行政复议法英文版Order of the President of the Peoples Republic of China.docx

1、行政复议法英文版Order of the President of the Peoples Republic of ChinaOrder of the President of the Peoples Republic of China(No.16)The Administrative Reconsideration Law of the Peoples Republic of China, which was adopted at the Ninth Session of the Standing Committee of the Ninth National Peoples Congres

2、s on April 29, 1999, and hereby promulgated and shall come into force as of October 1, 1999.President of the Peoples Republic of China: Jiang ZeminApril 29,1999 Administrative Reconsideration Law of the Peoples Republic of China(Adopted at the Ninth Meeting of the Standing Committee of the Ninth Nat

3、ional Peoples Congress on April 29, 1999)Contents: Chapter I General Provisions Chapter II Scope of Administrative Reconsideration Chapter III Application of Administrative Reconsideration Chapter IV Acceptance of Administrative Reconsideration Chapter V Decision of AChapter VII Supplementary Provis

4、ions Chapter I General Provisions Article 1 This Law is enacted pursuant to the Constitution for the purpose of preventing and correcting any illegal or improper specific administrative acts, protecting the lawful rights and interests of citizens, legal persons and other organizations, safeguarding

5、and supervising the exercise of functions and powers by administrative organs in accordance with law. Article 2 This Law is applicable to a citizen, legal person or any other organization who considers that his or its lawful rights and interests have been infringed upon by a specific administrative

6、act, and applies for administrative reconsideration to an administrative organ which accepts the application for administrative reconsideration, and makes a decision of administrative reconsideration. Article 3 Administrative organs performing their duties of administrative reconsideration in accord

7、ance with this Law are administrative reconsideration organs. The offices responsible for legal affairs within administrative reconsideration organs shall handle concrete matters related to administrative reconsideration and perform the following duties: (1) accepting applications for administrative

8、 reconsideration; (2) taking of evidence from organizations and persons concerned, and consulting files and materials;(3) reviewing the legality and appropriateness of any specific administrative acts being applied for administrative reconsideration, and drawing up decisions of administrative recons

9、ideration; (4) handling or forwarding applications for reviewing items listed in Article 7 of this Law; (5) putting forward proposals, in accordance with statutory authorities and procedures, on disposing acts violating the provisions of this Law committed by administrative organs; (6) handling affa

10、irs responding to action, if deciding to bring a suit in circumstances of refusing to accept the reconsideration decision; (7) other duties prescribed by laws and regulations. Article 4 Administrative reconsideration organs shall, when performing duties of administrative reconsideration, follow the

11、principles of being lawful, fairness, openness, timely, and convenient to peoples, insist on correcting every wrong, and ensuring to implement laws and regulations correctly. Article 5 If any citizen, legal person or any other organization refuses to accept an administrative reconsideration decision

12、, he or it may, in accordance with the provisions of Administrative Procedure Law of the Peoples Republic of China, bring an administrative lawsuit before a peoples court, except that the administrative decision is, as provided for by law, a final decision. Chapter II Scope of Administrative Reconsi

13、deration Article 6 A citizen, legal person, or any other organization may, in accordance with this Law, file an application for administrative reconsideration under any one of the following circumstances: (1) an administrative sanction, such as warning, fine, confiscation of illegal gains or propert

14、y, order to suspend production or business, suspension or rescission of license or permit, administrative attachment, which one refuses to accept; (2) a compulsory administrative measure, such as restriction of personal freedom or the sealing up, seizing or freezing of property, which one refuses to

15、 accept; (3) an administrative decision of altering, suspending or discharging certificates, such as a license, permit, credit certificate, credential, which one refuses to accept; (4) an administrative decision of confirming ownership or right to use of natural resources, such as land, mineral reso

16、urces, rivers, forests, mountains, grasslands, unreclaimed land, beaches, maritime waters, which one refuses to accept; (5) infringement upon ones managerial decision-making power, which, one holds,has been perpetrated by an administrative organ; (6) cases where an administrative organ, which has al

17、tered and nullified ones agricultural contract, is considered to have infringed upon ones rights and interests; (7) cases where an administrative organ is considered to have illegally raised funds, levied property, apportioned charge, or demanded the performance of duties; (8) cases where an adminis

18、trative organ is considered to have illegally handled issuing a certificate, such as a permit, license, credit certificate, or credential, or examining and approving or registering relative items, which one considers oneself legally qualified to apply for; (9) cases where an administrative organ is

19、considered to have failed to perform its statutory duty, according to law, of protecting ones rights of the person and of property, and ones rights to receive education, as one has applied for; (10) cases where an administrative organ is considered to have failed to issue a pension, social insurance

20、 money or minimum maintenance fee for living according to law; and (11) cases in which other specific administrative acts of an administrative organ are considered to have infringed upon other lawful rights and interests. Article 7 If a citizen, legal person or any other organization considers any o

21、f the following provisions, which is the basis of a specific administrative act of an administrative organ, to be illegal, he or it may, when filing an application for administrative reconsideration on a specific administrative act, file an application to the administrative reconsideration organ for

22、 reviewing the said provisions: (1) provisions of departments under the State Council; (2) provisions of local peoples governments at or above the county level and their departments;(3) provisions of peoples governments of towns or townships. The provisions set forth in the preceding paragraph do no

23、t include rules of departments and commissions under the State Council, and local peoples governments. Review on rules shall be handled according to relevant laws and administrative regulations. Article 8 If an administrative sanction or any other personnel disposition by an administrative organ is

24、refused to accept, appeal may be made according to the relevant provisions of laws and administrative regulations. If mediation or any other disposition on a civil dispute undertaken by an administrative organ is refused to accept, an application for arbitration may be made or a lawsuit may be broug

25、ht before a peoples court. Chapter III Application of Administrative Reconsideration Article 9 Any citizen, legal person or any other organization, who considers that a specific administrative act has infringed upon his or its lawful rights and interests, may file an application for administrative r

26、econsideration within 60 days from the day when he or it knows the specific administrative act, except that the time limit prescribed in laws exceeds 60 days. If the time limit prescribed by law is delayed due to force majeure or other special reasons, the time limit shall be accounted continuously

27、from the day when the obstacle is removed.Article 10 Any citizen, legal person or any other organization that files an application 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, h

28、is near relatives may apply for administrative reconsideration. If a citizen who has the right to apply for administrative reconsideration is incompetent or with limited capacity for civil conduct, his statutory agent may apply for administrative reconsideration on behalf him. If legal person, or an

29、y other organization, that has the right to apply for administrative reconsideration terminates, the legal person or any other organization that succeeds to its rights may apply for administrative reconsideration. Any other citizen, legal person or any other organization that has an interest in a sp

30、ecific administrative act, for the administrative reconsideration of which an application has already been filed may, file a request for participation in the administrative reconsideration as a third party. If a citizen, legal person or any other organization refuses to accept a specific administrat

31、ive act undertaken by an administrative organ and applies for administrative reconsideration , the said administrative organ that undertook the specific administrative act is the respondent of the application. The applicant and the third party may delegate agent(s) to participate in the administrati

32、ve reconsideration. Article 11 An applicant may apply for administrative reconsideration in written or in oral. If an applicant apply for administrative reconsideration in oral, the administrative reconsideration organ shall transcribe fundamental facts of the applicant, claims of the administrative reconsideration, and main facts, grounds and time on which the application for administrative reconsideration is based. Article 12 An applicant, who refuses to