Interim Measures For The Administrative Hearing, Chongqing

Original Language Title: 重庆市行政决策听证暂行办法

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(May 21, 2004 Chongqing Municipal People's Government consideration at the 30th General meeting on June 2, 2004, Chongqing Municipal People's Government announced the 171th come into force on July 1, 2004) article to further improve administrative decision-making more scientific and democratic, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the relevant laws and regulations, combined with the city's actual, these measures are formulated. Second municipal people's Government above the county level and their respective administrative departments (collectively referred to as administrative organs) according to the terms of reference of the hearing, these measures shall apply.
    Otherwise provided by laws and regulations, from its provisions. Third article administrative decision involved following matters one of of, administrative organ should in accordance with this approach organization hearing, but for situation emergency must rates decided of except: (a) prepared city planning, and land using general planning by publicity has larger objections of; (ii) developed or modified city housing demolition, and rural land expropriation of compensation placed way and standard; (three) set or adjustment water, and electric, and gas, and bridge, and education, and health, and public traffic (containing taxi), and sewage processing, and garbage processing, utilities of charges project and the standard
    ; (Four) excavation, and transformation city trunk road; (five) may on ecological environment, and city function caused major effect of government investment project of project approval or approved; (six) major construction project of environment effect evaluation; (seven) financial budget additional; (eight) and public security directly about, and people general concern of major administrative measures; (nine) adjustment minimum wage, and minimum life guarantees gold or unemployment insurance standard; (10) directly and widely involved masses interests of major legislation project;
    (11) the other matters the Executive deems a hearing.
    Article fourth hearing who wishes to to make executive decisions or administrative decision proposed executive organization.
    Hearing hearing hearing on matters of Administrative Office for the authorities.
    Matters shall be heard by the municipal people's Government, municipal government can specify municipal people's Government Office, Legislative Affairs Office, people's Government or the relevant organizations.
    Departments and agencies may jointly organized the hearing.
    Fifth hearing shall follow the principles of fair, open, fair and convenient, fully hear the views of citizens, legal persons and other organizations to protect their right to representation.
    Organization ex officio hearings involve State secrets, business secrets and personal privacy, should be held in public, subject to public supervision.
    Article meets the conditions for hearing organs of citizens, legal persons and other organizations can apply to the hearing and can also elect representatives to the hearing.
    Hearing organs under the proposed hearing matters and citizens, legal persons and other organizations to apply, according to the hearing officer should have the principle of universality and representation to determine to the hearing officer.
    Elected representatives of citizens, legal persons and other organizations, and meets the conditions for hearing organs, should be established for persons attending the hearing.
    Article seventh participants in the hearing include hearing, representations of people, sit in person. Eighth witness specified by the organ of hearing. Hearing is set host, at the hearing, but shall be head of the organ of hearing about.
    Host should specify the record, specific hearing preparation and hearing records.
    Nineth hosts and hearing matter has an interest or other may affect the fairness of the hearing and should be avoided.
    Presenters can be hosts to a hearing authority prior to the commencement of the hearing to avoid application.
    Withdrawal of the host, decided by the organs of hearing.
    Tenth public hearing presenters referring people who attended the hearing and hearing statements, including statements and public statements of people in charge.
    Presenters from the proposed hearing in charge matters assigned by agency staff.
    Public statements from the following persons: (a) interested parties and hearing matter; (b) expert in understanding hearing matters, (iii) and hearing-related matters and other organizations and individuals that provide relevant facts; (d) hearing the invitation of NPC deputies and CPPCC National Committee members and experts. 11th audit refers to the hearing organ of voluntary registration, determined, attend relevant hearings of citizens, legal persons and other organizations in representatives of the auditing.
    Audit and how it is generated by the hearing body to determine the number of people.
    12th hearing organs shall be announced at the hearing held before 15th hearing time and place, attending hearings, hearings, as well as the number of presenters, attend one enrolment procedures and other related matters.
    13th State organs, enterprises, institutions, social organizations and individual citizens require statement or to sit, shall, in accordance with the notice provisions, at the hearing held before 10th submitted application to the hearing organ.
    Hearing presenters application for registration shall contain the resume, on hearing issues summary of comments and so on.
    Article 14th hearing organs should rationally determine the hearing stating the number of the parties.
    Different interests attending the hearing or hearing stating the number of parties to the disagreement should be roughly equal.
    15th hearing authority shall, at the hearing held by 5th hearing presenters.
    Units of the 16th and personal statement to determine the identity or interested parties stating the number of objections, may apply to the hearing before the hearings began, the organ of hearing to decide whether to change or append the presenters.
    Article 17th hearing presenters identified bodies shall attend the hearing and be heard; unable to attend the hearing, shall notify 3 days in advance the hearing organ. After hearing organs, State may entrust another person to attend the hearing or provide written statements.
    Hearing it deems it necessary, presenters can also be asked to provide written submissions.
    Article 18th before the hearing began, the recorder should identify the participants in the hearing of the present case, announced the hearing related to disciplinary hearings and field notes.
    Article 19th hearing the order: (a) the managing party presenters, (ii) opposition parties hold different views or statements of persons; (c) interested presenters and hearing matter; (iv) statement of understanding hearing matters people; (e) the expert presenters.
    Host should be fair and reasonable to determine the order of specific statements of speakers and speaking time.
    20th hearing of statements one statement or answer people, introductions and hearing cases relating to matters shall ensure objectivity and truth of the facts.
    The chairpersons agreed that statements can be written or other presentations. Statement of the article 21st hearing people think public hearings in violation of the provisions of, may appeal to the host or a hearing organ.
    Host or a hearing organ appeal statement should be one response. 22nd moderator can ask the presenters.
    Other hearing people can ask the presenters. Presenters should answer a hearing person in charge asked.
    But on issues unrelated to the subject of the hearing, agreed by the host, can refuse to answer.
    Article 23rd on hearing matter can submit relevant evidence materials, if necessary, the host can ask presenters to provide relevant evidence.
    Article 24th under the auspices of the Facilitator, presenters can debate the main facts and arguments.
    Article 25th speaker, and after the end of the debate, permission from the host to listen who can speak to the hearing.
    Article 26th hearing presenters and visitors shall comply with the disciplinary hearing shall not hinder the hearing of order.
    For discipline a violation hearing, the moderator shall stop; it refuses to, may be ordered to leave. 27th article hearing records should contains Ming following matters, and by hearing people and records member signature: (a) hearing matters name; (ii) hearing participate in people of basic situation; (three) hearing of time, and locations; (four) hearing public situation; (five) intends hearing matters of reason, and according to and about material; (six) hearing participate in people of views, and reason and according to; (seven) host on hearing activities in the about matters of processing situation; (eight) extension, and suspended or terminated of description; (nine) host think need
    The other matters set forth.
    28th hearing record those statements should be checked, people believe that omissions in the record of the statement, the right to request correction.
    After the hearing ended, moderator for hearing and other hearing people should comment.
    Article 29th hearing authority shall, within 7 working days of the hearing, according to hearing records and the minutes of the hearing comments made included the following: (a) the basic situation of hearing; (b) the hearing of matters and (iii) agree on hearing matter; (d) the differences of opinion on matters of hearing; (v) recommendations on views on the hearing.
    Article 30th hearing minutes of the hearing shall be as the administrative decision or administrative decision recommendations ... Hearing organs in making administrative decisions recommendations, minutes of the hearing shall be attached.
    Not attached with the minutes of the hearing, policy-making organs inadmissible.
    31st article has following case one of of, can extension held hearing, but extension cannot over two times: (a) attended hearing of hearing people not reached provides number of; (ii) main statement people no attended hearing of; (three) need increased new of statement people or survey, and added new of evidence material of; (four) statement people temporary proposed hearing host avoided application was accept, hearing organ cannot timely replaced host of; (five) other need extension of situation.
    Article 32nd in accordance with this regulation should be heard without hearing and causes significant adverse effects, directly responsible for the charge and other direct liable persons shall be subject to administrative liability. 33rd under any of the following circumstances, the departments concerned should give its principals and persons criticized in serious disciplinary sanction: (a) the managing party presenters without justifiable reason not to attend hearings or refusing statements at the hearing;

    (B) the managing party presenters stated at the hearing is not real or false, wrong information. Article 34th hearing hearing organs should provide the necessary space, equipment, and other conditions of work, the financial requirements is guaranteed.
    Hearing not to charge any fee management charges or disguised.
    35th hearing authority may in accordance with these provisions and specific hearing solutions for each hearing and make an announcement.
        36th article of the rules take effect on July 1, 2004.