Law of the People's Republic of China on Administrative Review (Amended in 2009)
Law of the People's Republic of China on Administrative Review (Amended in 2009)
Law of the People's Republic of China on Administrative Review (Amended in 2009)
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 9th session of the Standing Committee of the 9th National People's Congress on April 29, 1999; released by the Order of the President [1999] No. 16 on April 29, 1999; and amended based on the Decision 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)
Contents
Chapter I General Provisions
Chapter II The Limits of Administrative Review
Chapter III Application for Administrative Review
Chapter IV Acceptance of the Application therefor
Chapter V Decision Made After Administrative Review
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, and ensuring and supervising the performance of functions and powers by administrative organs' according to law.
Article 2 This Law shall be applicable to cases where citizens, legal persons or other organizations apply to administrative organs for administrative review 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 review.
Article 3 The administrative organs that perform the function of administrative review in accordance with this Law are administrative review organs. When dealing with the specific affairs in respect of administrative review, the department in charge of legal work under the administrative review organs shall perform the following functions and responsibilities:
1. accepting applications for administrative review;
2. conducting investigation among and collecting evidence from organizations and persons concerned, and consulting documents and materials;
3. examining whether the specific administrative act for which administrative review has been applied is lawful or appropriate, and drafting a decision after administrative review;
4. dealing with or transmitting applications for examination of the provisions listed under Article 7 of this Law;
5. in accordance with the prescribed limits of authority and procedures, putting forward suggestions for handling acts taken by administrative organs in violation of the provisions of this Law;
6. handling affairs in response to administrative lawsuits brought by the parties who refuse to accept decisions made after administrative review; and
7. other functions and responsibilities as prescribed by laws and regulations.
Article 4 When performing their functions of administrative review, administrative review organs shall follow the principles of legality, impartiality, openness, promptness, and convenience to the people, and shall correct mistakes so as to guarantee the appropriate implementation of laws and regulations.
Article 5 A citizen, legal person or other organization that refuses to accept the decision made after administrative review may, in accordance with the provisions of the Law of the People's Republic of China on Administrative Proceedings, bring an administrative lawsuit before a People's Court, with the exception of those decisions that are final as prescribed by law.
Chapter II The Limits of Administrative Review
Article 6 Citizens, legal persons and other organizations may apply for administrative review according to this Law, if they:
1. refuse to accept decisions made by administrative organs to impose on them administrative penalties such as disciplinary warning, fine, confiscation of illegal gains, confiscation of unlawful property or things of value, order for suspension of production or business operation, temporary suspension or rescission of permit, temporary suspension or rescission of license, and administrative detention;
2. refuse to accept decisions made by administrative organs to impose on them compulsory administrative measures including restriction of the freedom of person and sealing up, distraining or freezing of property;
3. refuse to accept decisions made by administrative organs concerning alteration, suspension or revocation of such documents as permits, licenses and qualification certificates;
4. refuse to accept decisions made by administrative organs concerning the right of ownership in or the right to the use of natural resources such as land, mineral resources, water, forests, mountains or hills, grassland, wasteland, tidal flats and sea areas;
5. consider that administrative organs infringe upon their lawful decision-making power for operation;
6. consider that administrative organs infringe upon their lawful property rights and rights to receive education upon application;
7. consider that administrative organs illegally raise funds, collect money or things of value, apportion expenses or illegally require them to perform other duties;
8. consider that administrative organs fail to deal with, according to law, their applications for such documents as permits, licenses and qualification certificates, or their applications for examination and approval and registration of affairs concerned, while the applications meet the requirements as prescribed by law;
9. apply to administrative organs requesting them to perform their statutory duties of protecting the rights of the persons, property rights or the right to receive an education, but the said organs fail to do so in accordance with law;
10. apply to administrative organs requesting them to pay, according to law, pensions for the disabled or for the families of the deceased, social insurance money or the guaranteed minimum for living expenses, but the said organs fail to do so in accordance with law; or
11. consider that other specific administrative acts taken by administrative organs infringe upon their lawful rights or interests.
(Relevant articles: Legislation 2)
Article 7 If citizens, legal persons or other organizations consider illegal the following provisions, which the administrative organs take as the basis for their specific administrative acts, they may also apply for examination of these provisions when applying for administrative review of the said acts:
1. provisions formulated by departments under the State Council;
2. provisions formulated by local people's governments at or above the county level and the department under them; and
3. provisions formulate by township or town people's governments.
The provisions listed in the preceding paragraph do not include rules and regulations formulated by the ministries and commissions under the State Council and by local people's governments. The examination of rules and regulations shall be carried out in accordance with laws and administrative regulations.
(Relevant articles: Legislation 2)
Article 8 Anyone who refuses to accept administrative sanctions or other decisions concerning personnel affairs made by administrative organs may appeal in accordance with the provisions of relevant laws and administrative regulations.
Anyone whom refuses to accept mediations conducted or other solutions made by administrative organs in civil disputes may, in accordance with law, apply for arbitration or bring a lawsuit before a People's Court.
Chapter III Application for Administrative Review
Article 9 Citizens, legal persons and other organizations that consider that certain specific administrative acts infringe upon their lawful rights or interests may apply for administrative review within 60 days from the date when they come to know such administrative acts, except where the time limit for application is more than 60 days as prescribed by law.
In case of delay in applying within the statutory time limit occasioned by force majeure or for other justifiable reasons, the counting of the days shall be resumed from the date when the obstacle is removed.
Article 10 Citizens, legal persons and other organizations that apply for administrative review in accordance with this Law are the applicants.
Where the citizen who has the right to apply for administrative review deceases, his or her close relatives may apply for administrative review.
......
Order of the President of the People's Republic of China No.18
August 27, 2009
(Adopted at the 9th session of the Standing Committee of the 9th National People's Congress on April 29, 1999; released by the Order of the President [1999] No. 16 on April 29, 1999; and amended based on the Decision 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)
Contents
Chapter I General Provisions
Chapter II The Limits of Administrative Review
Chapter III Application for Administrative Review
Chapter IV Acceptance of the Application therefor
Chapter V Decision Made After Administrative Review
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, and ensuring and supervising the performance of functions and powers by administrative organs' according to law.
Article 2 This Law shall be applicable to cases where citizens, legal persons or other organizations apply to administrative organs for administrative review 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 review.
Article 3 The administrative organs that perform the function of administrative review in accordance with this Law are administrative review organs. When dealing with the specific affairs in respect of administrative review, the department in charge of legal work under the administrative review organs shall perform the following functions and responsibilities:
1. accepting applications for administrative review;
2. conducting investigation among and collecting evidence from organizations and persons concerned, and consulting documents and materials;
3. examining whether the specific administrative act for which administrative review has been applied is lawful or appropriate, and drafting a decision after administrative review;
4. dealing with or transmitting applications for examination of the provisions listed under Article 7 of this Law;
5. in accordance with the prescribed limits of authority and procedures, putting forward suggestions for handling acts taken by administrative organs in violation of the provisions of this Law;
6. handling affairs in response to administrative lawsuits brought by the parties who refuse to accept decisions made after administrative review; and
7. other functions and responsibilities as prescribed by laws and regulations.
Article 4 When performing their functions of administrative review, administrative review organs shall follow the principles of legality, impartiality, openness, promptness, and convenience to the people, and shall correct mistakes so as to guarantee the appropriate implementation of laws and regulations.
Article 5 A citizen, legal person or other organization that refuses to accept the decision made after administrative review may, in accordance with the provisions of the Law of the People's Republic of China on Administrative Proceedings, bring an administrative lawsuit before a People's Court, with the exception of those decisions that are final as prescribed by law.
Chapter II The Limits of Administrative Review
Article 6 Citizens, legal persons and other organizations may apply for administrative review according to this Law, if they:
1. refuse to accept decisions made by administrative organs to impose on them administrative penalties such as disciplinary warning, fine, confiscation of illegal gains, confiscation of unlawful property or things of value, order for suspension of production or business operation, temporary suspension or rescission of permit, temporary suspension or rescission of license, and administrative detention;
2. refuse to accept decisions made by administrative organs to impose on them compulsory administrative measures including restriction of the freedom of person and sealing up, distraining or freezing of property;
3. refuse to accept decisions made by administrative organs concerning alteration, suspension or revocation of such documents as permits, licenses and qualification certificates;
4. refuse to accept decisions made by administrative organs concerning the right of ownership in or the right to the use of natural resources such as land, mineral resources, water, forests, mountains or hills, grassland, wasteland, tidal flats and sea areas;
5. consider that administrative organs infringe upon their lawful decision-making power for operation;
6. consider that administrative organs infringe upon their lawful property rights and rights to receive education upon application;
7. consider that administrative organs illegally raise funds, collect money or things of value, apportion expenses or illegally require them to perform other duties;
8. consider that administrative organs fail to deal with, according to law, their applications for such documents as permits, licenses and qualification certificates, or their applications for examination and approval and registration of affairs concerned, while the applications meet the requirements as prescribed by law;
9. apply to administrative organs requesting them to perform their statutory duties of protecting the rights of the persons, property rights or the right to receive an education, but the said organs fail to do so in accordance with law;
10. apply to administrative organs requesting them to pay, according to law, pensions for the disabled or for the families of the deceased, social insurance money or the guaranteed minimum for living expenses, but the said organs fail to do so in accordance with law; or
11. consider that other specific administrative acts taken by administrative organs infringe upon their lawful rights or interests.
(Relevant articles: Legislation 2)
Article 7 If citizens, legal persons or other organizations consider illegal the following provisions, which the administrative organs take as the basis for their specific administrative acts, they may also apply for examination of these provisions when applying for administrative review of the said acts:
1. provisions formulated by departments under the State Council;
2. provisions formulated by local people's governments at or above the county level and the department under them; and
3. provisions formulate by township or town people's governments.
The provisions listed in the preceding paragraph do not include rules and regulations formulated by the ministries and commissions under the State Council and by local people's governments. The examination of rules and regulations shall be carried out in accordance with laws and administrative regulations.
(Relevant articles: Legislation 2)
Article 8 Anyone who refuses to accept administrative sanctions or other decisions concerning personnel affairs made by administrative organs may appeal in accordance with the provisions of relevant laws and administrative regulations.
Anyone whom refuses to accept mediations conducted or other solutions made by administrative organs in civil disputes may, in accordance with law, apply for arbitration or bring a lawsuit before a People's Court.
Chapter III Application for Administrative Review
Article 9 Citizens, legal persons and other organizations that consider that certain specific administrative acts infringe upon their lawful rights or interests may apply for administrative review within 60 days from the date when they come to know such administrative acts, except where the time limit for application is more than 60 days as prescribed by law.
In case of delay in applying within the statutory time limit occasioned by force majeure or for other justifiable reasons, the counting of the days shall be resumed from the date when the obstacle is removed.
Article 10 Citizens, legal persons and other organizations that apply for administrative review in accordance with this Law are the applicants.
Where the citizen who has the right to apply for administrative review deceases, his or her close relatives may apply for administrative review.
......