Key Benefits:
(Summit of Hygiene on 25 April 2005 to consider the adoption of Decree No. 5 of 31 May 2005 by the Government of the Hygiene People, which came into force on 1 October 2005) Article 1, in order to regulate the application of administrative licence hearings, preserve the legitimate rights and interests of citizens, legal persons and other organizations, develop this approach in line with the relevant provisions of the National People's Republic of China's administrative licence law. Article 2 Article 3 (i) Legal, regulatory and regulatory provisions stipulating that administrative licences should be heard; (ii) The executive licensor's view that significant administrative licence matters involving public interest are required; (iii) To be informed by law of the applicant for an administrative licence to the right to be heard, the owner, and, within the statutory period, to make a request for hearing. Article IV imposes administrative licences on applicants, one of which is directly related to the significant interest between the applicant and others, and the executive branch should inform the applicant, the owner and the owner within the statutory period of the request for administrative hearings. (i) A large number of people competing with a limited number of administrative licences cannot meet all applicants' requirements (other than obtaining administrative licences in fair competition, such as tendering, auctions, etc.); (ii) To grant the applicant administrative licence directly to the interests of its neighbouring or party; (iii) Access to market access for specific industries of interest to the public interest, granting the applicant's administrative licence and directing the economic interests of other operators. Article 5 Implementation of administrative licence hearings should be guided by the principles of legality, openness, impartiality, the public and the private sector and efficiency. In addition to involving State secret, commercial secret or personal privacy, hearings should be held in public. The moderator of the hearing was appointed by the head of the body of the hearing organization, who was appointed by the hearing facilitators. The hearing was organized by a hearing facilitators, two hearings, or by a hearing facilitators. The staff who review the administrative licence application shall not serve as the hearing facilitators or hearing a witness to the licence. Article 7 (i) Staff members belonging to the hearing bodies; (ii) Acquainted with the provisions of the hearings, with a certain organizational capacity to be competent to the work of the facilitators; (iii) Other conditions set forth in laws, regulations and regulations. Article 8 (i) Be impartial, objective and comprehensively heard the views of the participants; (ii) Identifying the time, place and manner of holding hearings; (iii) Decides to suspend or extend hearings; (iv) To verify the identity and competence of the witness participant and its commissioner; (v) Maintain the order of hearing and put an end to violations of the rules of hearings; (vi) In relation to evidence of administrative licences, grounds for hearing; (vii) To require the hearing to provide or supplement evidence; (viii) Other functions conferred by this approach. Article IX, the moderator, the hearing and the recorder are one of the following persons, should be avoided, and the applicant, the jurists may apply for their avoidance. (i) There is a close relationship with an administrative licensor, the stakeholder or the agent; (ii) Other direct stakes with the administrative licence application may affect the fair conduct of the hearings. The moderator, the evasion of the hearing, was decided by the executive licensor and the custodian was decided by the moderator. Article 10 Participants included reviewers for this administrative licence application, executive licensor and stakeholders. The applicant, the stakeholder could be personally involved in the hearings, or a person who would be entrusted with the hearing. Article 11. The executive body shall organize hearings within 20 days of the date of receipt of the application for administrative licences. The executive body shall inform the society of the matters, time, place and place of the hearings, as well as the registration conditions of the participants, the duration of the presentation, by 7 days of the hearings. The executive branch shall carry out the administrative licence under Article 3, subparagraph (c), of this scheme, and the executive branch shall communicate to the applicant, the owner and the stakeholder, the right to request a hearing before making an administrative licence decision. The applicant, the stakeholder should submit a request for hearing in writing to the executive branch within 5 days of the date of the right to be heard, which was not submitted for hearing, as a waiver of the request for hearing. Article 12 (i) The applicant's application for administrative licences may directly involve a significant interest between the applicant and others, and the executive branch shall notify the citizen, legal persons or other stakeholders of their legitimate rights and interests directly affected by the administrative licence decision. (ii) In contrast, the executive branch should send a hearing to the stakeholder; the relentless; the executive branch should inform the society and request the stakeholder to register. (iii) The owner shall request a hearing request to the executive branch, as required by the previous administrative body or by a request for a communication. (iv) The number of stakeholders is represented by the stakeholder; it is difficult for delegates to make it possible to select representatives in a fair and open manner, such as drawing lots. Article 13. The executive body shall organize hearings within 20 days of the request for hearing by the applicant, the stakeholder, and shall communicate the letter of the hearing to the applicant, the owner, and the person concerned, if necessary, by 7 days of the hearing. Prior to the commencement of the hearings, the moderator shall check the identity of the hearing participants, confirm whether the applicant, the jurists apply to the hearing facilitators and the recordingr. The applicant, the facilitators apply for the evasion of the hearing facilitators, who shall report to the head of the executive branch to decide whether to avoid it; the applicant's circumventation shall be decided by the hearing facilitators. The hearings shall be conducted in accordance with the following procedures: (i) The moderator reads as a disciplinary action for the hearing, collates the identity of the participant and declares the case by declaring the list of the hearing facilitators and the recorders; (ii) Evidence, grounds and administrative licence review recommendations from reviewers applying for administrative licences; (iii) The applicant, the stakeholder to present evidence, reason and make statements and pleas concerning the application of administrative licences; (iv) The reviewer, the applicant, the stakeholder in the application of administrative licences and the legal application of the application of the administrative licence, and the evidence provided by other hearing participants, and all evidence relevant to the administrative licence application shall be presented in the hearings; (v) A final presentation by the applicant, the stakeholder; (vi) The closing of the hearings by the moderator. The hearing was confirmed by the participant or by the name. Article 16 shall produce a notice. The hearings should contain the following: (i) Administrative licence application; (ii) The name of the moderator; (iii) The name and place of the witness record; (iv) The name or name, address of the participant; (v) The time, place and manner of the hearings; (vi) Evidence, grounds and administrative licence review recommendations submitted by administrative licensor for review; (vii) Presentations by the applicant, the person of the person concerned and the defence; (viii) The content of the evidence by the witness participant; (ix) Acknowledgement of the participant's signature or chapter. The hearing licensor refused to sign or resignate, and the hearing was given by the moderator. After the hearing, the moderator shall write a hearing report on the hearings and the examination of views, together with the hearings, to the heads of the hearing organization and the relevant executive organs. The executive organs shall make administrative licence decisions based on hearings. The hearing may be suspended in one of the following cases: (i) The applicant, the owner and the person responsible for his or her relationship to submit new facts, rationales and bases during the hearings, which need to be verified; (ii) In the course of the hearings, there is a need for re-identification, investigation or notification of new witnesses to testify on the ground; (iii) The hearing of the participant cannot continue to participate in the hearings for reasons of irrevocability; (iv) Other cases requiring suspension of hearings. After the suspension of the hearing, the hearings should be resumed. He or she is responsible for holding a hearing in accordance with the provisions of this approach. One of the following cases may be postponed: (i) The applicant, the stakeholder, who submitted the grounds for avoiding the application, cannot temporarily determine the hearing facilitators or the hearing of the witness recorder; (ii) The hearing of the participant cannot be accessed for reasons of irrevocability; (iii) Other cases requiring extensions. After the elimination of the reasons for the former extension, hearings should be held within 5 days. Article 20: The applicant and the owner have one of the following cases, which is considered to have abandoned the hearing: (i) The absence of justification for not participating in the hearings; (ii) The visit was not allowed by the hearing facilitators. The circumstances set out in the previous paragraph were considered to have waived the request for hearing, and no further hearing was required on the same matter. Article 21 Governments of more people at the district level should strengthen the supervision, guidance and timely redress of violations committed by administrative licence hearings. Specific work is carried out by the rule of law institutions of the current people's Government. The organization of hearings should report on matters, time and place of hearings to the Government's rule of law bodies and the rule of law bodies could be represented by staff. Article 22, the executive branch and its staff, in violation of the provisions of the administrative licence law and the present approach, have not complied with the statutory notification of the hearing obligations of the applicant, the holder of the relationship, or should be held in accordance with the law without the holding of a hearing, be corrected by their superior administrative authority or by the inspection authority; in the event of serious circumstances, administrative disposition of the person directly responsible and other persons directly responsible. Article 23. The organization of administrative hearings shall not collect any costs to the witness participants. The duration of this approach is calculated on a working day without a statutory holiday. Article 25 |
