collect evidence of the applicant, (ii) evidence collected after a specific administrative act of the applicant; (c) the applicant or a third party in the administrative review process provides, but by the applicant in the administrative procedure is not as specific administrative act based on facts in evidence.
    43rd article has following case one of, administrative reconsideration organ legal institutions right to to about organization and personnel survey forensics, and check out file and information: (a) involved national interests, and public interests or others legal interests of facts finds of; (ii) involved according to take right additional party, program sex matters of; (three) applicants or third people provides has evidence or according to of clues, but cannot itself collection, application administrative reconsideration organ legal institutions adjustable take of;
    (D) the applicant or the third party should provide original documentation or articles which cannot be provided in (v) in order to ascertain the facts, it is necessary to obtain other evidence.
    On investigation and evidence collection, access to documents and information, should consist of two or more qualified personnel of administrative reconsideration and produced working papers and administrative review personnel qualification documents, shall cooperate with the relevant organizations and personnel, shall not be obstructed or denied.
    44th the Parties apply for obtain evidence material, you should review before the end of the hearing to the written application for administrative reconsideration law bodies.
    45th legal agencies according to the party's application for administrative reconsideration organs, taking failed to obtain the appropriate evidence, it shall inform the parties, and the reasons why.
    46th administrative reconsideration cases involved special problems that need identification, inspection, and rule of law institutions entrusted by the administrative reconsideration organ established by law identification and inspection bodies for identification and inspection.
    47th on matters that require identification and inspection party bears the burden of proof, no legitimate reason in terms of proof does not apply for identification and inspection, not pay appraisal and inspection fees or refuses to provide relevant materials, disputed facts of the case cannot go through identification and inspection results to be found, the fact that the burden of proof should be on the legal consequences of not.
    48th of administrative reconsideration organs in the process of rule of law institutions in the hearing review collection and additional evidence, not maintain a specific administrative act or confirm specific administrative acts legally, evidence of effective and appropriate, but you can revoke or alter the original specific administrative act or confirm the original specific administrative act unlawful, invalid or inappropriate evidence.
    49th hearings during the period under review, in case there is evidence of a correlation may be destroyed or lost or difficult to obtain later cases, the parties may apply to the administrative reconsideration organ preservation of evidence, the administrative reconsideration organ can also take the initiative to take measures of Conservancy.
    The administrative reconsideration organ preservation of evidence, can be tailored to specific situations to take photographs, audio, video, replication, verification, inspection, production inquiry record preservation measures.
    50th hearing review should be based on evidence to prove the facts of the case. 51st article proved same facts of number a evidence, its proved effectiveness General can according to following case respectively finds: (a) State and other functions sector according to terms making of documents instruments is better than other documentary; (ii) identification conclusion, and site record, and inspection record, and archives material and after notary or registration of documentary is better than other documentary, and audio-visual information and witnesses testimony; (three) original, and original is better than copy pieces, and copies; (four) statutory identification sector of identification conclusion is better than other identification sector of identification conclusion
    (V) the original evidence than there was evidence (vi) is superior to other witness testimony and the party have relatives close relationships or other witness gave testimony favorable to that party; (VII) several different types, is better than an isolated evidence of consistent evidence.
    The same Witnesses provide conflicting testimony on the same facts must not serve as the basis for the facts of the case on.
    52nd article hearing review full should according to statutory program, full, and objective, and just to audit evidence, according to legal, and regulations, and regulations of provides, followed administrative reconsideration personnel of ethics, using logic and daily experience, appear according to no proved force and proved force of size for judge, determine evidence material and case facts Zhijian of proved relationship, excluded not has associated sex of evidence material, accurate finds case facts.
    Sixth chapter legal liability article 53rd review hearing of members of the collegial panel in violation of the provisions of the review of the hearing, by the administrative body for reconsideration shall be ordered to correct back to the hearing to review, and review of hearing the facilitator and other persons directly responsible shall be given administrative sanctions.
    54th hearing records do not record under review hearing to review activities, the unauthorized alteration of reviewed transcripts of the hearing, by the administrative body for reconsideration shall be given administrative sanctions.
    55th review hearing of the parties and the agent fails to comply with discipline, seriously affecting the hearing review order, as advice is still not corrected, and transferred to the relevant authorities according to law.
    56th any State functionary who obstruct or denial of administrative reconsideration organs legal organization and its administrative review officers investigate and collect evidence, access to documents and information, the national authorities should be directly responsible shall be given administrative sanctions according to law.
    Seventh chapter supplementary articles article 57th by the administrative reconsideration organ at the administrative review hearing to review expenses in special funds expenditures shall not be charged to the parties.
    Article 58th and inspection expenses shall be borne by the party making the application.
    59th administrative review personnel qualification confirmed by the Legislative Affairs Office of Heilongjiang province organization of the examination.
                                                                                          60th these provisions come into force on May 1, 2006.