Key Benefits:
(Prelease No. 112 of the People's Government Order No. 112 of 9 April 2002) Article 1 implements the Law on Administrative Review of the People's Republic of China (hereinafter referred to as the Administrative Review Act) and sets out this provision in the light of the practice of this province. The executive body responsible for administrative review in accordance with the Administrative Review Act is the executive review body. The body responsible for the rule of law by the executive review body is the executive review body of the body. Article 3 (i) Organizing the dissemination of legal knowledge for administrative review; (ii) Guidance, supervision and inspection of the administrative review of the lower-level administrative review body; (iii) Adherence of administrative review decisions. The executive review body of the Government of the above-mentioned population at the district level should also be well trained and evaluated by administrative reviewers. Article IV. The executive review body shall designate an individual to undertake administrative review. Administrative reviewers should have the following conditions: (i) Persons of national civil servants or other persons performing administrative review functions under the law; (ii) Access to higher education and legal expertise at the university level; (iii) Training in the administrative review of legal knowledge organized by the executive review body of the people's government at the district level and is eligible for examination. Article 5 Civil, legal or other organizations consider that specific administrative acts violate their legitimate rights and interests, may submit an application for administrative review within sixty days of the date of knowledge of the specific administrative conduct. The application for administrative review was calculated from the date on which specific administrative acts were made; the relevant legal instruments for specific administrative conduct were sent to the parties in a statutory manner and the application for administrative review was calculated from the date on which legal instruments were sent; and the application of specific administrative acts did not produce legal instruments in accordance with the statutory procedures, and the application for administrative review was calculated from the actual date of the specific administrative conduct. The applicant contested the date of delivery of legal instruments relating to specific administrative acts and was charged with the burden of proof. Article 6. The applicant shall provide proof of the duration of the application due to force majeure or other reasonable reasons. After the determination of the executive review body, the application has continued to be calculated from the date of the removal of the barrier. Article 7 does not apply for administrative review to the competent authorities at the top of this province by applying for specific administrative acts of executive organs such as vertically led business, tax, quality technical supervision, drug surveillance. The specific administrative actions of the executive organs, such as provincial commerce, tax, quality technical supervision, drug surveillance, apply to the Government of the province or its superior authorities for administrative review. Article 8 does not apply for administrative review to the local people of the institution, in accordance with the laws, regulations or regulations, for the development of district administrations, which are approved by the State Department, the provincial people's Government, the management of the institution's local government. Article 9 does not correspond to the specific administrative acts of the Labour Correctional Management Committee in the Zone, and requests administrative review to the Government of the People's Republic of the Region or the Ministry of Labour Rehabilitation. The specific administrative actions of the Provincial Commission on Labour Correctional Services are not consistent and apply to the Government of the province for administrative review. Article 10. In the absence of legal, legislative and regulatory mandates, temporary bodies established by administrative organs, non-permanent bodies shall not conduct specific administrative acts in their own name. Individuals, legal persons or other organizations do not apply for administrative review in their own name for specific administrative actions by temporary bodies established by the executive organs, non-permanent bodies. Article 11 Civil, legal or other organizations do not apply for administrative review by the executive branch in conjunction with non-administrative organs, which is the applicant. Article 12 is a citizen, legal person or other organization of the civil, legal or other organization that is in the interest of a specific administrative act for which administrative review is sought. The executive review body shall inform third parties of their participation in administrative review. The third does not participate in administrative review without prejudice to the conduct of administrative review. Article 13 applicants, third parties may entrust one to two agents to participate in administrative review. The appointing agent shall present his or her identity certificate to the executive review body and submit a letter of commission signed by the author or chapter. The letter of commission should contain matters and specific competence. The commissioner may not, in exceptional circumstances, be entrusted in writing or may be entrusted orally. The executive review body should verify and record the volume of its work. The author must be given special authorization in writing by the author for the abandonment, modification of the administrative review request or for administrative compensation. Article 14. The applicant submits an application for administrative review in writing or orally, and the executive review body shall promptly confirm the basic circumstances of the applicant, requests for administrative review, the main facts, reasons and time for the application of administrative review. Article 15 Applications for administrative review by the executive review body on the following matters are inadmissible: (i) Matters under article 8 of the Administrative Review Act; (ii) Conduct carried out by public security authorities, national security authorities in accordance with the mandate of the People's Republic of China Criminal Procedure; (iii) Decisions taken by the executive branch on the salary, insurance and welfare of its staff; (iv) Conduct of unlawful administrative guidance by the executive branch and correspondence responses. Article 16, the applicant's error in the application for administrative review, should be informed by the executive review body of the applicant's change; the applicant does not agree with the change and the administrative review request is inadmissible. Article 17 In reviewing the specific administrative conduct of the applicant, the Administrative Review Body should carefully consult the relevant documentation and information to conduct a comprehensive review of specific administrative conduct. The applicant may, at the request of the applicant or when the administrative review body deems it necessary, investigate the case to the relevant organizations and persons. In the course of the investigation, the administrative review body shall not be less than two individuals, and shall make an initiative to produce documents indicating identity. The investigation should be accompanied by a record, which is checked by the surveyor, signed by the investigationor or by a chapter indicating that the investigator has objected to the record and has the right to request the addition. When an administrative review body investigates the evidence to the relevant organizations or persons, the relevant organizations or persons shall cooperate without denying, blocking. Information concerning State secret, commercial secret or personal privacy should be confidential. The submissions submitted by the applicant, the applicant and the third party to the executive review body shall be the original and the material certificate shall be the original. The submission of the original, the material was difficult and could be submitted for photocopy, copies, reproduction, photographs. Submissions of the outside instrument must be accompanied by the Chinese translation. Article 20 provides that the administrative review body, with the approval of the head of the executive review body, may pre-registrate the evidence concerned and shall take a decision in a timely manner within seven days. During that period, the parties or the persons concerned shall not destroy or transfer evidence. The executive review body is the Government of more than the population at the district level, and a pre-registration conservation measure can be approved by the executive review body head. Article 21, the applicant and the third party may make written observations in writing against the written responses of the applicant; or may require evidence of the applicant's specific administrative conduct, evidence based on and other relevant materials. The administrative review body may convene the relevant party's certificate based on the request of the applicant, the third party. The administrative reviewers responsible for the evidence shall not be less than two. During the administrative review, one of the following cases was suspended: (i) The administrative review decision must be based on the results of the processing of the relevant cases, which have not been completed; (ii) In the event of force majeure, administrative review bodies are temporarily unable to conduct administrative reviews; (iii) The applicant has not yet identified the statutory agent; (iv) Other laws should be suspended. The suspension of the administrative review shall result in the production of a letter of suspension of administrative review to be sent to the applicant, the applicant and the third. The period of suspension of administrative review shall not be taken into account in the administrative review period. After the removal of the reasons for the suspension, the executive review body should resume the administrative review process and inform the applicant, the applicant and the third. During the administrative review, there were one of the following cases and administrative reviews terminated: (i) After the application of the administrative review, it was found that the conditions of admissibility were not met; (ii) After the application of administrative review, other administrative review bodies or the People's Court were found to be before the law of the organ; (iii) The applicant lost his or her ability to act and his legal representative renounced the right to administrative review; (iv) Other laws should be terminated. The executive review body shall prepare a letter of termination of administrative review to bring the applicant, the applicant and the third. Article 24 requests for administrative review were submitted by more than two applicants and, prior to the administrative review decision, a part of the applicant withdrew the application for administrative review, and the administrative review decision should be taken by the administrative review body on the application for administrative reconsideration of the other part of the applicant's non-returned administrative review. Article 25 Prior to the administrative review decision of the executive review body, the applicant was dismissed by law upon the withdrawal of the application for administrative review and, on the same basis, to the same administrative organ for re-exploitation. Article 26 The administrative review body, in violation of the statutory procedures by the applicant's specific administrative acts, decides to withdraw that specific administrative act and to compel the applicant to re-establish a specific administrative act, shall not aggravate administrative penalties on the same facts and grounds as the specific administrative acts or the same specific administrative acts. Article 27 provides administrative review decisions by the executive review body and shall produce administrative review decisions. The Executive Review Decisions shall include the following: (i) The basic situation of the applicant and the applicant; (ii) The applicant's request and the grounds; (iii) The facts and the basis for which the applicant provides when making a specific administrative act; (iv) The facts determined by the executive review body, the reasons and the basis for the administrative review; (v) Conclusion of administrative review; (vi) The right and duration of administrative review decisions to initiate administrative proceedings before the People's Court; (vii) Time for administrative review decisions. The administrative review cases were third parties, or the applicant, the third party commissioned the agent to participate in the administrative review, and the administrative review decision should also include the third party, the basic situation of the commissionor, the third person's presentation and the reasons. The executive review decision shall be added to the chapter of the executive review body or to the special chapter of the executive review. The Government of more than twenty-eight people at the district level shall, after the decision of the executive review of the major administrative review cases, report back to the Government of the people at the top 15 days. Upon the administrative review of the major administrative review cases by the people's work sector at the district level, the Government and the authorities at the grass-roots level should be reported in the fifteenth day. Article 29 of the present provision is implemented effective 1 June 2002. The Rules for Administrative Review of the People's Government of the Grand West Province, issued on 18 August 1992, were repealed. |
