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(Adopted by the 24th ordinary meeting of the Government of the Hasahama on 30 April 2008, No. 186 of 15 May 2008 by the People's Government Order No. 186 of 15 June 2008) Chapter I General In order to further regulate the administrative review process, the role of the administrative review system in resolving administrative disputes, destabilizing societies, building the rule of law and building a socialist harmonious society is governed by the provisions of the National People's Republic of China Administrative Review Act (hereinafter referred to as the Administrative Review Act) and the National People's Republic of China Administrative Review Act (hereinafter referred to as the executive review law enforcement regulations) in conjunction with the actual provisions of this city. Article 2 Article 3 Article 4 The Government of the People of Regions, Districts (markets) may establish an administrative review committee based on the facts. The Director of the Administrative Review Committee is headed by the principal head of the Government. The Office of the Administrative Review Committee is based in the Government's rule of law body responsible for specific work such as the conduct of administrative review hearings, the organization of mediation, the facilitation of the deliberations, the follow-up to the decisions of the Administrative Review Committee and guidance to the next executive review body. Article 5 The full-time executive reviewer has a system of qualifications. Article 6. The executive review body may hire legal and other experts to serve as an administrative review advisory adviser in accordance with the needs of administrative review. Article 7. Chapter II General provisions Article 8. Civil, legal or other organizations consider that specific administrative acts violate their legitimate rights and interests, and apply for administrative review under the provisions of the law, administrative regulations are subject to administrative review. The following acts of article 9 are not covered by administrative review: (i) In-house behaviours such as administrative disposal and examination, dismissal, evading, retirement, etc., and wage benefits; (ii) Technical findings used as evidence of specific administrative conduct; (iii) Civil disputes between executive organs and citizens, legal persons or other organizations; (iv) Non-mandatory guidance by administrative organs; (v) Conduct carried out by organs such as public security, national security, in accordance with the provisions of the Code of Criminal Procedure; (vi) The executive branch assists in the enforcement of the judgement or decision of the People's Court, except in cases where the people's courts enter into the judgement or determine the content; (vii) Execution of policies to deal with historical legacy issues and the absence of new rights, obligations and reprocessing of complaints; (viii) Business self-regulatory decisions taken in accordance with internal self-regulation; (ix) Laws, administrative regulations provide for other acts that fall outside the scope of administrative review. Article 10 Civil, legal or other organizations consider that specific administrative acts violate their legitimate rights and interests, may submit an application for administrative review within 60 days of the date on which the specific administrative act is known; however, the application period provided for by law exceeds 60 days. Citizens, legal persons or other organizations continue to calculate the period of application after the removal of the obstacles. In applying for administrative review, the applicant shall make the grounds and evidence for a delay request and shall be granted by an administrative review body. Article 11. Specific administrative acts by citizens, legal persons or other organizations at all levels of the city may submit administrative review requests to the competent administrative review body. In cases that fall under the jurisdiction of the commune, district (commune) people's Government or the municipal government, the applicant may also submit a request to the commune administrative review body. The Government of the city's executive review body shall transmit the application for administrative review to the relevant executive review bodies, within 5 days of the date of receipt of the request, and shall oversee the processing. The executive review body that accepts the application for administrative review shall be governed by article 17 of the administrative review. Article 12. Civil, legal or other organizations shall inform the applicant, in accordance with the rules of law, of the application to the relevant administrative review bodies for administrative review of matters that are in compliance with the administrative review conditions. Article 13 Specific administrative acts have legal stakes with citizens, legal persons or other organizations, and the citizen, legal persons or other organizations apply for administrative review. Individual business and businessmen apply for administrative review to be registered by their owners of their business licenses. Article 14. Civil applications for administrative review shall be submitted to the executive review body for identification certificates; legal or other organizations shall apply for administrative review and shall submit to the administrative review body relevant material or other material that can demonstrate their legal qualifications, as well as legal representation or identity certificates. Article 15 citizens may be entrusted with applying for administrative review in the name of the citizen for special reasons such as restrictions on the liberty of the person or illness. After reviewing and receiving administrative review requests, the executive review body was challenged by the applicant and the administrative review body should verify the applicant and the parties concerned. Citizens who apply for administrative review may apply for administrative review in the name of the citizen if they have no civil capacity to conduct or limit their civil behaviour. Article 16 makes specific administrative actions by citizens, legal persons or other organizations for temporary organizations or non-permanent bodies established by the executive organs, as well as those established by law, without application for administrative review, and the establishment of administrative organs of the organization or body is an applicant. Article 17 The applicant shall submit a written application and justification when the application for administrative review by a superior administrative authority is required by law. In cases where the executive review body is responsible for the administrative review of the application for administrative review, the notice of the order shall be produced. The executive review body shall be admissible on the date of receipt of the notice of the order and shall send the legal instrument to the responsible organ within three days of the receipt. In one of the following cases, the executive branch may directly receive requests for administrative review: (i) The administrative review body has been responsible for the receipt of the administrative review body and the administrative review body remains inadmissible; (ii) The relationship between the executive review body and the specific administrative acts of the applicant may affect a fair review; (iii) In the opinion of the superior administrative body, there is a need for direct acceptance. Article 19 The administrative review response submitted by the applicant shall provide a comprehensive and objective description of the evidence and the basis for specific administrative acts, and shall indicate the views of the applicant's request. The evidence submitted by the applicant includes documentary evidence, material evidence, witness statements, party statements, identification findings, survey certificates, on-site inspection notes, audio-visual material. The basis presented by the applicant includes the laws, regulations, regulations and other normative documents that are based on the specific administrative conduct. Other relevant material submitted by the applicant included proof of whether the source of evidence of specific administrative conduct was lawful and other material that was valid and appropriate for that specific administrative act. The evidence obtained by the administrative review body should be authentic, legitimate and relevant. The evidence collected by the applicant in violation of the statutory procedures or the evidence collected after the specific administrative conduct is made cannot be lawful and appropriate based on the determination of specific administrative acts. Evidence collected by administrative review bodies in the course of administrative review cases cannot be used as a basis for the maintenance of specific administrative acts, but can be used as a basis for the withdrawal, change or recognition of the violation of specific administrative acts. Article 21, the applicant shall implement the administrative review in a timely and comprehensive manner. The applicant shall not be contested by the executive review body in administrative proceedings. In accordance with article 22, the executive review body of the work of the Government of the city, district, district and district (market) shall make the administrative review of the decisions taken by this organ, the letter of termination of the administrative review, the letter of inadmissibility, the letter of approval of the application for administrative review to the Government of the people at this level within 30 days of the date of the legal instrument; the executive review body of the population of the district, district (community) shall submit the administrative review letter of the administrative review, the letter of termination, the decision of the executive review and the request to the public review body for review. The executive review body of the Government of the communes, districts and districts (markets) should establish an administrative review of the case review system, review the administrative review cases conducted by the lower administrative review body, provide regular guidance on the administrative review of the executive review of the lower executive review body and regulate administrative review. Article 24 governs administrative review matters without charge to the applicant and the third. The requirements for administrative review are included in the budget for the current fiscal year and are guaranteed by the current level of finance. Article 25 Administrative review case material should be archived in accordance with the relevant provisions of the archives management. Article 26 Staff of the Administrative Review Body, in the process of receiving administrative review applicants or processing of administrative review requests, found important issues, such as social stability, and should be reported in a timely manner on the treatment of senior organs or relevant bodies. Chapter III Administrative review process Section I General procedures Article 27 shall review the application for administrative review within five days from the date of receipt of the application for administrative review, in accordance with the following conditions: (i) The applicant shall be eligible for administrative review; (ii) A clear applicant and a specific administrative act; (iii) Specific administrative review requests and justifications; (iv) The extent to which the application is admissible; (v) Applications for administrative review within the statutory period; (vi) fall within the jurisdiction of the executive review of the body; (vii) Other competent administrative bodies or the People's Court have not yet been admissible. Article 28 provides for specific administrative actions by the executive branch and has not been sent to the relevant civil, legal or other organizations to the legal instruments, which the applicant can confirm the existence of the specific administrative act and that the application for administrative review is in compliance with the law, and the administrative review body shall be admissible. Article 29 states that citizens, legal persons or other organizations shall also increase requests for administrative review, and that the executive review body shall proceed in accordance with article 23 of the Administrative Review Act. The administrative review cases referred to in the previous paragraph are due from the date of receipt by the administrative review body of new administrative review requests. Article 31, in accordance with article 21 of the Administrative Review Act, decides that specific administrative acts shall cease to be carried out, shall produce a letter of cessation, transmit to the applicant and inform the applicant and third persons within three days. In one of the following cases, the executive review body may terminate administrative review: (i) The applicant's request for the withdrawal of an administrative review request and the administrative review body granted the withdrawal; (ii) The death of a natural person acting as the applicant, with no close relatives or close relatives abandoning the right to administrative review; (iii) The end of the applicant's legal personality or other organizations, whose rights obligations are owed by the occupants to the right to administrative review; (iv) The applicant and the applicant, in accordance with article 40 of the administrative review law, shall grant reconciliation by the administrative review body; (v) The applicant's application for administrative detention or administrative coercive measures restricting the liberty of the person is not subject to administrative review and, for the same offence, the administrative detention or modification of administrative coercive measures restricting the liberty of the person is criminally detained; (vi) The applicant's specific administrative acts have not been carried out and the legal rights and interests of the applicant, the third party have not been compromised, and the applicant has removed specific administrative acts on his own behalf and the applicant has not withdrawn the application for administrative review; (vii) After the applicant's application for administrative review of the applicant's non-performance of the statutory duties, the applicant has discharged its statutory functions under the law during the administrative review and has not caused damage to the applicant's legitimate rights and interests, and the applicant has not withdrawn the application for administrative review; (viii) The administrative reconsideration of the application has legal, regulatory and pre-existing conditions, and the applicant has not complied with his prior obligations. The end of the administrative review shall result in the production of a letter of termination for administrative review to be sent to the applicant, the applicant and the third. The applicant's application for administrative review may be submitted within 60 days of the date of knowledge of the specific administrative conduct after the change of the applicant. The duration of administrative review cases has been calculated from the date of receipt of the new administrative review application. Article 33 does not establish an administrative review committee, and the executive review body should form the administrative review team to hear administrative review cases. Article 34, Administrative Reviewers or Administrative Review Groups should review the legitimacy and appropriateness of the specific administrative acts of the applicant and draft administrative review decisions or other legislative instruments. A written review of cases of significant complexity or impact on larger administrative review should be presented. Experts may be consulted if necessary. There are more professional matters that can be identified. Article XV Review opinions or administrative review decisions shall be issued in accordance with the approval of the executive heads of the proceedings. The head of the executive review body considers it necessary to convene office meetings or meetings to discuss decisions. In one of the following cases, the executive review body may confirm the violation of specific administrative acts: (i) The consequences of the commission of specific administrative acts by the applicant in violation of the law cannot be restored; (ii) The applicant's failure to carry out his statutory duties under the law and the duty has no practical meaning; (iii) Specific administrative acts are in violation of the law, but the decision to withdraw that specific administrative act has no practical meaning or may cause significant damage to the public interest. Article 37 determines that specific administrative acts are in violation of the statutory procedures, determines that they have been withdrawn and that specific administrative acts have been redirected by the applicant without the limitation of article 28, paragraph 2, of the Administrative Review Act. Article 338 shall apply to the inadmissible decision of the general process, the letter of administrative review and the letter of cessation shall be issued by the executive review body, plus the executive review body. Other legal instruments for administrative review were issued by the heads of the executive review body, with the executive review body a special chapter or a chapter of the executive review body. In the course of the administrative review case, the executive review body may, in conjunction with the administrative compensation agreement, make an administrative review conciliation; and the administrative review decision should be taken in accordance with the law. Section II Article 40. The administrative review body should fully hear the views of the parties and may hold administrative review hearings with the parties involved in the case of a case, to hear the views of the parties on the basis of evidence, evidence, verification. Article 40. The applicant and the third person may be personally involved in the administrative review case investigation hearings, or may entrust one to two agents; the applicant shall participate in the hearings without refusing to attend or deny information on any grounds. The executive review body may communicate or invite other relevant units or individuals to participate in the hearings. The administrative review body of the Administrative Review Committee was established, with the participation of the members of the Committee on Administrative Review in the investigation hearings for major complex and controversial cases. Article 42 (i) The executive review body shall notify the participants of the time and place of the hearings by three times prior to the hearings; (ii) The hearings are chaired by the heads of the executive review body or by their designated administrative reviewers; (iii) At the time of the hearings, the applicant read out the application for administrative review and the applicant should respond to the facts and the basis of the specific administrative conduct that was made and the fact that the parties could provide evidence on the ground; (iv) The hearings should produce hearings, which are confirmed by the parties without delay or by the name. The hearings can serve as evidence of the administrative review cases. Section III Summary process Article 43 refers to one of the specific administrative acts that have been requested for review, which is clear and simple in the light of the facts of the preliminary review, and the executive review body may apply a summary procedure for the conduct of the proceedings: (i) The punishment of citizens for war crimes, suspension of licences or licences, fines of up to 5,000 dollars or forfeiture of proceeds of violations and forfeiture of the proceeds of illicit property; (ii) A person or other organization shall be punished by a licence or licence, a fine of up to 50,000 dollars or forfeiture of proceeds of an offence and forfeiture of the proceeds of the unlawful property; (iii) Execution of administrative coercive measures, such as seizures, freezing of civil property, with the amount of less than 1 million dollars; (iv) Administrative coercive measures such as seizures, seizures, freezing of property of legal persons or other organizations, amounting to less than 10,000 dollars; (v) The disputed area between citizens is between 50 square meters, the disputed area between citizens and legal persons or other organizations, which is less than 100 square meters, the disputed area between legal persons or other organizations in 500 square meters of land, forested land, grassland, etc. (vi) Consider that the administrative organs are in breach of their obligations; (vii) To request the executive branch to perform its statutory duties and that the administrative organs are not carried out by law; (viii) The provision of legal, administrative and legislative provisions requires administrative review decisions within 30 days by the executive review body; (ix) Other facts make it clear that the circumstances are simple and specific administrative acts. Article 44 applies a summary procedure for administrative review cases, which shall be approved by the head of the executive review body, assign one administrative reviewer and one administrative reviewer to assist in the proceedings. In cases where there is a need for consultation and investigation, the executive review body could form the administrative review group. Article 42 shall be heard by the applicant within 7 days of the receipt of a notice of the application of the summary procedure to the administrative review body. Article 46 of the executive review decision or other legal instruments for administrative review, which is to be applied by the executive review body, is issued by the executive review body of the executive review body of the executive branch of the executive review and by the executive review body, and other legal instruments are added to the executive summary chapter or chapter of the executive review body. Article 47 applies to administrative review cases before a summary procedure, and the administrative review body shall be closed within 30 days of receipt of an application for administrative review. The trial needs to be postponed and, with the approval of the executive review body, 10 days may be extended. In the course of the proceedings of the application of the summary procedure, article 48 found that the case was more complex and difficult and that the administrative review staff should make proposals for conversion to the general process, with the approval of the executive review body heads. Chapter IV Decisions process Article 49, in accordance with the format of the administrative review committee, applies the present summary procedure. Article 50 of the Administrative Review Committee consists of experts, scholars and other professionals employed by the Government of the people at this level, which should represent more than half of all members of the Commission. The Executive Review Committee decided on the administrative review of the cases before the Government of the People's Government of the need for a decision on administrative review, with the exception of the application of the summary procedure. Article 50 of the Administrative Review Body's administrative review of the cases before it requires administrative review decisions, and the Office of the Administrative Review Committee should form a case survey report and send the investigation reports and related materials to the members of the Committee at the 3rd meeting of the Committee on Administrative Review. Article 52, the Executive Review Committee's case review meeting was attended by three to nine members, with the number of members representing more than half of the members other than the Government. Article 53 Investigators should report cases to the Administrative Review Committee's Case Review Meeting, which may enquire cases and examine the evidence and legal issues involved in the case, and form a summary of administrative review cases in accordance with the principle of a few deferences. The Director of the Committee for Review of the Case of the Administrative Review Committee was issued by article 54, which was decided by the Government. Article 55, the Director of the Committee on Administrative Review, in the opinion of the Director of the Committee on Administrative Review that administrative review cases require a reconsideration, shall be tasked with organizing separate meetings of the Administrative Review Committee on the adjudication of cases that are not less than 9 members, or to convene meetings of a two-thirds commission, with the participation of more than two members, with a view to voting in accordance with the principle of a small majority. The Director of the Committee for Administrative Review was tried by a re-reviewed administrative decision. In the opinion of the Director of the Committee on Administrative Review, the reconsideration needs to be examined once again, and the decision should be submitted to the Standing Committee of the People's Government at this level. Chapter IV Legal responsibility Article 56 violates the application of specific administrative acts or severely affects the implementation of the administrative review system, and is held accountable in accordance with the relevant provisions. Article 57 criticized its units and direct responsibilities for failure to submit the administrative review legal instruments in a timely manner, as provided for in the provisions. Article 58 prevents administrative review bodies and their staff from investigating evidence, obtaining relevant materials to influence administrative review cases, and gives a warning, record-keeping and excessive administrative disposition to the competent and other direct responsible personnel directly responsible. Chapter V Article 59 deadlines for the conduct of administrative review matters are calculated at the end of the date on which the facts arise. These provisions refer to the working day, on 3, 5 and 7 days. The last day of the period was the statutory holiday, which was extended by law. During the period, the time was not included. Article 61. The manner in which the legal instruments of administrative review are sent includes direct delivery, retention, mailing, issuance and commissioning. Article 61 Specific working procedures of the Administrative Review Committee and related work systems are established by the Government of the people at this level in accordance with this provision. Article 62 The Administrative Review of the city of Halkohama, issued by the Government of the people on 4 January 2005, was also repealed. |
