The Ministry of Justice (MOJ) has recently released the Implementation Regulations for the Law of the People's Republic of China on Administrative Reconsideration (Revision Draft for Comment) (the "Draft") for public feedback until September 3.
Compared with the previous version, the Draft has expanded to eight chapters and 86 articles. The main revisions include: 1. Further specifying certain requirements set out in the "General Provisions" of the Law of the People's Republic of China on Administrative Reconsideration (Revised in 2023); 2. Refining provisions related to the filing of administrative reconsideration applications; 3. Standardizing procedures for the handling of administrative reconsideration cases; and 4. Improving the mechanisms for the guidance and supervision of administrative reconsideration. The Draft also further clarifies the scope of administrative reconsideration, enumerating the types of administrative acts and administrative agreements that fall within its scope, as well as providing an itemized list of exclusions. In addition, it provides more detailed rules concerning applicants, respondents, third parties, representatives, and agents based on different scenarios encountered in practice.