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Administrative Litigation Of Shijiazhuang Municipal Way

Original Language Title: 石家庄市人民政府行政应诉办法

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Modalities for the administration of the gendarmerie

(It was considered at the 61th ordinary meeting of the Twelfth People's Government, held on 4 January 2012, through Decree No. 180 of 28 April 2012 of the People's Government Order No. 180 of 28 April 2012.

Article 1 promotes the administration of law, in accordance with the National People's Republic of China's Administrative Procedure Act, and develops this approach in conjunction with the present city.

Article 2 shall apply to the administration of the accused, in accordance with article 2, of the People's Government (hereinafter referred to as the municipality).

Article 3: The Office of the Rule of Law of the Metropolitan Region (hereinafter referred to as the Municipal Rule of Law) is responsible for the organization, coordination, guidance and supervision of the work of the municipal administration.

Article IV is administratively vouchers by the municipal authorities that make specific administrative acts or by organizations entrusted by the municipality.

Article 5 Without the establishment of a rule of law body, it is the responsibility of the body responsible for the administration of the rule of law or the corresponding operational body.

Article 6 shall determine, within a letter dated 2 February from the Executive Secretary of the People's Court of Justice, the administration shall be transferred to the relevant material. With respect to more than two administrations v. the host sector, the Principality of the Law of the Municipalities has been established by the Legislature.

Article 7. The executive branch shall complete the following work from the date of receipt of the letter of credit from the People's Court of Administration:

(i) A reply. Resolves, evidence-based, procedural responses should be taken around the facts of the particular administrative act, and requests for litigation should be made in response to whether they belong to and fulfil their statutory responsibilities;

(ii) To collect, collate evidence on the basis of real, legitimate, relevant and comprehensive principles and to produce a directory of the evidence provided;

(iii) To develop a commissioner and to produce a letter of recommendation from the commissioner. The commissioner shall not be less than two, one of the administrative officers who are familiar with business and have legal knowledge.

Article 8. The executive shall, in the case of the institution of the rule of law of the host sector, review, sign or add the chapter of its reply and evidence, to the Presidential Rule of Law.

Article 9. After having received information under article 8 of the current methodology sent by the Office of the Ombudsman, the Municipal Rule of Law shall be subject to a review of the legality of the reply and, if necessary, may organize expert arguments.

Following a review of the responses sent to the executive branch, the Municipal Rule of Law Office should prepare, in a timely manner, a legal representation certificate and a letter of authorization, a request for administrative action by the contractor's administration.

Article 10. Administration shall submit a reply to the People's Court within a statutory period of time, the evidence base and the authorization of the commission and the legal representative's identity certificate.

Article 11. The municipal government may entrust the agent to appear before the court and the authority of the agent is generally represented. There is a need to change the delegated authority, which is reported by the executive branch by the Government.

Article 12 entrusts the agent to appear before the court at the time of the trial and, for exceptional circumstances, should be informed by the People's Court in advance of the reasons and may apply for extensions to the People's Court.

Article 13 entrusts the agent to conduct proceedings within the scope of the delegated authority and shall communicate in a timely manner the circumstances and questions during the proceedings in the host sector.

Article 14. Specific administrative actions are required to cease implementation, failure and risk-related impacts, and the administration should report to the municipal government in a timely manner and file with the municipal rule of law.

Article 15 Prior to the judgement or decision of the People's Court, the administration shall, in the case of the contractor, find that the specific administrative acts are in breach of the law and shall be brought promptly to the municipal authorities to withdraw or change the specific administrative acts. Removal or change of specific administrative acts should be communicated in writing to the People's Court and the stakeholders.

Article 16, after a judgement or decision by the People's Court, the executive branch shall, within 2 days of the date of receipt of the judgement or decision, submit the judgement or the legal instrument, such as the judgement or decision, to the municipal rule of law.

The administrative proceedings, such as a change in the judgement, the withdrawal, confirmation of an offence or the enforcement of an order, shall be reported by the Administration within 10 days of the date of receipt of the judgement or decision, to be sent to the Municipal Government and to the Municipal Rule of Law Office. The final report should contain the following key elements:

(i) Facts and justifications of the controversy between the executive branch and the administration;

(ii) The judgement of the People's Court of entry into force or the decision of the outcome;

(iii) The corresponding recommendations, observations and measures;

(iv) Other matters requiring clarification.

Article 17 has been reported to the Government of the city by a change in the judgement of entry into force of the People's Court, the withdrawal, confirmation of an offence or the enforcement of an order, and the executive branch shall submit its observations and recommendations on its implementation measures, effectiveness and its impact.

Article 18

Article 19

(i) No reply shall be submitted within the period specified;

(ii) No request to appear before the People's Court;

(iii) No reported matters to be reported to the municipality in accordance with articles 14, 16 and 17 of this approach;

(iv) To reject the enforcement of the judgement, decision or judicial recommendations of the People's Court;

(v) The law, legislation and regulations are otherwise provided.

Article 20 states that the administration shall be subject to the administrative review of the institution's administration in accordance with the law, which shall be included in the administrative review of the performance of the office of the charest, shall be included in the annual non-apmission unit and shall be given administrative accountability to the contractor to inform the office of criticisms, as appropriate, to the responsible person.

Article 21 should provide regular statistical, analytical and reporting to the municipal authorities on cases.

Article 2

Article 23 of the Municipal Government's stereotyped “The administration of the gendarmerie shall be v.

Article 24 states (community), the people of the region and the municipalities may, in line with this approach and in practice, establish administrative rules in this district (market), area and sector.

Article 25 The relevant provisions before this approach are incompatible with this approach.