Regulations on Administrative Review
Order of the State Council No.70
December 24, 1990
Chapter I General
Article 1 These Regulations are enacted pursuant to the Constitution and the pertinent laws, with a view to safeguarding and supervising administrative organs in exercising their functions and powers, preventing and correcting any malfeasant or improper specific administrative acts, and protecting the lawful rights and interests of citizens, legal persons and other organizations.
Article 2 Where citizens, legal persons, or other organizations hold that a specific administrative act of an administrative organ has infringed upon their lawful rights and interests, they may, in accordance with these Regulations, file an application to the competent administrative organ for reconsideration.
Article 3 The administrative organ for reconsideration shall exercise its functions and powers according to law and shall not be subject to any illegal interference from other organs, public organizations and individuals.
Article 4 The "administrative organs for reconsideration", as mentioned in these Regulations, refers to those administrative organs which accept applications for reconsideration, and shall, according to law, conduct reviews over the specific administrative acts, and make a decision.
The "reconsideration office", as mentioned in these Regulations, refers to the offices which are set up within the administrative organs for reconsideration and are responsible for the affairs relating to the reconsideration.
Article 5 Except as otherwise stipulated by the laws and administrative rules and regulations, the administrative review shall apply a single-level system of reconsideration.
Article 6 The administrative review shall follow the principle of being "lawful, timely, accurate, and convenient for the people".
Article 7 The administrative organ for reconsideration shall, according to law, conduct review over the legality and appropriateness of a specific administrative act.
Article 8 The administrative organ for reconsideration shall not apply conciliation in handling reconsideration cases.
Chapter II The Scope of Application for Reconsideration
Article 9 Citizens, legal persons, and other organizations may file an application to the administrative organs for reconsideration if they refuse to accept any of the following specific administrative acts:
1.an administrative sanction, such as detention, fine, rescission of a permit or a licence, order to suspend production or business operations or confiscation of property and article, which one refuses to accept;
2.a compulsory administrative measure, such as restriction of personal freedom or the sealing up, distraint, or freezing of property, which one refuses to accept;
3.infringement upon one's managerial decision-making power as stipulated by the laws and regulations, which is held to have been perpetrated by an administrative organ;
4.refusal by an administrative organ to issue a permit or licence, which one holds oneself legally qualified to apply for, or its failure to respond to the application;
5.refusal by an administrative organ to perform its statutory functions and duties of protecting one's personal rights and property rights, as one has applied for, or its failure to respond to the application;
6.cases where an administrative organ is held to have failed to pay the pensions for the disabled or for the family of the deceased according to law;
7.cases where an administrative organ is held to have illegally demanded the performance of duties;
8.cases where an administrative organ is held to have infringed upon other personal rights and property rights;
9.other specific administrative acts against which, according to the laws and regulations, an administrative lawsuit or an application for reconsideration may be instituted.
Article 10 Citizens, legal persons, or other organizations shall not file an application for reconsideration in accordance with these Regulations if they are not satisfied with any one of the following matters:
1.administrative regulations, rules, or decisions and orders with a general binding force;
2.decisions on awards or punishments or on the appointment of or removal from a position with respect to personnel working in administrative organs;
3.arbitration or conciliation or disposition of civil disputes;
4.acts of the State in areas such as national defence and foreign affairs.
Chapter III Jurisdiction for Reconsideration
Article 11 In case that a specific administrative act has been undertaken by the working department of a local people's government at or above the county level, and an application is filed for reconsideration, the case shall be under the jurisdiction of the competent department at a higher level. A case that falls under one of the following circumstances shall be under the jurisdiction of the people's government at the same level:
1.there is no corresponding competent department at a higher level;
2.cases that shall be under the jurisdiction of the people's governments as stipulated by the provisions of the laws and regulations. In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by any of the departments under the State Council, the case shall be under the jurisdiction of the department which has undertaken the said specific administrative act.
Article 12 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by any of the local people's governments at various levels, the case shall be under the jurisdiction of the people's government at a higher level.
In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by the people's government of a province, an autonomous region, or a municipality directly under the Central Government, the case shall be under the jurisdiction of the people's government which has undertaken the aforesaid specific administrative act.
Article 13 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken jointly by two or more administrative organs, the case shall be under the jurisdiction of an administrative organ at the next higher level over the aforesaid two or more administrative organs.
Article 14 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by an agency of a local people's government at or above the county level, the case shall be under the jurisdiction of the local people's government which has established the agency.
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Order of the State Council No.70
December 24, 1990
Chapter I General
Article 1 These Regulations are enacted pursuant to the Constitution and the pertinent laws, with a view to safeguarding and supervising administrative organs in exercising their functions and powers, preventing and correcting any malfeasant or improper specific administrative acts, and protecting the lawful rights and interests of citizens, legal persons and other organizations.
Article 2 Where citizens, legal persons, or other organizations hold that a specific administrative act of an administrative organ has infringed upon their lawful rights and interests, they may, in accordance with these Regulations, file an application to the competent administrative organ for reconsideration.
Article 3 The administrative organ for reconsideration shall exercise its functions and powers according to law and shall not be subject to any illegal interference from other organs, public organizations and individuals.
Article 4 The "administrative organs for reconsideration", as mentioned in these Regulations, refers to those administrative organs which accept applications for reconsideration, and shall, according to law, conduct reviews over the specific administrative acts, and make a decision.
The "reconsideration office", as mentioned in these Regulations, refers to the offices which are set up within the administrative organs for reconsideration and are responsible for the affairs relating to the reconsideration.
Article 5 Except as otherwise stipulated by the laws and administrative rules and regulations, the administrative review shall apply a single-level system of reconsideration.
Article 6 The administrative review shall follow the principle of being "lawful, timely, accurate, and convenient for the people".
Article 7 The administrative organ for reconsideration shall, according to law, conduct review over the legality and appropriateness of a specific administrative act.
Article 8 The administrative organ for reconsideration shall not apply conciliation in handling reconsideration cases.
Chapter II The Scope of Application for Reconsideration
Article 9 Citizens, legal persons, and other organizations may file an application to the administrative organs for reconsideration if they refuse to accept any of the following specific administrative acts:
1.an administrative sanction, such as detention, fine, rescission of a permit or a licence, order to suspend production or business operations or confiscation of property and article, which one refuses to accept;
2.a compulsory administrative measure, such as restriction of personal freedom or the sealing up, distraint, or freezing of property, which one refuses to accept;
3.infringement upon one's managerial decision-making power as stipulated by the laws and regulations, which is held to have been perpetrated by an administrative organ;
4.refusal by an administrative organ to issue a permit or licence, which one holds oneself legally qualified to apply for, or its failure to respond to the application;
5.refusal by an administrative organ to perform its statutory functions and duties of protecting one's personal rights and property rights, as one has applied for, or its failure to respond to the application;
6.cases where an administrative organ is held to have failed to pay the pensions for the disabled or for the family of the deceased according to law;
7.cases where an administrative organ is held to have illegally demanded the performance of duties;
8.cases where an administrative organ is held to have infringed upon other personal rights and property rights;
9.other specific administrative acts against which, according to the laws and regulations, an administrative lawsuit or an application for reconsideration may be instituted.
Article 10 Citizens, legal persons, or other organizations shall not file an application for reconsideration in accordance with these Regulations if they are not satisfied with any one of the following matters:
1.administrative regulations, rules, or decisions and orders with a general binding force;
2.decisions on awards or punishments or on the appointment of or removal from a position with respect to personnel working in administrative organs;
3.arbitration or conciliation or disposition of civil disputes;
4.acts of the State in areas such as national defence and foreign affairs.
Chapter III Jurisdiction for Reconsideration
Article 11 In case that a specific administrative act has been undertaken by the working department of a local people's government at or above the county level, and an application is filed for reconsideration, the case shall be under the jurisdiction of the competent department at a higher level. A case that falls under one of the following circumstances shall be under the jurisdiction of the people's government at the same level:
1.there is no corresponding competent department at a higher level;
2.cases that shall be under the jurisdiction of the people's governments as stipulated by the provisions of the laws and regulations. In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by any of the departments under the State Council, the case shall be under the jurisdiction of the department which has undertaken the said specific administrative act.
Article 12 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by any of the local people's governments at various levels, the case shall be under the jurisdiction of the people's government at a higher level.
In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by the people's government of a province, an autonomous region, or a municipality directly under the Central Government, the case shall be under the jurisdiction of the people's government which has undertaken the aforesaid specific administrative act.
Article 13 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken jointly by two or more administrative organs, the case shall be under the jurisdiction of an administrative organ at the next higher level over the aforesaid two or more administrative organs.
Article 14 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by an agency of a local people's government at or above the county level, the case shall be under the jurisdiction of the local people's government which has established the agency.
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