Law of the People's Republic of China on Administrative Reconsideration (Revised in 2023)
Law of the People's Republic of China on Administrative Reconsideration (Revised in 2023)
Law of the People's Republic of China on Administrative Reconsideration (Revised in 2023)
Order of the President of the People's Republic of China No. 9
September 1, 2023
The Law of the People's Republic of China on Administrative Reconsideration, revised and adopted at the 5th Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on September 1, 2023, is hereby promulgated, and shall come into effect on January 1, 2024.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Administrative Reconsideration (Revised in 2023)
(Adopted at the 9th Session of the Standing Committee of the 9th National People's Congress on April 29, 1999; amended for the first time based on the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws which was adopted at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017; and amended at the 5th Session of the Standing Committee of the 14th National People's Congress on September 1, 2023)
Contents
Chapter I General Provisions
Chapter II Application for Administrative Reconsideration
Section 1 Scope of Administrative Reconsideration
Section 2 Participants in Administrative Reconsideration
Section 3 Filing of Applications
Section 4 Jurisdiction over Administrative Reconsideration
Chapter III Acceptance of Administrative Reconsideration
Chapter IV Adjudication of Administrative Reconsideration
Section 1 General Rules
Section 2 Evidence of Administrative Reconsideration
Section 3 Ordinary Procedure
Section 4 Summary Procedure
Section 5 Incidental Review of Administrative Reconsideration
Chapter V Decisions on Administrative Reconsideration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purpose of preventing and setting right illegal or inappropriate specific administrative acts, protecting the lawful rights and interests of citizens, legal persons and other organizations, ensuring and supervising the performance of functions and powers by administrative organs' according to the law, giving full play to the role of administrative reconsideration as the main channel for resolving administrative disputes, and promoting the construction of a law-based government.
Article 2 This Law shall be applicable to cases where citizens, legal persons, or other organizations apply to administrative organs for administrative reconsideration when they consider that certain specific administrative acts infringe upon their lawful rights or interests, and where administrative organs accept the applications and make decisions after administrative reconsideration.
The administrative acts mentioned in the preceding paragraph include the administrative acts of organizations authorized by laws, regulations, and rules.
Article 3 Administrative reconsideration work shall adhere to the leadership of the Communist Party of China.
Administrative reconsideration organs, in the execution of their administrative reconsideration duties, shall adhere to the principles of legality, impartiality, openness, efficiency, accessibility, and people-centered service, and consistently focus on rectifying errors and ensuring the correct implementation of laws and regulations.
Article 4 People's governments at or above the county level and other administrative organs that perform administrative reconsideration duties in accordance with this Law are administrative reconsideration organs.
The institutions in administrative reconsideration organs which handle the matters of administrative reconsideration are administrative reconsideration institutions. Administrative reconsideration institutions shall concurrently organize the handling of the administrative response matters of administrative reconsideration organs.
Administrative reconsideration organs shall strengthen their efforts in regard to administrative reconsideration, providing support and ensuring that the administrative reconsideration institutions perform their duties in accordance with the law. Higher-level administrative reconsideration institutions shall provide guidance and supervision for the administrative reconsideration efforts of lower-level administrative reconsideration institutions.
The administrative reconsideration institution of the State Council may issue guiding cases of administrative reconsideration.
Article 5 Administrative reconsideration organs may, when handling administrative reconsideration cases, conduct mediation.
Mediation shall be conducted in accordance with the principles of legitimacy and free will, without damaging the national interests, public interests or legitimate rights and interests of others, or violating the compulsory provisions of laws or regulations.
Article 6 The state shall establish a specialized and professional contingent of administrative reconsideration personnel.
Any officer of an administrative reconsideration institution who carries out administrative reconsideration work for the first time shall pass the national unified legal professional qualification examination, obtain the legal professional qualification, and receive unified pre-service training.
The administrative reconsideration institution of the State Council shall, in conjunction with relevant authorities, formulate work rules for administrative reconsideration personnel, and strengthen the professional assessment and management of administrative reconsideration personnel.
Article 7 Administrative reconsideration organs shall ensure that the staffing of the administrative reconsideration institutions is commensurate with the work tasks undertaken, improve the professional competence of administrative reconsideration personnel, and provide the necessary facilities such as case-handling workspace and equipment based on the needs of work. People’s governments at or above the county level shall include the funds for administrative reconsideration work in their budgets.
Article 8 Administrative reconsideration organs shall strengthen informatization construction and use modern information technology to facilitate citizens, legal persons, or other organizations to apply for and participate in administrative reconsideration and to improve work quality and efficiency.
Article 9 Entities and individuals that have made notable achievements in administrative reconsideration work shall be commended and rewarded in accordance with the relevant provisions of the state.
Article 10 If any citizen, legal person, or any other organization is dissatisfied with an administrative reconsideration decision, they may, in accordance with the provisions of the Administrative Litigation Law of the People's Republic of China, institute administrative litigation in a people's court, except where the law stipulates that the administrative decision shall be the final adjudication.
Chapter II Application for Administrative Reconsideration
Section 1 Scope of Administrative Reconsideration
Article 11 Any citizen, legal person, or other organization may apply for administrative reconsideration in accordance with this Law if they:
(1) are dissatisfied with an administrative penalty decision made by an administrative organ;
(2) are dissatisfied with a decision on any compulsory administrative measure or compulsory administrative enforcement made by an administrative organ;
(3) apply for an administrative license, and the administrative organ rejects the application or fails to respond within the statutory period, or are dissatisfied with other decisions on administrative licensing made by an administrative organ;
(4) are dissatisfied with a decision confirming the ownership of or the right to use natural resources made by an administrative organ;
(5) are dissatisfied with a decision on expropriation or requisition or a related decision on compensation made by an administrative organ;
(6) are dissatisfied with a decision to pay compensation or a decision not to pay compensation made by an administrative organ;
(7) are dissatisfied with a decision made by an administrative organ of not accepting the application for recognition of work-related injuries or its conclusion of recognition of work-related injuries;
(8) consider that an administrative organ has infringed upon the autonomy in business operation, conventional usufruct on rural land for agricultural operations, or a rural land operating right;
(9) consider that an administrative organ has abused its administrative power to eliminate or restrict competition;
(10) consider that an administrative organ has unlawfully raised funds or apportioned expenses or unlawfully required performance of other obligations;
(11) consider that an administrative organ refuses to perform, or fails to perform in accordance with the law, as requested, its statutory duties to protect personal rights, property rights, the right to education, and other lawful rights and interests, or does not give a response;
(12) consider that an administrative organ fails to pay under the law a pension, social insurance benefits, minimum living allowance or other social security that they applied for in accordance with the law;
(13) consider that an administrative organ has not made or fulfilled under the law, or fulfilled as agreed terms, administrative agreements such as government franchise agreements, or land and housing expropriation compensation agreements, or has unlawfully changed or terminated them;
(14) consider that an administrative organ has infringed upon their lawful rights and interests in regard to government information disclosure; or
(15) consider that the other administrative acts of an administrative organ have infringed upon their lawful rights and interests.
Article 12 The following matters do not fall within the scope of administrative reconsideration:
(1) acts of the state such as defense and foreign affairs;
(2) administrative regulations and rules or decisions, orders and other normative documents with general binding force developed and issued by administrative organs;
(3) decisions regarding rewards, punishments, appointments, and dismissals of administrative organ personnel; and
(4) mediation of civil disputes performed by administrative agencies.
Article 13 A citizen, legal person, or any other organization deeming the following normative documents on which an administrative act of an administrative organ is based as unlawful, may simultaneously file an ancillary review application for the said normative documents with the administrative reconsideration organ when applying for administrative reconsideration of the administrative act:
(1) normative documents of departments of the State Council;
(2) normative documents of local people's governments at or above the county level and their departments;
(3) normative documents of the people's governments of townships and towns;
(4) normative documents of organizations authorized by laws, regulations, and rules.
The normative documents listed in the preceding paragraph do not include rules. The review of rules shall be conducted in accordance with laws and administrative regulations.
Section 2 Participants in Administrative Reconsideration
Article 14 Any citizen, legal person or any other organization applying for administrative reconsideration in accordance with this Law is an applicant.
If a citizen who has the right to apply for administrative reconsideration is deceased, his/her close relatives may apply for administrative reconsideration. If a legal person or any other organization that has the right to apply for administrative reconsideration is terminated, the successor in rights and obligations may apply for administrative reconsideration.
If a citizen with the right to apply for administrative reconsideration is a person without or with limited capacity for civil conduct, his/her agent ad litem may apply for administrative reconsideration on behalf of him/her.
Article 15 If there are a large number of applicants in the same case of administrative reconsideration, the applicants may elect representatives to participate in the administrative reconsideration.
A representative's attendance at the administrative reconsideration shall be effective for the applicant that he represents. However, if the representative changes the request for administrative reconsideration, withdraws the application for administrative reconsideration, or acknowledges a third party's request, the consent of the represented applicant shall be obtained.
Article 16 A citizen, legal person, or any other organization other than an applicant which has a stake in the administrative action for which an application for administrative reconsideration is filed or the handling result of a case of administrative reconsideration, may apply to attend the administrative reconsideration as a third party, or be notified by the administrative reconsideration institution to attend the administrative reconsideration as a third party.
The failure of a third party to attend the administrative reconsideration shall not affect the adjudication of the administrative reconsideration case.
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Order of the President of the People's Republic of China No. 9
September 1, 2023
The Law of the People's Republic of China on Administrative Reconsideration, revised and adopted at the 5th Session of the Standing Committee of the 14th National People's Congress of the People's Republic of China on September 1, 2023, is hereby promulgated, and shall come into effect on January 1, 2024.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on Administrative Reconsideration (Revised in 2023)
(Adopted at the 9th Session of the Standing Committee of the 9th National People's Congress on April 29, 1999; amended for the first time based on the Decision of the Standing Committee of the National People's Congress on Amending Certain Laws which was adopted at the 10th Session of the Standing Committee of the 11th National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Eight Laws Including the Judges Law of the People's Republic of China at the 29th Session of the Standing Committee of the 12th National People's Congress on September 1, 2017; and amended at the 5th Session of the Standing Committee of the 14th National People's Congress on September 1, 2023)
Contents
Chapter I General Provisions
Chapter II Application for Administrative Reconsideration
Section 1 Scope of Administrative Reconsideration
Section 2 Participants in Administrative Reconsideration
Section 3 Filing of Applications
Section 4 Jurisdiction over Administrative Reconsideration
Chapter III Acceptance of Administrative Reconsideration
Chapter IV Adjudication of Administrative Reconsideration
Section 1 General Rules
Section 2 Evidence of Administrative Reconsideration
Section 3 Ordinary Procedure
Section 4 Summary Procedure
Section 5 Incidental Review of Administrative Reconsideration
Chapter V Decisions on Administrative Reconsideration
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted in accordance with the Constitution for the purpose of preventing and setting right illegal or inappropriate specific administrative acts, protecting the lawful rights and interests of citizens, legal persons and other organizations, ensuring and supervising the performance of functions and powers by administrative organs' according to the law, giving full play to the role of administrative reconsideration as the main channel for resolving administrative disputes, and promoting the construction of a law-based government.
Article 2 This Law shall be applicable to cases where citizens, legal persons, or other organizations apply to administrative organs for administrative reconsideration when they consider that certain specific administrative acts infringe upon their lawful rights or interests, and where administrative organs accept the applications and make decisions after administrative reconsideration.
The administrative acts mentioned in the preceding paragraph include the administrative acts of organizations authorized by laws, regulations, and rules.
Article 3 Administrative reconsideration work shall adhere to the leadership of the Communist Party of China.
Administrative reconsideration organs, in the execution of their administrative reconsideration duties, shall adhere to the principles of legality, impartiality, openness, efficiency, accessibility, and people-centered service, and consistently focus on rectifying errors and ensuring the correct implementation of laws and regulations.
Article 4 People's governments at or above the county level and other administrative organs that perform administrative reconsideration duties in accordance with this Law are administrative reconsideration organs.
The institutions in administrative reconsideration organs which handle the matters of administrative reconsideration are administrative reconsideration institutions. Administrative reconsideration institutions shall concurrently organize the handling of the administrative response matters of administrative reconsideration organs.
Administrative reconsideration organs shall strengthen their efforts in regard to administrative reconsideration, providing support and ensuring that the administrative reconsideration institutions perform their duties in accordance with the law. Higher-level administrative reconsideration institutions shall provide guidance and supervision for the administrative reconsideration efforts of lower-level administrative reconsideration institutions.
The administrative reconsideration institution of the State Council may issue guiding cases of administrative reconsideration.
Article 5 Administrative reconsideration organs may, when handling administrative reconsideration cases, conduct mediation.
Mediation shall be conducted in accordance with the principles of legitimacy and free will, without damaging the national interests, public interests or legitimate rights and interests of others, or violating the compulsory provisions of laws or regulations.
Article 6 The state shall establish a specialized and professional contingent of administrative reconsideration personnel.
Any officer of an administrative reconsideration institution who carries out administrative reconsideration work for the first time shall pass the national unified legal professional qualification examination, obtain the legal professional qualification, and receive unified pre-service training.
The administrative reconsideration institution of the State Council shall, in conjunction with relevant authorities, formulate work rules for administrative reconsideration personnel, and strengthen the professional assessment and management of administrative reconsideration personnel.
Article 7 Administrative reconsideration organs shall ensure that the staffing of the administrative reconsideration institutions is commensurate with the work tasks undertaken, improve the professional competence of administrative reconsideration personnel, and provide the necessary facilities such as case-handling workspace and equipment based on the needs of work. People’s governments at or above the county level shall include the funds for administrative reconsideration work in their budgets.
Article 8 Administrative reconsideration organs shall strengthen informatization construction and use modern information technology to facilitate citizens, legal persons, or other organizations to apply for and participate in administrative reconsideration and to improve work quality and efficiency.
Article 9 Entities and individuals that have made notable achievements in administrative reconsideration work shall be commended and rewarded in accordance with the relevant provisions of the state.
Article 10 If any citizen, legal person, or any other organization is dissatisfied with an administrative reconsideration decision, they may, in accordance with the provisions of the Administrative Litigation Law of the People's Republic of China, institute administrative litigation in a people's court, except where the law stipulates that the administrative decision shall be the final adjudication.
Chapter II Application for Administrative Reconsideration
Section 1 Scope of Administrative Reconsideration
Article 11 Any citizen, legal person, or other organization may apply for administrative reconsideration in accordance with this Law if they:
(1) are dissatisfied with an administrative penalty decision made by an administrative organ;
(2) are dissatisfied with a decision on any compulsory administrative measure or compulsory administrative enforcement made by an administrative organ;
(3) apply for an administrative license, and the administrative organ rejects the application or fails to respond within the statutory period, or are dissatisfied with other decisions on administrative licensing made by an administrative organ;
(4) are dissatisfied with a decision confirming the ownership of or the right to use natural resources made by an administrative organ;
(5) are dissatisfied with a decision on expropriation or requisition or a related decision on compensation made by an administrative organ;
(6) are dissatisfied with a decision to pay compensation or a decision not to pay compensation made by an administrative organ;
(7) are dissatisfied with a decision made by an administrative organ of not accepting the application for recognition of work-related injuries or its conclusion of recognition of work-related injuries;
(8) consider that an administrative organ has infringed upon the autonomy in business operation, conventional usufruct on rural land for agricultural operations, or a rural land operating right;
(9) consider that an administrative organ has abused its administrative power to eliminate or restrict competition;
(10) consider that an administrative organ has unlawfully raised funds or apportioned expenses or unlawfully required performance of other obligations;
(11) consider that an administrative organ refuses to perform, or fails to perform in accordance with the law, as requested, its statutory duties to protect personal rights, property rights, the right to education, and other lawful rights and interests, or does not give a response;
(12) consider that an administrative organ fails to pay under the law a pension, social insurance benefits, minimum living allowance or other social security that they applied for in accordance with the law;
(13) consider that an administrative organ has not made or fulfilled under the law, or fulfilled as agreed terms, administrative agreements such as government franchise agreements, or land and housing expropriation compensation agreements, or has unlawfully changed or terminated them;
(14) consider that an administrative organ has infringed upon their lawful rights and interests in regard to government information disclosure; or
(15) consider that the other administrative acts of an administrative organ have infringed upon their lawful rights and interests.
Article 12 The following matters do not fall within the scope of administrative reconsideration:
(1) acts of the state such as defense and foreign affairs;
(2) administrative regulations and rules or decisions, orders and other normative documents with general binding force developed and issued by administrative organs;
(3) decisions regarding rewards, punishments, appointments, and dismissals of administrative organ personnel; and
(4) mediation of civil disputes performed by administrative agencies.
Article 13 A citizen, legal person, or any other organization deeming the following normative documents on which an administrative act of an administrative organ is based as unlawful, may simultaneously file an ancillary review application for the said normative documents with the administrative reconsideration organ when applying for administrative reconsideration of the administrative act:
(1) normative documents of departments of the State Council;
(2) normative documents of local people's governments at or above the county level and their departments;
(3) normative documents of the people's governments of townships and towns;
(4) normative documents of organizations authorized by laws, regulations, and rules.
The normative documents listed in the preceding paragraph do not include rules. The review of rules shall be conducted in accordance with laws and administrative regulations.
Section 2 Participants in Administrative Reconsideration
Article 14 Any citizen, legal person or any other organization applying for administrative reconsideration in accordance with this Law is an applicant.
If a citizen who has the right to apply for administrative reconsideration is deceased, his/her close relatives may apply for administrative reconsideration. If a legal person or any other organization that has the right to apply for administrative reconsideration is terminated, the successor in rights and obligations may apply for administrative reconsideration.
If a citizen with the right to apply for administrative reconsideration is a person without or with limited capacity for civil conduct, his/her agent ad litem may apply for administrative reconsideration on behalf of him/her.
Article 15 If there are a large number of applicants in the same case of administrative reconsideration, the applicants may elect representatives to participate in the administrative reconsideration.
A representative's attendance at the administrative reconsideration shall be effective for the applicant that he represents. However, if the representative changes the request for administrative reconsideration, withdraws the application for administrative reconsideration, or acknowledges a third party's request, the consent of the represented applicant shall be obtained.
Article 16 A citizen, legal person, or any other organization other than an applicant which has a stake in the administrative action for which an application for administrative reconsideration is filed or the handling result of a case of administrative reconsideration, may apply to attend the administrative reconsideration as a third party, or be notified by the administrative reconsideration institution to attend the administrative reconsideration as a third party.
The failure of a third party to attend the administrative reconsideration shall not affect the adjudication of the administrative reconsideration case.
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