Harbin Administrative Review Provisions

Original Language Title: 哈尔滨市行政复议规定

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(April 30, 2008 at the Municipal Government of Harbin 24th Executive meeting on May 15, 2008, Harbin municipal people's Government, the 186th announced as of June 15, 2008) Chapter I General provisions article in order to further standardize the administrative reconsideration, administrative reconsideration system in the settlement of administrative disputes, resolving social conflicts, the role of building a Government ruled by law and constructing a harmonious socialist society, according to the People's Republic of China administration reconsideration law
    (Hereinafter referred to as the administrative reconsideration law) and the People's Republic of China regulations for the implementation of the administrative reconsideration law (hereinafter referred to as regulations for the implementation of the administrative reconsideration law) rules, combined with the city's actual, these provisions are formulated.
    Second, administrative reconsideration organs at all levels to handle administrative reconsideration matters governed by these provisions.
    Article, administrative reconsideration organs at various levels, the legal entity (hereinafter referred to as the administrative reconsideration) host the administrative reconsideration matters and perform the administrative reconsideration law and responsibilities under the relevant laws, rules and regulations.
    Fourth municipal people's Government in accordance with the provisions of the Administrative Review Committee approved municipal people's Government of accepting cases of administrative review function.
    Districts and counties (municipalities) people's Government according to the established Administrative Review Committee.
    Director of administrative review committee chaired by the head of the people's Governments at the corresponding level key.
    Administrative Review Committee Office of the people's Governments at the corresponding level legal entity responsible for administrative reconsideration cases investigate hearing, mediation, to draw attention to resolution, the implementation of the Review Committee decided that advice and to guide subordinate administrative reconsideration institutions such as work.
    Fifth administrative review body for administrative reconsideration of the organ should be equipped with transfers, enrichment, and working full-time administrative review personnel that meet the administrative reconsideration.
    Full-time administrative review personnel qualification system.
    Sixth administrative review authority may, based on administrative reconsideration of work demands, access to legal and other experts as consultants of administrative reconsideration.
    Seventh administrative review the outcome of the case as the respondent administrative performance evaluation and accountability based on one of the.
    Chapter II general provisions article eighth citizens, legal persons or other organizations considered that violations of their legitimate rights and interests of a specific administrative act, submitted in accordance with laws, administrative regulations, an application for administrative reconsideration, which belongs to the scope of administrative reconsideration. Nineth article following behavior not belongs to administrative reconsideration accepted range: (a) administrative organ made of administrative sanctions and assessment, and appointment, and dismissed, and avoided, and retired, personnel processing decided and wage welfare treatment, internal behavior; (ii) as specific administrative behavior evidence using of technology identification conclusion; (three) administrative organ and citizens, and corporate or other organization Zhijian of civil disputes; (four) administrative organ made of not has forced force of Guide behavior; (five) police, and National security, organ in accordance with criminal procedure provides implementation of behavior; (six) administrative organ assist implementation Court entered into force judgment or ruled of behavior, but beyond Court entered into force judgment or ruled content of except; (seven) administrative organ implementation policy processing history legacy problem and on petition or complaints problem made of no provides new of right, and obligations of repeat processing behavior; (eight) industry self-discipline organization according to internal self-discipline provides made of processing decided; (nine) legal, and
    Administrative regulations do not belong to the administrative review of the scope of acceptance of other acts.
    Article tenth of citizens, legal persons or other organizations considered that violations of the legitimate rights and interests of a specific administrative act, can know the specific administrative act for administrative reconsideration within 60 days from the date of application; application deadline for more than 60 days unless prescribed by law. Citizens, legal persons or other organizations due to force majeure or other valid reasons to delay application deadline, application deadline continue to run after the obstacle is removed.
    Applicants may apply for administrative reconsideration should delay in the grounds of the application and the evidence presented, whether to approve the administrative reconsideration decision.
    11th the citizens, legal persons or other organizations to the specific administrative acts of the municipal administrative organs at all levels, to submit to the jurisdiction of administrative reconsideration organs an application for administrative reconsideration. Belonging to the districts and counties (cities) or municipal government departments under the people's Governments of the cases, the applicant can also apply to the municipal administrative reconsideration.
    Municipal administrative reconsideration shall from the date of receipt of the application the application for administrative reconsideration within the 5th is transmitted to the administrative reconsideration organs dealt with according to law, and to monitor the processing.
    Accepts forwarded an application for administrative reconsideration of the administrative body for reconsideration shall be handled in accordance with the provisions of administrative reconsideration law of the 17th.
    12th the citizens, legal persons or other organizations to meet the issues of administrative reconsideration is admissible, within the statutory application for administrative reconsideration period to letters and calls departments or administrative enforcement mechanisms, the petition Department or administrative enforcement shall advise the complainant to the relevant administrative body for reconsideration shall apply for administrative reconsideration.
    13th specific administrative acts and a citizen, legal person or other organization has a legal interest, and the citizens, legal persons or other organizations may apply for administrative reconsideration, the citizens, legal persons or other organizations is the applicant.
    Individual industrial and commercial households may apply for administrative reconsideration, to owners of their business license registration for applicants.
    14th a citizen may apply for administrative reconsideration, shall submit to the administrative review body identification; legal persons or other organizations may apply for administrative reconsideration, shall submit to the administrative review body business license or other can prove its legal capacity of related materials, as well as legal representative or responsible person identification. 15th citizens due to restriction of personal freedom and other special reasons for not applying for administrative reconsideration or disease, can be commissioned under the name the citizens apply for administrative review.
    Administrative agencies in the review and reconsideration after accepting an application for administrative reconsideration, was challenged by the applicants, administrative reconsideration institutions should verify with the applicant and interested parties.
    Citizens applying for administrative reconsideration of legal incapacity or restricted legal capacity, his guardian can be to the citizen applying for administrative reconsideration.
    16th a citizen, legal person or other organization to the administrative authority set up a temporary organization or non-permanent bodies and agencies affiliated with the legally established non-specific administrative acts may apply for administrative reconsideration, the establishment of the organization or the administrative organ shall be the respondent.
    17th claimant requests a higher administrative authority ordered the administrative reconsideration organ when it accepted its application for administrative reconsideration, shall submit a written application and state the reasons. A higher administrative authority to order the administrative reconsideration organ when accepting an application for administrative reconsideration, shall be ordered to accept the notice shall be made.
    Administrative body for reconsideration shall from the date of order acceptance notice is received to be admissible and accepted legal instruments submitted to the ordered authorities in the 3rd after accepting.
    18th under any of the following circumstances, the higher administrative authority can accept an application for administrative reconsideration: (I) has ordered the administrative reconsideration organ acceptance, administrative reconsideration organs will not be accepted; (b) the administrative reconsideration organ and the applicant has an interest in the specific administrative act, may affect the impartiality of the review, (iii) the higher administrative authority deems it necessary to directly accept.
    The 19th administrative review responses to be submitted by the applicant shall comprehensively and objectively described the evidence and the basis of a specific administrative act, and indicated that comments on the applicant's request.
    The respondent submitted evidence, including documentary evidence, material evidence and the testimony of a witness, the party statements, conclusions, transcripts, inspection notes, audiovisual material, etc.
    Submitted by applicants based on the specific administrative act on the basis of laws, rules, regulations and other normative documents.
    Other related materials submitted by the applicant, including sources of evidence to prove specific administrative act legality and other evidence about the legality of specific administrative act, the appropriate material.
    20th administrative reconsideration institutions admissibility of evidence should have the authenticity, legitimacy and relevance.
    Respondent in breach of statutory procedures to collect evidence or evidence gathered after the specific administrative act, cannot serve as the basis for legal and appropriate under the specific administrative act.
    Administrative reconsideration institutions in handling administrative review cases in the process of collecting evidence, not as the basis for maintaining a specific administrative act, but it can be revoked, altered, or confirmed illegal specific administrative act in accordance. 21st respondent should be timely and full implementation of the administrative reconsideration decision.
    Were applicants in administrative litigation and administrative reconsideration organs in defence. 22nd article city, and district, and County (City) Government work sector of administrative reconsideration institutions should will this organ made of administrative reconsideration decided book, and administrative reconsideration terminated notice, and not accepted decided book and dismissed administrative reconsideration application notice in legal instruments served Hou of 30th within to this level government administrative reconsideration institutions record; district, and County (City) Government of administrative reconsideration institutions should will this administrative reconsideration organ made of administrative reconsideration decided book, and administrative reconsideration terminated notice, and
    Inadmissibility decisions and dismissed after the service of notice of an application for administrative reconsideration in legal instruments to the municipal administrative reconsideration institutions filed under 30th.
    23rd of municipal, district and County (City), administrative reconsideration institutions shall establish administrative review cases under assessment system and subordinate administrative reconsideration institutions administrative review case assessment on investigation, subordinate administrative reconsideration institutions on a regular basis to inspect and guide the work of administrative reconsideration, administrative reconsideration. 24th administrative body for reconsideration shall apply for administrative reconsideration matters shall not charge any fee to the applicant and the third party.
    Requirements for administrative reconsideration level added to the budget for the financial year, be guaranteed by the governmental finance.
    25th case of administrative reconsideration materials should be in accordance with the relevant provisions of archive management archives.
    Article 26th Agency staff in the reception of administrative reconsideration of administrative review the applicant or in the course of processing an application for administrative reconsideration, major problems such as findings may affect social stability, shall promptly report to the higher authorities or the relevant authorities. Third chapter administrative reconsideration program first section General program 27th article administrative reconsideration institutions should since received administrative reconsideration applications of day up 5th within, on administrative reconsideration application for review, meet following conditions of should accepted: (a) applicants has application administrative reconsideration of qualification; (ii) has clear of was applicants and specific administrative behavior; (three) has specific of administrative reconsideration requests and reason; (four) application matters belongs to administrative reconsideration accepted range; (five) administrative reconsideration application in statutory term within proposed; (six)
    Belonging to the jurisdiction of the administrative reconsideration; (VII) other competent administrative organs or a people's Court has yet to accept.
    28th administrative organ specific administrative acts, not to concerned citizens, legal persons or other organizations of related legal instruments, applicants will be able to confirm that the specific administrative act does exist and applications conform to the law of administrative reconsideration, administrative reconsideration shall be accepted.
    29th a citizen, legal person or any other organization to submit an application for administrative reconsideration later added requests for administrative reconsideration, administrative reconsideration shall be handled in accordance with the administrative reconsideration law of 23rd.
    Administrative reconsideration cases prescribed in the preceding paragraph apply for administrative reconsideration period counted from the date of receipt of new application for administrative reconsideration.
    30th administrative body for reconsideration shall, in accordance with the administrative reconsideration law article 21st decided to stop execution of specific administrative acts, shall draw up a notice of suspension, and served on the applicant, inform the applicant and the third party in the 3rd. 31st article has following case one of of, administrative reconsideration institutions can terminated administrative reconsideration: (a) applicants requirements withdrawn administrative reconsideration application, administrative reconsideration institutions granted withdrawn of; (ii) as applicants of natural people death, no near relatives or its near relatives gave up administrative reconsideration right of; (three) as applicants of corporate or other organization terminated, its right obligations of bear people gave up administrative reconsideration right of; (four) applicants and was applicants in accordance with administrative reconsideration method implementation Ordinance 40th article of provides,
    By administrative reconsideration institutions allowed reached reconciliation of; (five) applicants on administrative detention or limit liberty of administrative forced measures refuses to application administrative reconsideration Hou, for applicants same violations suspected crime, the administrative detention or limit liberty of administrative forced measures change for detention of; (six) was applicants specific administrative behavior yet implementation, and on applicants, and third people of lawful rights and interests of no caused damage, was applicants itself revoked specific administrative behavior, applicants not withdrawn administrative reconsideration application of;
    (VII) the applicant fails to perform the statutory duties of the applicant after applying for administrative reconsideration, administrative reconsideration period to perform the statutory duties of the applicant and did not cause damages to the applicant, the applicant does not withdraw an application for administrative reconsideration; (VIII) applying for administrative reconsideration matters preconditions prescribed by laws and regulations, the applicant fails to perform the obligations of the predecessor.
    Termination of administrative reconsideration shall make a notice of termination of administrative reconsideration, and served on the applicant, the respondent and the third party. 32nd applicants to specific administrative acts of the respondent was changed, he may know after change of specific administrative actions within 60 days from the date of submitting the application for reconsideration.
    Administrative review case processing time limit receipt of the new date on which the application for administrative review.
    33rd no administrative review Committee of administrative reconsideration organs, administrative reconsideration body should be collegial group of administrative reconsideration, administrative reconsideration cases for trial. Article 34th administrative review personnel or administrative reconsideration of the collegiate Panel should be the applicant specific administrative act legality and appropriateness review and drafting of administrative reconsideration decision or any other administrative review of legal instruments. Grave and complex cases of administrative review or influence shall submit a written review. If necessary, you can consult expert advice.
    Highly specialized issues can be identified. 35th review of administrative reconsideration or administrative reconsideration decision, issued by the head of this authority shall be in accordance with the procedure approved.
    Head of the administrative body for reconsideration deems it necessary, can convene meetings or Executive meeting to discuss the decision.
    36th article has following case one of of, administrative reconsideration organ can confirmed specific administrative behavior illegal: (a) was applicants illegal implementation specific administrative behavior caused damage consequences, cannot recovery undisturbed of; (ii) was applicants not law perform statutory duties, ordered perform has no actual meaning of; (three) specific administrative behavior illegal, but decided revoked the specific administrative behavior has no actual meaning, or may will on public interests caused major damage of.
    37th of administrative reconsideration organs identified the specific administrative act's violation of legal procedures, decision be revoked and ordered to return to a specific administrative act, the respondent conducted a specific administrative act without the limitation of the administrative reconsideration law of 28th article. Article 38th general procedures apply to the inadmissibility decisions, administrative reconsideration decision, suspension notices should be issued by the head of administrative reconsideration organs for approval, stamped with the seal of the administrative body for reconsideration.
    Other legal instruments issued by the heads of administrative reconsideration of administrative reconsideration, stamped with the seal of the Special seal for administrative reconsideration or administrative reconsideration.
    39th in the course of administrative reconsideration organs in handling cases of administrative review, you can be mediation raised matters relating to executive compensation, compensation agreements, administrative reconsideration shall be made of mediation; compensation agreement is reached, the administrative reconsideration organ shall make a decision of administrative reconsideration.
    40th section II hearing procedure of administrative reconsideration institutions in handling administrative reconsideration cases, should fully heed the views of the parties may be convened with the participation of parties to the case investigation hearing of administrative review cases, cross-examination, verification of the relevant evidence, evidence, hearing the views of interested parties.
    41st to the applicant, the third party can come to investigate cases of administrative review hearing may appoint 1 or 2 agents; applicants should attend the hearing shall not be refused to attend for any reason or refuse to provide information on the situation.
    Administrative reconsideration bodies may notify or invite other relevant organizations or individuals to participate in the hearing, to hear their views.
    The administrative reconsideration organ for Administrative Review Committee established, major complex and contentious cases, Administrative Review Committee members were able to participate in the inquiry. 42nd article administrative reconsideration case survey hearing according to following provides for: (a) administrative reconsideration institutions should in hearing held 3rd Qian will hearing held of time, and locations notification hearing participate in people; (ii) hearing by administrative reconsideration institutions head or its specified of administrative reconsideration personnel presided over; (three) held hearing Shi, applicants read administrative reconsideration application, was applicants should on its made of specific administrative behavior by according to of facts and according to for replies, on about facts for proof,
    On cross-examination by the parties; (d) the hearing shall make a record of hearing and hearing the parties confirm and sign or seal.
    Hearing record can be used as evidence in cases of administrative reconsideration. Third section simple program 43rd article was application reconsideration of specific administrative behavior has following case one of, and by preliminary review facts clear, and plot simple of, administrative reconsideration organ can applies simple program for trial: (a) on citizens sentenced warning, and temporarily buckle license or license, and 5000 Yuan following fine or confiscated illegal proceeds, and confiscated illegal property amount in 5000 Yuan following punishment of; (ii) on corporate or other organization sentenced temporarily buckle license or license, and 50,000 yuan following fine or confiscated illegal proceeds, and confiscated illegal property amount in 50,000 yuan following punishment of; (three) on citizens property take seized, and seized, and freeze, administrative forced measures, amount in 10,000 yuan following of; (four) on corporate or other organization property take seized, and seized, and freeze, administrative forced measures, amount in 100,000 yuan following of; (five) on citizens Zhijian dispute area in 50 square meters following, and on citizens and corporate or other organization Zhijian dispute area in 100 square meters following, and
    On corporate or other organization Zhijian dispute area in 500 square meters following of land, and woodland, and Prairie, natural resources ownership dispute for processing of; (six) think administrative organ illegal requirements perform obligations of; (seven) requests administrative organ perform statutory duties, administrative organ not law perform of; (eight) on legal, and administrative regulations provides need administrative reconsideration organ in 30th within made administrative reconsideration decided of; (nine) other facts clear, plot simple of specific administrative behavior.
    44th case of administrative reconsideration of summary proceedings, shall be approved by the heads of administrative reconsideration institutions, 1 administrative review officers assigned to hear, 1 administrative review officers assist in the trial.
    Need to be collegial and investigation of cases, administrative reconsideration institutions can form a collegial panel of administrative reconsideration hearing.
    Article 45th applicant shall on receipt of the administrative body for reconsideration of summary proceedings within 7th case before filing notification in reply.
    Article 46th summary proceedings of administrative reconsideration decision administrative reconsideration or other legal instruments issued by the heads of administrative reconsideration institutions approval, administrative reconsideration decision stamped with the seal of the administrative body for reconsideration, other legal instruments stamped with the administrative reconsideration dedicated chapter or administrative reconsideration body seals. 47th article of summary proceedings before the administrative review cases, administrative reconsideration institutions shall receive the 30th, the date of application for administrative reconsideration within.
    Need an extension trial, approved by the heads of administrative reconsideration institutions, 10th may be postponed.
    48th handling summary process cases in the process, found that the circumstances of the case are complex, difficult, staff should be proposed to the general procedures of administrative reconsideration, administrative review bodies for approval.
    Vetting 49th the fourth section in accordance with the administrative review cases before the Administrative Review Committee forms, this section shall apply to the negative vetting procedure.
    50th administrative review committee appointed by the the people's Governments at the corresponding level, experts, academics, and other professionals, including members other than the people's Governments at the corresponding level should be accounted for more than half of all of its members.
    The reconsideration Committee decided that the people's Governments at the corresponding level of Government accepted administrative review decisions of administrative reconsideration cases, but except for the summary proceedings.
    51st the administrative reconsideration organ to hear cases of administrative review, administrative reconsideration decisions need to be made, Office of Administrative Review Committee should be formed investigation report and investigation reports and related materials on Administrative Review Board cases resolved Conference sent the case resolved before the 3rd member.
    52nd Commission on administrative reconsideration cases that, with effect from 3 to 9 members to participate in the meeting, as the number of members in the singular, which should account for more than half of the members other than the people's Governments at the corresponding level.
    53rd administrative review officers should be to bring cases to seek administrative review committee report on investigations into cases resolved, members were able to ask the relevant circumstances of the case, the evidence concerning the case studies and legal issues, in accordance with the majority principle, by vote to form the administrative reconsideration by a resolution of the case.
    54th Commission on administrative reconsideration cases resolved Conference about determined newspaper issued by the Director of the Commission, take a decision by the people's Governments at the corresponding level. 55th administrative review officer considers the administrative reconsideration cases need to be resolved by the Commission, entrusted the Office of Administrative Review Committee should be organized separately cases to seek meetings with not less than 9 members, or held by more than two-thirds members to participate in meetings of the Committee, in accordance with the principle of majority, resolved by vote.
    The newly approved administrative reconsideration decision magazine administrative review Commission check.
    Administrative reconsideration renewed discussion of the opinion of the Committee is determined to see the need to revisit the decision, shall be submitted to the Executive meeting of the the people's Governments at the corresponding level of collective research decisions.
    The fourth chapter legal liability article 56th illegal specific administrative act or seriously affect the implementation of the administrative reconsideration system, in accordance with the relevant provisions of accountability.
    57th for failure to timely administrative review pursuant to the provisions of legal instruments submitted for the record, its units and persons giving notice of criticism.
    Article 58th of impeding the administrative reconsideration institutions and their staff investigation and evidence collection, check out the materials and effects of administrative review cases, directly in charge of personnel and other persons directly responsible shall be given administrative sanctions of warning, demerit, demerit.
    Fifth chapter supplementary articles article 59th, during a period of administrative reconsideration matters, are based on legal facts from the day following the date of occurrence calculations.
    3rd, 5th and 7th in these rules refers to working days. During the last day is a statutory holiday, extended by law.
    Period does not include transit time.
    60th administrative reconsideration service of legal instruments include direct service, Lien service, mail delivery, service and commissioned delivery and so on.
    61st Commission on administrative reconsideration of specific working procedures and relevant work by the people's Governments at the corresponding level in accordance with the regulations. The 62nd article of the regulations come into force on June 15, 2008.
                                                                                              On January 4, 2005, issued by the municipal people's Government abrogated of the administrative review provisions in Harbin.

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