Implementing Regulations of the Law of the People's Republic of China on Administrative Review
Implementing Regulations of the Law of the People's Republic of China on Administrative Review
Implementing Regulations of the Law of the People's Republic of China on Administrative Review
Order of the State Council [2007] No.499
May 29, 2007
Adopted at the 177th Executive Meeting of the State Council on May 23, 2007, the Implementing Regulations of the Law of the People's Republic of China on Administrative Review are hereby promulgated and shall come into effect as of August 1, 2007.
Premier Wen Jiabao
Appendix: Implementing Regulations of the Law of the People's Republic of China on Administrative Review
Chapter I General Provisions
Article 1 With the goal of further strengthening the role of administrative review in settling administrative disputes, building a government by law and constructing socialist harmonious society, these Regulations are formulated in accordance with the Law of the People's Republic of China on Administrative Review (hereinafter referred to as the Administrative Review Law).
Article 2 Administrative review organs at all levels shall conscientiously perform their duties of administrative review, direct and support offices in charge of legal affairs (hereinafter referred to as administrative review offices) to handle matters related to administrative review in accordance with law, replenish and adjust specific administrative review personnel to ensure that administrative review organs are competent for their tasks.
Article 3 In addition to the duties prescribed in Article 3 of the Administrative Review Law, administrative review offices shall perform the following duties:
1. Forwarding the relevant applications of administrative review in accordance with the provisions of Article 18 of the Administrative Review Law;
2. Handling matters of administrative compensation and other matters prescribed in Article 29 of the Administrative Review Law;
3. Urging the acceptance of the application of administrative review and the implementation of decision of administrative review within their power;
4. Handling administrative review, statistics of administrative cases relating to litigation and matters on filing major administrative review decisions;
5. Handling or organizing the handling of affairs which are directly relating to litigation without administrative review; and
6. Researching problems discovered in administrative review, providing suggestions for improvement to the relevant authorities and reporting major problems to administrative review organs in time.
Article 4 Specific administrative review personnel shall have the morality, conduct, professional knowledge and proficiency commensurate with the duties of administrative review and have obtained the correspondent qualification. The specific measures shall be prescribed by the legal system organ and relevant departments of the State Council jointly.
Chapter II Application of Administrative Review
Section I Applicants
Article 5 Applicants refer to citizens, legal persons or other organizations filing applications for administrative review in accordance with the Administrative Review Law and these Regulations.
Article 6 In the case where a partnership business files an application for administrative review, the applicant shall be the registered enterprise and the partner who operates the business shall participate in the administrative review on behalf of the enterprise. With regard to other partnership organizations, an application for administrative review shall be filed by all the partners jointly.
Where any other organization not covered by the preceding paragraph and having no legal person status files an application for administrative review, the mainly responsible person of the organization shall participate in the administrative review on behalf of the organization. Where there is no such mainly responsible person, another representative recommended by all the members shall participate in the administrative review on behalf of the organization.
Article 7 The shareholders' general meeting, shareholders' congress, and board of directors of a joint-stock enterprise, which consider that the specific administrative acts of an administrative organ infringe on the lawful rights and interests of the enterprise, may file an application for administrative review in the name of the enterprise.
Article 8 Where there are more than 5 applicants of an administrative review case, they shall recommend 1 to 5 representatives to participate in the administrative review.
Article 9 In the course of administrative review, where the administrative review organ considers that any citizen, legal person or another organization other than applicants has an interest in the specific administrative act being reviewed, the organ may notify him/it to participate in the administrative review as a third party.
In the course of administrative review, any citizen, legal person or other organization other than applicants, which has an interest in the specific administrative act being reviewed, may file a request to the administrative review organ for participating in the administrative review as a third party.
In the event that a third party fails to participate in the administrative review, the hearing of the case may not be affected.
Article 10 An applicant or a third party may delegate one to two agents to participate in the administrative review. The applicant or the third party delegating agents shall submit to the administrative review organ a letter of authorization specifying the authorized matters, power and term. Where under any special circumstance, a citizen unable to delegate an agent in writing may delegate authority orally and the administrative review organ shall verify and keep the oral authorization in record. When terminating or modifying an authorization, the applicant or the third party shall submit a written report to the administrative review organ.
Section II Respondents
Article 11 In the event that a citizen, legal person or any other organization refuses to accept a specific administrative act taken by an administrative organ and applies for administrative review in accordance with the Administrative Review Law and these Regulation, the said administrative organ that took the specific administrative act is the respondent of the application.
Article 12 In the event that a specific administrative act is taken jointly by an administrative organ and an organization authorized by law or regulations, the administrative organ and the organization authorized by law or regulations shall be joint respondents.
In the event that a specific administrative act is taken jointly by an administrative organ and any other organization, the administrative organ shall be the respondent.
Article 13 In the event that a specific administrative act is taken by an administrative organ at lower level in accordance with law and administrative rules and regulations and is approved by the higher administrative organ, the approval organ shall be the respondent.
Article 14 In the event that a specific administrative act is taken by a detached organ, internal organ or another organization established by an administrative organ in their own name and without authorization of law or regulations, the administrative organ shall be the respondent.
Section III Time Limit of Application for Administrative Review
Article 15 The time period of application for administrative review prescribed in Paragraph 1, Article 9 of the Administrative Review Law shall be calculated in accordance with the following rules:
1.
......