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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Administrative litigation of Shijiazhuang municipal way

    (January 4, 2012, the 12th session of the Standing Committee of the people's Government of the 61st, Shijiazhuang consideration by April 28, 2012 180th in Shijiazhuang city people's Government promulgated as of June 1, 2012) first to standardize the administrative response, promoting administration according to law, in accordance with the People's Republic of China administrative litigation law, combined with the city's actual, these measures are formulated.

    Article in Shijiazhuang city people's Government (hereinafter referred to as the city) Administration for the defence the respondent, these measures shall apply.

    Affairs Office of the Shijiazhuang city article (hereinafter referred to as municipal legal Affairs Office) is responsible for the work of the municipal administration in responding organization, coordination, guidance and supervision.

    Fourth to formulate specific administrative acts on behalf of the municipal government municipal government departments or organizations commissioned by the City Government for responding to host Administrative Department. Article fifth responding to host Administrative Department of the Office of Legislative Affairs is responsible for the Organization in responding.

    Without a legal working body, consists of in charge of legislative affairs agency or the appropriate operational agencies. Sixth municipal people's Court shall, upon receiving the notice of administrative litigation legal Affairs Office established within the 2nd responding to host Administrative Department and issue a letter of reply to responding to host Administrative Department and transferred to related material.

    Involving more than two responding to host Administrative Department, organised by the municipal legal system Office of the respondent Department, assisted by departments reported that the Municipal Government to determine.

    Responding to host Administrative Department of seventh people's Court shall, upon receiving the notice of administrative litigation 7th to complete the following tasks: (A) the written pleadings.

    Should focus on the specific administrative act complained against facts, evidence, procedures for reply and claims to require to perform the statutory duties of, should of, to perform the statutory duties in reply;

    (B) in accordance with the true, legitimate, associate, comprehensive collection, collation of evidence based on the principle of, and making the list of evidence provided by; (C) developing agent, and Attorney letter of recommendation.

    Agent shall be not less than 2, must be familiar with the business and executive staff with legal expertise 1.

    Eighth responding to host Administrative Department of rule of law institutions should the pleadings and the evidence be reviewed, signed or stamped, submitted to municipal legal Affairs Office.

    Nineth submission responding to host Administrative Department of municipal legal Affairs Office received this way after the material provided for in the eighth, legitimacy of the pleadings should be reviewed and, if necessary, may appoint an expert.

    City Law Office in responding to host Administrative Department submitted to the defence review, shall promptly prepare proof of identity and the power of Attorney of the legal representative, responding to urge the Administration to host Department for responding to administrative formalities.

    Tenth responding to host Administrative Department should be submitted to the people's Court within the legal time limit pleadings, evidence as well as power of Attorney and the legal representative of certificate of identity. 11th the city may authorize an agent to appear in court in responding, entrusts an agent to delegate permission for general agents.

    Need to change delegate permissions, hosted by the administrative litigation department specifically authorized by the municipal government.

    12th agent Court appeal on time, due to exceptional circumstances cannot appear in court on time, should inform the people's Court and justify in advance, and may apply for an extension to a people's Court.

    13th authorized agent shall, within the scope of delegated authority proceedings, and should inform the responding host Administrative Department and issue during the proceedings.

    14th during administrative proceedings against concrete administrative behavior needs to stop execution, risk losing potential impact, responding to host Administrative Department shall timely report to the municipal government, and to the municipal legal Affairs Office for the record. 15th people's Court before judgment or ruling is made, responding to host Administrative Department found to be against a specific administrative act is illegal, should ask the City Government to withdraw or change the original specific administrative act in a timely manner.

    Revoke or alter a specific administrative act, it shall promptly notify the Court and stakeholders.

    The 16th people's Court after the judgment or ruling made, responding to host Administrative Department shall, when receiving a judgment or ruling within 2nd day of judgment or ruling, Legal Affairs Office, legal instruments such as the record. Accused convicted of specific administrative acts change, cancellation, identify illegal or be ordered to perform such administrative litigation cases, responding to host Administrative Department shall, when receiving a judgment or ruling within 10th of writing the final report, submitted to the City Government and municipal legal Affairs Office for record.

    The final report shall include the following main elements:

    (A) the executive authorities and the administrative disputed facts and reason;

    (B) the results of court judgment or ruling in force;

    (C) the corresponding recommendations, observations and measures;

    (D) other matters of note.

    17th article sued a specific administrative act is the people's court verdict change, cancellation, identify illegal or be ordered to comply, the responding host Administrative Department shall adopt implementation measures, the effect of its observations and recommendations, and report to the municipal government, and to the municipal legal Affairs Office for the record.

    18th administrative litigation cases contractors responding to the host Department should enter into force in the judgment or order made in the 30th after filing.

    19th responding to host Administrative Department in Administrative Affairs and respondent shall not commit any of the following acts:

    (A) does not submit a reply within the time limit specified;

    (B) is not required by the Court to appear in court in responding;

    (C) shall, in accordance with the 14th of this approach, 16, section 17 is not reported to the municipal government report;

    (D) refuses to fulfil people's Court judgement, ruling or judicial opinions;

    (E) as otherwise provided by laws and regulations.

    20th should be responding to host Administrative Department of the Municipal Government's administrative litigation work in evaluation of administration by law, more than twice the annual 19th acts lead to these measures the Municipal Government against or caused impacts, included in the annual standard units, and responding to host Administrative Department criticized, as the plot for those responsible to be held accountable.

    21st of municipal legal Affairs Office of administrative litigation cases are regularly collected and analyzed, and report to the municipal government.

    22nd government administrative requirements included in the annual budget of the Municipal Government of responding, responding to social security administrative departments administrative response to the rational use of funds.

    23rd city engraving "administrative litigation of Shijiazhuang municipal seal", kept by municipal legal Affairs Office, municipal administration in responding.

    Article 24th of the counties (cities), district and municipal people's Government departments in accordance with this approach and the practical, these counties (cities), the implementing rules for the district and the Department of administrative litigation. 25th article of the rules take effect on June 1, 2012. These measures prior to the implementation of the relevant provisions inconsistent with this approach, is subject to this approach.