(June 9, 2004 Dalian Government 27th Times Executive Conference considered through June 10, 2004 Dalian Government makes 44th, announced since July 1, 2004 up purposes) first chapter General first article to prevent and corrected illegal of or improper of administrative license behavior, guarantees and supervision administrative organ effective implementation administration, legal, and just, and timely to processing citizens, and corporate and other organization of complaints and report, according to People's Republic of China administrative license method and the about provides,
These measures are formulated.
Second complaint in these measures refers to citizens, legal persons or other organizations to the Executive related to their legitimate rights and interests of the administrative licensing decision, made the decision on administrative Licensing Executive or higher administrative authorities to present views and demands.
Article reporting in these measures refers to citizens, legal persons or other organizations against administrative organs and their staff in the course of the implementation of administrative licensing law and dereliction, up-level executive or supervisory organs exposed, reporting, required according to law. Part IV complaints and accusations of a citizen, legal person or any other organization, should adhere to the principle of seeking truth from facts.
State administrative bodies dealing with complaints from citizens, legal persons or other organizations, prosecutors, should adhere to the mistakes must be corrected, and according to law, the principle of timely and appropriate. Second chapter complaints fifth article citizens, and corporate or other organization on administrative organ made of involved its lawful rights and interests of of following administrative license decided refuses to, can to made administrative license decided of administrative organ or superior administrative organ proposed complaints: (a) granted administrative license; (ii) not administrative license; (three) suspended administrative license; (four) recovered administrative license; (five) change administrative license; (six) continued administrative license; (seven) revoked administrative license; (eight) legal, and regulations provides can proposed Shen
V additional licensing. VI complaints submitted by citizens, legal persons or other organizations, shall submit to the admissibility of the complaint, accompanied by an administrative licensing decision (copy). Appeal book shall contain the following: (a) the applicant's situation.
Include his name, company, job title, and name of the legal person or other organization, address, the name and title of legal representative; (b) the name of the licensing authority, (iii) complaints, justification and requirements; (d) date of the complaint.
Article seventh admissibility upon receipt of the complaint, should be assigned more investigators reviewed complaints admissible subject to this regulation and inform the complainant; not conforming to these rules shall not accept, in writing, inform the complainant, and justification; materials not available on appeals, deadlines spelled expire don't address complaints no longer.
Written review of the approach to the eighth principle complaint-handling, but the complaints authority may consider necessary, to the relevant departments and personnel to investigate the situation and listen to the views.
Admissibility of the higher authorities of the decision on the administrative license is made, may require that the appellate body to provide a written reply within and the relevant evidence. Nineth article accepted complaints organ of case personnel in on case law review Hou, to according to trial situation proposed processing views, by accepted complaints organ head agreed or collective discussion Hou, by following provides made complaints processing decided: (a) made of administrative license decided, meet statutory conditions, program legal, content appropriate, decided maintained; (ii) made of administrative license decided has following case one of of, decided revoked: 1, and violation statutory conditions and program; 2, and applies according to errors; 3, and beyond statutory terms; 4, and
Abuse; 5 may revoke the decision on the administrative license according to law in other circumstances.
(Iii) improper administrative licensing decision clear, decided to change. Article tenth appellate body to appeal a decision in a timely manner, appeal a decision, to make a written decision on the appeal, and seal. The written decision shall include the following: (a) the complainant's situation.
Including citizens of name, and units, and positions,, corporate or other organization of name, and address, and statutory representative people name and positions,; (ii) made administrative license decided organ of name, and made administrative license decided of reason and the applies according to situation; (three) complaints matters, and reason and the requirements; (four) accepted complaints organ finds of facts, and reason and the applies according to; (five) accepted complaints organ of processing views; (six) made processing decided of date.
11th the admissibility of Appeals decision organ is required to be served on the complainant and the appellate body. Article 12th appeal bodies shall perform the appeal decision.
Appellate body does not perform or unwarranted delay in the fulfilment of the Appeals decision, complaints authorities shall order the deadline to fulfil.
Report 13th chapter of citizens, legal persons or other organizations that administrative organs and their staff in the course of the implementation of administrative licensing law, discipline and dereliction, may report to the higher administrative authorities or by the supervisory organ.
14th report shall comply with the following conditions: (a) have clearly spotted by prosecution authorities and the person, (ii) have a clear law, discipline and dereliction of duty on the facts and evidence and (iii) belong to the jurisdiction of the Agency; (d) the report should be submitted in writing, real name. 15th higher administrative authorities and supervisory organs receiving the Prosecutor's report book, shall promptly conduct a preliminary review for accusations made, judge.
Subject to this regulation, shall be filed in a timely manner review. 16th higher administrative authorities or by the supervisory authority identified by the trial, was spotted by prosecution authorities and its people in the process of implementation of the administrative license law, discipline and misconduct, should be in accordance with the administrative licensing law and the relevant provisions of the State made a decision.
And a decision in written form delivered on prosecutors, was spotted by prosecution authorities and people.
Article 17th prosecution authorities or the competent authority should be implemented in a timely manner after receiving the decision and will be back to make a decision on the implementation. Article 18th Prosecutor's Office Prosecutor's Prosecutor against in accordance with this regulation, should be protected, without discrimination, and harassment.
On the Prosecutor's report shall not be ignored or perfunctory, no transfer of the accusations made by prosecution authorities and by prosecutors. Fourth chapter responsibilities and deal with the 19th administrative authority in contravention of the implementation of administrative licensing shall be corrected in a timely manner and caused damage to the legitimate rights and interests of the parties, in accordance with the provisions of the law on State compensation, and compensation.
The circumstances are serious, the managers directly responsible and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
20th Executive committed illegal and improper administrative Licensing Act and not be corrected according to the higher administrative authority of a decision, or to retaliating against the complainant, Prosecutor, higher administrative authorities or supervisory organ directly responsible must be held accountable and responsible duties. 21st, informers, the complainant in the complaint, prosecutors in fabrications, deception, falsely accused others, National Executive should be made according to the seriousness of the corresponding address constitutes a crime, criminal responsibility shall be investigated according to law.
Causing economic losses to the country and others, are responsible for compensation; cause reputational damage to others, to make a public apology and to restore the effects.
Fifth chapter supplementary articles article 22nd these measures shall take effect on July 1, 2004.