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People's Republic Of China For Customs Administrative Punishment Hearing Approaches

Original Language Title: 中华人民共和国海关行政处罚听证办法

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(January 26, 2006, the General Administration of customs, the 145th promulgated as of March 1, 2006) Chapter I General provisions article in order to standardize the customs administrative punishment hearing procedure, protect the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the People's Republic of China on administrative punishment law and the People's Republic of China implementation of customs administrative punishment Ordinance and other relevant provisions of laws and administrative regulations, these measures are formulated.
    Article customs administrative punishment before a decision is made, the Parties apply for hearing, procedures apply.
    Third article Customs made suspended engaged in about business, and suspended customs practice industry, and revoked customs registered registration, and canceled customs practitioners qualification, and on citizens at 10,000 yuan above fine, and on corporate or other organization at 100,000 yuan above fine, and confiscated about goods, and items, and smuggling transport tool, administrative punishment decided zhiqian, should told party has requirements held hearing of right; party requirements hearing of, customs should organization hearing. The fourth customs administrative punishment hearing shall follow open, fair, just and convenient principle.
    Customs administrative punishment hearing shall be held openly, and involve State secrets, business secrets or private affairs otherwise. Chapter II organizational hearing bodies, personnel section fifth hearings on customs administrative punishment cases of administrative punishment cases by the Customs Department is responsible for the organization.
    Cases involving intellectual property punishment hearings by the Customs Department is responsible for the Organization of the legal system concerning qualification penalty hearing of the case, qualification penalty penalty decision by the Customs Department is responsible for the organization.
    Sixth hearing shall specify 1 presider and 1 clerk and, if necessary, you can specify from 1 to 4 hearing to assist the hearing officer hearing.
    Hearing cases involving customs expertise, organization may invite Customs-related business of hearing experts serving as hearing officer.
    Seventh article hearing host perform following terms: (a) decided extension, and suspended hearing; (ii) on case of facts, and intends made administrative punishment of according to and reason for questions; (three) requirements hearing participate in people provides or added evidence; (four) presided over hearing program and maintained hearing order, on violation hearing discipline of behavior be stop; (five) decided about witnesses, and identification people whether participate in hearing.
    Eighth article hearing host, and hearing Member, and records Member has following case one of of, should itself avoided, party and agent people also right to application its avoided: (a) is this case survey personnel; (ii) is party, and this case survey personnel of near relatives; (three) served as had this case of witnesses, and identification people; (four) and this case of processing results has interest relationship.
    Provisions of the preceding paragraph, apply to interpreters, expert witnesses.
    Hearing clerk, records clerk, translator, expert witness avoid, determined by the hearing; hearing avoided, decided by the Organization in charge of the hearing, the hearing officer for the head of the Organization of the hearing, avoid hearings held by the head of customs decisions.
    Participants in the hearing and others in chapter III rights and obligations include Nineth participants in the hearing of the parties and their agents, the third party and their agents, the investigators of the case and other persons, including witnesses, interpreters, expert witnesses.
    Tenth party shall enjoy the following rights: (a) the use of the native language to the hearing; (b) the application or give up a hearing; (c) applications for public hearings and (iv) lawyers or other persons as the hearing representative; (e) statements, representations, and evidence of proof (vi) access to hearing transcripts, and modify it and sign it.
    11th and have a direct stake in the outcome of the case of citizens, legal persons or other organizations to participate in the hearing, as a third party to the hearing. The 12th party, the third party may appoint 1 or 2 agents to participate in the hearing.
    Agents have the same rights with the client in the delegate permissions, and fulfil the same obligations.
    13th party or a third party commissioned agents to participate in a hearing, the hearing should be held to Customs prior to submission of a power of Attorney, letter of authorization shall specify the following matters: (a) the trustor and its agents briefly; (b) the agent's agent permission; (c) the Agency dates (iv) principal signature date and the principal.
    Client termination delegate, shall notify the Organization of the hearing.
    14th case investigators are hearings on customs administrative punishment cases investigation and evidence collection and participate in staff.
    In the course of the hearing, investigators State party against the facts of the case, evidence, intended to make the decision on administrative penalty and its legal basis, and cross-examined, debate with the party.
    15th agreed by the hearing officer, the investigators of the case, the parties and the third party may require the witness to attend the hearing and hearing prior to 1st gives basic information about witnesses.
    16th is not familiar with the local language of the participants in the hearing and other officers, the Customs shall hire translators for it. And technical issues need to be identified, customs should be handed over to the Customs laboratory accreditation bodies or entrust other national accreditation bodies for identification.
    Agreed by the hearing, parties and their agents, the third party and their agents, the investigators of the case may require experts to participate in the hearing.
    17th, third parties and agents and their agents, the investigators of the case, witnesses, interpreters, expert witnesses should attend the hearing, comply with the hearing disciplines, and truthfully answer Presiders questions. Chapter fourth hearing of the application and decided the 18th parties shall inform customs in its right 3rd from the date of the hearing, hearing an application in writing to the customs.
    To apply by post, to date of postmark date as the date of application.
    Party due to force majeure or other exceptional circumstances cannot be hearing an application made within the prescribed period, approved by the customs, can apply for hearing up to 3rd after the obstacle is removed.
    The 19th article customs decided to organise a hearing, shall from the date of receiving the application for hearing within the 30th hearing, 7th hearing will be held and the notification of hearings on customs administrative punishment (see annex 1) served on the parties concerned. The notification of customs administrative punishment hearing shall set out the party's name or name, hearing the name and time and place of the hearing of the case, stamped with the seal of customs administrative cases, and set out the following matters: (a) whether held in public hearings.
    No public hearings, it shall explain the reasons, (ii) the presiding hearer, hearing clerk, records clerk's name; (c) to request the parties to submit to the hearing list, identification and prepare matters relating to evidence, notify the witness and (iv) the rights and obligations of the parties, Attorney and (e) other relevant matters.
    20th under any of the following circumstances, the Customs shall make the decision not to hold a hearing: (a) the applicant is not a party to the case or his or her agent, (ii) is not made within the period stipulated in this article 18th hearing applications; (c) these procedures do not belong to the scope of the article.
    Decide not to grant a hearing, the Customs shall, from the date of receiving the application for hearing within 5th making the notification of hearings on customs administrative punishment are not (see annex 2), and delivered to the applicant in a timely manner.
    21st more Parties respectively, for the same apply for hearing administrative cases, hearing can be combined.
    Cases where two or more parties, part of hearing an application made by the parties, the Customs may notify the other parties to the hearing.
    Only some of the parties to the hearing, can only relate to the part of the party of the facts of the case, evidence, held a hearing on the law applicable, the Customs shall be made after hearing the decision.
    Fifth chapter hearing of held 22nd article in hearing process in the, hearing participate in people and the other personnel should comply with following hearing discipline: (a) hearing participate in people and the other personnel should comply with hearing order, by hearing host agreed Hou, to for statement and debate; (ii) sit personnel shall not effect hearing of normal for; (three) prepared for recording, and video, and photography and interview of, should prior reported by hearing host approved. 23rd article hearing should according to following program for: (a) hearing host check party and agent, and third people and agent, and case survey personnel of identity; (ii) hearing host announced hearing participate in people, and translation personnel, and identification personnel list, asked party and agent, and third people and agent, and case survey personnel whether application avoided; (three) announced hearing discipline; (four) hearing host announced hearing began and introduced case; (five) case survey personnel statement party illegal facts,
    Show related evidence, proposed intends made of administrative punishment decided and according to; (six) party and agent statement, and defence, proposed views and advocates; (seven) third people and agent statement, proposed views and advocates; (eight) hearing host on case facts, and evidence, and punishment according to for questions; (nine) party and agent, and third people and agent, and case survey personnel mutual quality card, and debate; (ten) party and agent, and third people and agent, and case survey personnel for last statement;
    (11) announced the end of the hearing.
    24th parties and their agents, the third party and their agents, the investigators of the case should focus on the legality, authenticity and relevance of evidence, against the evidence of effectiveness and demonstrate effectiveness in any size of cross-examination.
    Agreed by the hearing, parties and their agents, the third party and their agents, the investigators of the case evidence to post questions, you can also put questions to witnesses, experts; questions shall not adopt any inducement, threat, insult, such as language or a way to ask questions ought to be associated with the facts of the case.
    25th article on documentary, and evidence and audio-visual information for quality card Shi, party and agent, and third people and agent, and case survey personnel should show evidence of original or original; has following case one of of, can not show original or original: (a) show original or original does have difficult, by hearing host agreed can show copy pieces or copies of; (ii) original or original has not exists, but can proved copy pieces, and copies and original, and original consistent of.
    Audio should be played or displayed at the hearing, and evidence found.
    26th article has following case one of of, should extension held hearing: (a) party or its agent for force majeure or has other due reason cannot scene of; (ii) temporary decided hearing host, and hearing member or records Member avoided, cannot spot determine replaced candidates of; (three) as party of corporate or other organization has merged, and Division or other assets restructuring case, need waiting for right obligations bear people of; (four) other law should extension held hearing of case.
    Postponed the hearing after the Elimination of the causes and determine anew by the hearing officer hearing time, and notify the participants in the hearing and others.
    27th article has following case one of of, should suspended held hearing: (a) need notification new of witnesses scene or need again identification, and added evidence of; (ii) party for force majeure or has other due reason temporarily cannot continues to participate in hearing of; (three) hearing participate in people and the other personnel not comply with hearing discipline, caused venue order chaos of; (four) other law should suspended held hearing of case.
    Suspended the hearing after the Elimination of the causes, the time determined by the hearing officer to restore hearing, and notify the participants in the hearing and others.
    28th article has following case one of of, should terminated held hearing: (a) party withdrawn hearing application of; (ii) party no due reason not on time participate in hearing of; (three) party no due reason midway exit of; (four) party death or as party of corporate, and other organization terminated, no right obligations bear people of; (five) other law should terminated hearing of case. 29th a record shall be kept of the hearing.
    Hearing record should column Ming following matters: (a) case; (ii) hearing participate in people and the other personnel of name or name; (three) hearing host, and hearing Member, and records member of name; (four) held hearing of time, and locations and way; (five) case survey personnel proposed of this case of facts, and evidence and intends made of administrative punishment decided and according to; (six) statement, and defence and quality card of content; (seven) witnesses testimony; (eight) by provides should column ming of other matters. Article 30th hearing transcripts should be undertaken by participants in the hearing and other personnel to confirm correct signature or seal-by-page basis.
    Disagrees with the content of the records can be corrected on the spot confirm signature or seal.
    Participants in the hearing and others refused to sign or seal, the recorder indicated in the record of hearing.
    Sixth chapter supplementary articles article 31st hearing officer, hearing officer, record violates the relevant provisions of the measures, if the circumstances are serious, shall be given administrative sanctions by the unit in accordance with the relevant provisions.
    32nd article this way provided for service of legal instruments in the light of the People's Republic of China regulations of the code of civil procedure.
    33rd article this way, the term "day" means working days, "more than", "less than" and "before" contain this number.
    The 34th organization of customs administrative punishment hearing costs borne by the customs.
    To interpret article 35th of the GAC. 36th these measures shall come into force on March 1, 2006.

    On November 12, 1996, released by the General Administration of customs of the People's Republic of China for customs administrative punishment hearing interim measures be repealed simultaneously. Annex 1: = People's Republic of China closed hearings on customs administrative punishment notice [] number ____________: upon review of your (in) the hearing of an application made in accordance with the People's Republic of China Law on administrative punishment and 42nd of the People's Republic of China Customs
    Political punishment regulations for the implementation of provisions of the 49th article, I decided to held a hearing on case of ______, please (units) at the time of the day to attend the hearing.

                                        Notice is hereby given that. (印章)
                                     年    月    日
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    附件2:
                          中华人民共和国  海关
                         行政处罚不予听证通知书
                                              关  字[    ]  号
___
    _________: Upon review of your (in) the ______ of hearing applications belong to the following items: (a) the applicant is not a party to the case or its agents, (ii) is not hearing an application made within the prescribed time, (iii) is not within the scope of the hearing according to law.
    (四)_______________________。
    According to the People's Republic of China on administrative punishment law 42nd and the People's Republic of China regulations for the implementation of customs administrative penalty provisions of 49th, I decide not to grant a hearing.

                                        Notice is hereby given that.
                      (印章)
                                     年    月    日
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