Jiangxi Province, The Implementation Of The People's Republic Of China Administration Reconsideration Law Of Certain Provisions Of

Original Language Title: 江西省实施《中华人民共和国行政复议法》若干规定

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(March 27, 2002, Jiangxi provincial people's Government, the 79th general meeting April 9, 2002 by Jiangxi provincial people's Government, the 112th published) first for the implementation of the People's Republic of China administration reconsideration law (hereinafter referred to as the administrative reconsideration law), combined with the facts of the province, these provisions are formulated. Article in accordance with the law on administrative reconsideration of discharge the responsibilities of the administrative review the administrative organ is the administrative body for reconsideration.
    Executive administrative body in charge of Legal Affairs for the administrative reconsideration.
    Third administrative review body should be carefully the implementation of the administrative reconsideration law duties provided for in article III, and do the following: (a) the administrative reconsideration law publicity; (b) Guide, supervise and check subordinate administrative reconsideration of administrative reconsideration institutions; (c) supervise the implementation of the administrative reconsideration decision.
    District administrative reconsideration of the city-level people's Governments should also do administrative review personnel training and assessment work.
    Fourth administrative review body shall designate a person to work in the administrative review.
    Administrative review officers shall meet the following conditions: (I) is a national civil service or other personnel who shall perform the duties of administrative reconsideration and (b) obtained a college degree or above and have the professional knowledge of law; (c) participate in the districts of city-level people's Governments administrative reconsideration law of administrative reconsideration institutions trained and qualified.
    Five citizens, legal persons or other organizations considered that violations of the legitimate rights and interests of a specific administrative act, you can know the specific administrative act within 60 days from the date an application for administrative reconsideration.
    Specific administrative behavior spot made of, administrative reconsideration of application term from specific administrative behavior made of day up calculation; specific administrative behavior of about legal instruments to statutory way served party of, administrative reconsideration of application term from legal instruments served of day up calculation; implementation specific administrative behavior not by statutory program making legal instruments of, administrative reconsideration of application term from specific administrative behavior actual occurred of day up calculation.
    On specific administrative act of the applicant disagrees with the date of service of the relevant legal instruments, the respondent bears the burden of proof. VI applicants due to force majeure or any other valid reason for delay of statutory application period, should provide proof.
    After the designated by the administrative reconsideration organ, barriers continue to run from the date of the application period.
    Article seventh vertical imposed on the province's industry and commerce, tax, quality and technical supervision, drug and other specific administrative acts of the executive authorities, competent authorities may apply for administrative reconsideration to its previous level.
    The provincial industrial and commercial, tax, quality and technical supervision, drug and other specific administrative acts of the executive authorities, apply to departments of provincial governments or the level of administrative review.
    Article eighth development zones approved by the State Council and the provincial government to establish authority, scenic area management bodies, nature reserve management authority under the provisions of laws and regulations or rules, the specific administrative acts in their own name, to the management of the organisation applying for administrative reconsideration of the local people.
    Nineth district municipal re-education through labour management committee the specific administrative acts, to the district municipality or province re-education through labour management Committee for administrative reconsideration.
    Re-education through labour management committee the specific administrative act undertaken in the province, and to the provincial people's Governments may apply for administrative reconsideration.
    Article tenth without laws and regulations authorized executive authorities established the provisional institutions, non-permanent establishment of specific administrative act shall be made in the name of their own.
    Citizens, legal persons or other organizations against the executive authorities established the provisional institutions, non-standing body of specific administrative acts in their own name apply for administrative reconsideration, the establishment of the Agency's administrative body is the respondent.
    11th citizens, legal persons or other organizations against the Executive and non-executive agencies specific administrative acts may apply for administrative reconsideration, the administrative organ shall be the respondent. 12th and were applying for administrative reconsideration of specific administrative act, interested citizens, legal persons or other organizations is the third party of administrative reconsideration. The administrative reconsideration organ shall notify the third party of administrative reconsideration.
    Do not participate in the administrative reconsideration of third party, without prejudice to the administrative review.
    13th the applicant, the third party may appoint one or two agents to participate in the administrative review. Entrust an agent to participate in the administrative reconsideration shall be made to the administrative reconsideration organ to produce his proof of identity, and presented by power of Attorney of the client signature or seal. Proxies shall set forth the matters entrusted and the specific permissions. Clients in special cases, it is not written, or oral delegate.
    Commissioned by the oral, the administrative reconsideration organ shall verify and record the volume.
    Principal-agent waiver, alteration of administrative reconsideration or bring an administrative compensation, must be specifically authorized in writing by the client.
    14th applicants in writing or orally an application for administrative reconsideration, administrative body for reconsideration shall, without delay on the applicant's basic situation, administrative reconsideration request, apply for administrative reconsideration of the main facts, reason and time to be confirmed.
    15th article administrative reconsideration organ on applicants on following matters proposed of administrative reconsideration application not accepted: (a) administrative reconsideration method eighth article provides of matters; (ii) police organ, and national security organ in accordance with People's Republic of China criminal method of authorized implementation of behavior; (three) administrative organ on its staff of wage, and insurance, and welfare treatment, made of decided; (four) administrative organ made of not has forced force of administrative Guide behavior and petition replies behavior.
    16th respondent error listed in the application for administrative reconsideration, administrative reconsideration organ change shall inform the applicant that the applicant applicant does not agree with the changes, the application for administrative reconsideration is not accepted by the administrative reconsideration organ. Article 17th written review of the approach to the principle of administrative reconsideration.
    Administrative reconsideration for review by specific administrative act undertaken by the applicant, should carefully read the relevant documents and information, to undertake a comprehensive review of the specific administrative act.
    Applicant requests or administrative reconsideration institutions when deemed necessary, to the relevant organizations and personnel to investigate the situation. Administrative reconsideration in investigation, administrative review shall be at least two people, and shall take the initiative to show their IDs, ID.
    Survey record shall be kept, records checked by the person under investigation, signed by the person under investigation and the investigation or sealed; respondents to record dissent, the right to request correction.
    18th administrative reconsideration institutions and relevant organizations or persons to obtain evidence, and relevant organizations or persons shall cooperate with and shall not refuse or obstruct.
    Involves State secrets, business secrets or individual privacy materials, administrative review officers shall be kept confidential. Article 19th applicant, applicant, the third party's evidence must be submitted to the administrative reconsideration organ is the original, physical evidence should be original.
    There is difficulty in submitting originals, originals, copies, copies, reproductions, photographs can be submitted.
    Submitted to the foreign-language documentary, Chinese translation must be attached. 20th administrative reconsideration institutions in evidence may be destroyed or lost or difficult to obtain later cases, approved by the heads of administrative reconsideration organs, relevant evidence can be advanced registration and preservation, and shall make a decision in a timely manner in the 7th.
    During this period, the party or person concerned shall destroy or transfer of evidence.
    Administrative reconsideration organs of the people's Governments above the county level, advance registration and conservation measures can be approved by the heads of administrative reconsideration.
    21st the applicant or the third party's written response to the respondent disagrees, may submit written comments can also request specific administrative acts to the respondent's evidence, evidence and other relevant material for cross-examination. Administrative reconsideration requests for interrogation according to the applicant, the third party, called the cross-examination by the parties concerned.
    Responsible for administrative reconsideration of the cross-examination shall be not less than two.
    22nd article administrative reconsideration during, has following case one of of, administrative reconsideration suspended: (a) administrative reconsideration decided must to related case of processing results for according to, and related case yet closed of; (ii) for force majeure, led administrative reconsideration organ temporarily cannot for administrative reconsideration of; (three) applicants lost capacity, yet determine statutory agent of; (four) other law should suspended of. Suspension of administrative reconsideration, administrative reconsideration organ shall draw up a notice of suspension of administrative review, and served on the applicant, the respondent and the third party.
    Administrative reconsideration of the suspension period not included in the administrative review review period.
    Abort causes eliminated, administrative reconsideration organs should restore administrative review procedures, and inform the applicant, the respondent and the third party.
    23rd article administrative reconsideration during, has following case one of of, administrative reconsideration terminated: (a) administrative reconsideration application accepted Hou, found not meet accepted conditions of; (ii) administrative reconsideration application accepted Hou, found other administrative reconsideration organ or court first Yu this organ law accepted of; (three) applicants lost capacity, its statutory agent gave up administrative reconsideration right of; (four) other law should terminated of.
    Termination of administrative reconsideration, administrative reconsideration organ shall draw up a notice of termination of administrative reconsideration, and served on the applicant, the respondent and the third party.
    24th administrative reconsideration application is filed by two or more applicants, administrative reconsideration decision is made, some applicants to withdraw an application for administrative reconsideration, administrative reconsideration organs should be another part of the applicant to withdraw the application for administrative reconsideration of administrative reconsideration decision.
    25th before the administrative body for reconsideration shall make an administrative reconsideration decision, applicant according to law after the withdrawal of an application for administrative reconsideration, once again, on the same facts and reasons to the same administrative authority may apply for administrative reconsideration, administrative reconsideration organs inadmissible. 26th the administrative reconsideration organ for the respondent to make the specific administrative act's violation of legal procedures, decided to revoke the administrative act, and orders the respondent conducted a specific administrative act, the respondent based on the same facts and grounds and the original specific administrative act the same or essentially the same specific administrative act, not an increase in administrative punishment.

    27th executive administrative body for reconsideration of the reconsideration decision, you should make a written administrative reconsideration decision.
    Administrative reconsideration decided book should including following content: (a) applicants, and was applicants of basic situation; (ii) applicants of requests and reason; (three) was applicants provides of had made specific administrative behavior finds of facts and applies of according to; (four) administrative reconsideration organ finds of facts, and made administrative reconsideration decided of reason and according to; (five) administrative reconsideration conclusion; (six) refuses to administrative reconsideration decided to court filed administrative litigation of right and term; (seven) made administrative reconsideration decided of time.
    Administrative reconsideration cases as a third party, or the applicant or the third party commissioned agent to participate in the administrative reconsideration, administrative reconsideration decision should also include a third person, the basic situation of principal-agent and the third party statements and reasons, and so on.
    Administrative reconsideration decision shall bear the administrative reconsideration organ seal or seal of administrative reconsideration.
    28th people's Governments above the county level on major cases of administrative review the administrative reconsideration decision, shall, within the 15th level people's Government for the record.
    Working departments of the people's Governments above the county level after major administrative review cases on administrative reconsideration decision, it should be reported that the people's Governments at the corresponding level in the 15th and authorities at a higher level for the record. 29th article of the regulations come into force on June 1, 2002.
                                                                                                  August 18, 1992 issued by the provincial Government of Jiangxi provincial people's Government above the county level administrative reconsideration rules repealed simultaneously.

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