Order of the President of the People’s Republic of China
Number 9
The "Administrative Reconsideration Law of the People's Republic of China" was revised and adopted by the fifth meeting of the Standing Committee of the 14th National People's Congress of the People's Republic of China on September 1, 2023,Now announced,Effective from January 1, 2024。
President of the People’s Republic of China Xi Jinping
September 1, 2023
Administrative Reconsideration Law of the People's Republic of China
(On April 29, 1999, the Ninth Session of the Standing Committee of the Ninth National People's Congress passed the "On Amending Some Laws" of the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009. The first amendment was based on the "Decision on Amending Eight Laws including the Judges Law of the People's Republic of China" at the 29th meeting of the Standing Committee of the 12th National People's Congress on September 1, 2017.
Directory
Chapter 1 General Provisions
Chapter 2 Application for bet365 online casino app
Section 1 Scope of bet365 online casino app
Section 2 bet365 online casino app Participants
Section 3 Submission of Application
Section 4 Administrative Reconsideration Jurisdiction
Chapter 3 Administrative Reconsideration Acceptance
Chapter 4 Administrative Reconsideration Trial
Section 1 General Provisions
Section 2 bet365 online casino app Evidence
Section 3 Ordinary Program
Section 4 Simple Procedure
Section 5 Administrative Reconsideration with Review
Chapter 5 bet365 online casino app Decision
Chapter 6 Legal Liability
Chapter 7 Supplementary Provisions
Chapter 1 General Provisions
Article 1 To prevent and correct illegal or improper administrative acts,Protect citizens、Legitimate rights and interests of legal persons and other organizations,Supervise and ensure that administrative agencies exercise their powers in accordance with the law,Use administrative reconsideration as the main channel to resolve administrative disputes,Promote the construction of a law-based government,According to the Constitution,Enact this law。
Article 2 Citizens、Legal persons or other organizations believe that the administrative actions of administrative agencies infringe upon their legitimate rights and interests,Submit an application for bet365 online casino app to the bet365 online casino app authority,bet365 online casino app agencies handle bet365 online casino app cases,This law applies。
The administrative acts referred to in the preceding paragraph,includes laws、Regulations、Administrative actions of organizations authorized by regulations。
Article 3 bet365 online casino app work adheres to the leadership of the Communist Party of China。
bet365 online casino app agencies perform bet365 online casino app duties,Should follow the law、Justice、Public、Efficient、Convenience、Principle of serving the people,Insist on correcting mistakes,Protection Law、Correct implementation of regulations。
Article 4 The people’s governments at all levels above the county level and other administrative agencies that perform bet365 online casino app duties in accordance with this law are bet365 online casino app agencies。
The bet365 online casino app agency is the agency that handles bet365 online casino app matters。The bet365 online casino app agency also organizes and handles the administrative response matters of the bet365 online casino app agency。
bet365 online casino app agencies should strengthen bet365 online casino app work,Support and ensure that bet365 online casino app agencies perform their duties in accordance with the law。The higher-level bet365 online casino app agency guides the bet365 online casino app work of the lower-level bet365 online casino app agency、Supervision。
The bet365 online casino app agency of the State Council can issue guiding cases for bet365 online casino app。
Article 5: bet365 online casino app agencies handle bet365 online casino app cases,Mediation available。
Mediation should be legal、Principle of voluntariness,No harm to national interests、Public interests and legitimate rights and interests of others,Shall not violate the law、Mandatory provisions of regulations。
Article 6: National Establishment of Specialization、Professional bet365 online casino app personnel team。
People who are engaged in bet365 online casino app work for the first time in the bet365 online casino app agency,Should obtain legal professional qualifications through the National Unified Legal Professional Qualification Examination,And participate in unified pre-employment training。
The administrative reconsideration agency of the State Council shall work with relevant departments to formulate work standards for administrative reconsideration personnel,Strengthen the business assessment and management of bet365 online casino app personnel。
Article 7 The bet365 online casino app agency shall ensure that the staffing of the bet365 online casino app agency is commensurate with the work tasks it undertakes,Improve the professional quality of bet365 online casino app personnel,Guarantee case handling locations according to work needs、Equipment and other facilities。People's governments at and above the county level shall include bet365 online casino app funds in the budget of the same level。
Article 8: bet365 online casino app agencies should strengthen informatization construction,Use of modern information technology,Convenient for citizens、Application by legal person or other organization、Participate in bet365 online casino app,Improve work quality and efficiency。
Article 9: To units and individuals who have made outstanding achievements in bet365 online casino app work,Commendations and rewards will be given in accordance with relevant national regulations。
Article 10 Citizenship、Legal persons or other organizations are dissatisfied with the bet365 online casino app decision,Administrative litigation can be filed with the People's Court in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China",Except where the law stipulates that the bet365 online casino app decision shall be the final award。
Chapter 2 Application for bet365 online casino app
Section 1 Scope of bet365 online casino app
Article 11 Under one of the following circumstances,Citizen、Legal persons or other organizations may apply for bet365 online casino app in accordance with this law:
(1) Dissatisfaction with the administrative penalty decision made by the administrative agency;
(2) Administrative compulsory measures against administrative agencies、Unsatisfied with the administrative enforcement decision;
(3) Apply for administrative license,The administrative agency refuses or fails to respond within the legal time limit,Or are dissatisfied with other decisions made by administrative agencies regarding administrative licensing;
(4) Dissatisfaction with the decision made by the administrative agency to confirm the ownership or use rights of natural resources;
(5) Dissatisfaction with the expropriation and requisition decisions and compensation decisions made by administrative agencies;
(6) Dissatisfaction with the decision to compensate or not to compensate made by the administrative agency;
(7) Dissatisfaction with the decision of the administrative agency not to accept the application for work-related injury determination or the conclusion of work-related injury determination;
(8) Believe that administrative agencies have violated their business autonomy or rural land contract management rights、Rural land management rights;
(9) Believing that administrative agencies have abused administrative power to eliminate or restrict competition;
(10) Believing that administrative agencies are illegally raising funds、To apportion expenses or illegally require performance of other obligations;
(11) Apply to administrative agencies to protect personal rights、Property Rights、Statutory responsibilities for legitimate rights and interests such as the right to education,Administrative agencies refuse to perform、Failure to perform in accordance with the law or no reply;
(12) Apply for administrative agencies to pay pensions in accordance with the law、Social insurance benefits or social security such as minimum living allowance,Administrative agencies did not pay in accordance with the law;
(13) Believing that the administrative agency did not make the agreement in accordance with the law、Failure to perform in accordance with the law、Failure to perform as agreed or make illegal changes、Cancellation of government franchise agreement、Land and housing expropriation compensation agreement and other administrative agreements;
(14) Believe that administrative agencies have violated their legitimate rights and interests in government information disclosure work;
(15) Believe that other administrative actions of administrative agencies infringe on their legitimate rights and interests。
Article 12 The following matters do not fall within the scope of bet365 online casino app:
(1) National defense, diplomacy and other state actions;
(2) Administrative regulations、Rules or regulations formulated by administrative agencies、Generally binding decision issued、Commands and other normative documents;
(3) Rewards and punishments given by administrative agencies to administrative agency staff、Decisions on appointment, removal, etc.;
(4) Mediation of civil disputes by administrative agencies.
Article 13 Citizens、Legal persons or other organizations believe that the following normative documents on which the administrative actions of administrative agencies are based are illegal,When applying for bet365 online casino app of administrative actions,You can also submit an application for incidental review of this normative document to the bet365 online casino app agency:
(1) Normative documents of the State Council departments;
(2) Normative documents of local people’s governments at and above the county level and their working departments;
(3) Normative documents of township and town people’s governments;
(4) Law、Regulations、Normative documents of organizations authorized by regulations。
The normative documents listed in the preceding paragraph do not include regulations。Review of regulations in accordance with law、Administrative regulations handling。
Section 2 bet365 online casino app Participants
Article 14 Citizens who apply for bet365 online casino app in accordance with this law、A legal person or other organization is the applicant。
The death of a citizen who has the right to apply for administrative reconsideration,The close relatives can apply for bet365 online casino app。The legal person or other organization that has the right to apply for administrative reconsideration is terminated,The recipient of its rights and obligations can apply for bet365 online casino app。
Citizens who have the right to apply for administrative reconsideration are persons without capacity for civil conduct or persons with limited capacity for civil conduct,The legal representative can apply for bet365 online casino app on his behalf。
Article 15 Where there are many applicants for the same bet365 online casino app case,The applicant can nominate a representative to participate in the bet365 online casino app。
The representative’s behavior in participating in administrative reconsideration shall be effective for the applicant he represents,But request for bet365 online casino app of change of representative、Withdrawal of bet365 online casino app application、Acknowledge the third party’s request,Should be subject to the consent of the represented applicant。
Article 16 Citizens other than applicants who have an interest in the administrative act for which bet365 online casino app is applied for or the outcome of the bet365 online casino app case、Legal person or other organization,You can apply to participate in bet365 online casino app as a third party,Or the bet365 online casino app agency may notify him to participate in the bet365 online casino app as a third party。
The third party does not participate in the bet365 online casino app,Does not affect the trial of bet365 online casino app cases。
Article 17 Applicant、The third party can entrust one or two lawyers、Grassroots legal service workers or other agents participate in bet365 online casino app on their behalf。
Applicant、The third party appoints an agent,A power of attorney should be submitted to the bet365 online casino app agency、Identification documents of the principal and the principal。The power of attorney should specify the entrusted matters、Permissions and deadlines。Applicant、The third party changes or cancels the authority of the agent,The bet365 online casino app agency should be informed in writing。
Article 18 bet365 online casino app applicants who meet the conditions for legal aid apply for legal aid,Legal aid institutions shall provide them with legal aid in accordance with the law。
Article 19 Citizenship、A legal person or other organization that is dissatisfied with an administrative act applies for administrative reconsideration,Administrative agencies or laws that make administrative actions、Regulations、The organization authorized by the regulations is the respondent。
Two or more administrative agencies perform the same administrative act in a common name,The administrative agency that jointly performed administrative acts is the respondent。
Organizations entrusted by administrative agencies to perform administrative actions,The entrusted administrative agency is the respondent。
The administrative agency that took the administrative action was revoked or its powers were changed,The administrative agency that continues to exercise its powers is the respondent。
Section 3 Submission of Application
Article 20 Citizens、Legal persons or other organizations believe that administrative actions infringe upon their legitimate rights and interests,You can file an application for bet365 online casino app within 60 days from the date you know or should know the administrative action;Except if the application period specified by law exceeds sixty days。
Delay in the statutory application deadline due to force majeure or other legitimate reasons,The application period will continue to be calculated from the date the obstacle is removed。
When administrative agencies take administrative actions,Citizens not informed、The right of legal persons or other organizations to apply for bet365 online casino app、bet365 online casino app authority and application deadline,Application deadline is from Citizens、Legal persons or other organizations know or should know the right to apply for bet365 online casino app、Calculated from the date of bet365 online casino app authority and application deadline,However, the longest period from the date when the content of the administrative action is known or should be known shall not exceed one year。
Article 21 The application for administrative reconsideration due to real estate exceeds twenty years from the date of administrative action,Other administrative reconsideration applications more than five years from the date of administrative action,bet365 online casino app authority will not accept the application。
Article 22 Applicant applies for bet365 online casino app,You can apply in writing;Those who have difficulty applying in writing,You can also apply verbally。
Written application,The application for bet365 online casino app can be submitted by mail or through the Internet channel designated by the bet365 online casino app authority,You can also submit an application for bet365 online casino app in person。Administrative agencies serve administrative action decisions through Internet channels,Internet channels for submitting administrative reconsideration applications should also be provided。
Oral application,The bet365 online casino app authority shall record the applicant’s basic information on the spot、bet365 online casino app request、Main facts for applying for administrative reconsideration、Reason and time。
The applicant is dissatisfied with more than two administrative actions,Should apply for bet365 online casino app separately。
Article 23 Any of the following circumstances,Applicants should first apply for bet365 online casino app to the bet365 online casino app authority,Unsatisfied with the bet365 online casino app decision,You can file an administrative lawsuit with the People’s Court in accordance with the law:
(1) Dissatisfaction with the administrative penalty decision made on the spot;
(2) Dissatisfaction with the decision of an administrative agency that infringes upon the ownership or use rights of natural resources that have been obtained in accordance with the law;
(3) It is believed that the administrative agency has failed to perform its statutory duties as stipulated in Article 11 of this Law;
(4) Application for government information disclosure,Administrative agencies will not disclose it;
(5) Law、Other situations in which administrative reconsideration should be applied to the administrative reconsideration authority first under administrative regulations。
Circumstances specified in the preceding paragraph,Administrative agencies should inform citizens when taking administrative actions、Legal persons or other organizations first apply for bet365 online casino app to the bet365 online casino app authority。
Section 4 Administrative Reconsideration Jurisdiction
Article 24 The local people’s governments at or above the county level have jurisdiction over the following bet365 online casino app cases:
(1) Those who are dissatisfied with the administrative actions taken by the working departments of the people’s government at the same level;
(2) Those who are dissatisfied with the administrative actions taken by the people’s government at the next level;
(3) Those who are dissatisfied with the administrative actions taken by the dispatched agencies established by the people's government at the same level in accordance with the law;
(4) Laws governing the people’s government at the same level or its work departments、Regulations、Dissatisfied with administrative actions taken by an organization authorized by regulations。
Except for the provisions of the preceding paragraph,Province、Autonomous Region、The people's governments of municipalities directly under the Central Government also have jurisdiction over administrative reconsideration cases that are dissatisfied with the administrative actions taken by this agency。
Province、The dispatched agencies established by the people's government of the autonomous region in accordance with the law shall refer to the responsibilities and authority of the people's government of the municipality divided into districts,Jurisdiction related bet365 online casino app cases。
For dispatched offices established in accordance with the law by the local people’s government departments at or above the county level、Regulations、Regulations,Administrative reconsideration cases involving dissatisfaction with administrative actions made in the name of the dispatched agency,Under the jurisdiction of the people's government at the same level;where,For municipalities、If you are dissatisfied with the administrative actions taken by the dispatched agencies established by the work departments of the people's government of the districted city in accordance with the administrative divisions,It may also be under the jurisdiction of the people's government where it is located。
Article 25 The departments of the State Council have jurisdiction over the following bet365 online casino app cases:
(1) Those who are dissatisfied with the administrative actions taken by this department;
(2) Comply with the law for the dispatched offices established by this department in accordance with the law、Administrative regulations、Department rules and regulations,Dissatisfied with administrative actions taken in the name of the dispatched agency;
(3) Laws governing this department、Administrative regulations、Dissatisfied with administrative actions taken by an organization authorized by departmental regulations。
Article 26 To the Province、Autonomous Region、The people's government of the municipality directly under the Central Government shall comply with the provisions of paragraph 2 of Article 24 of this Law、Unsatisfied with the bet365 online casino app decision made by the State Council department in accordance with the provisions of Article 25, Paragraph 1 of this Law,You can file an administrative lawsuit with the People’s Court;You can also apply to the State Council for a ruling,The State Council makes the final ruling in accordance with the provisions of this law。
Article 27 To Customs、Finance、Administrative agencies such as foreign exchange management that implement vertical leadership、Dissatisfied with the administrative actions of tax and national security agencies,Apply for administrative reconsideration to the next higher authority。
Article 28: Those who are dissatisfied with the administrative actions of the judicial administrative department of the local people's government that performs the duties of the bet365 online casino app agency,You can apply for administrative reconsideration to the people's government at the same level,You can also apply for administrative reconsideration to the higher level judicial administrative department。
Article 29 Citizens、A legal person or other organization applies for bet365 online casino app,The bet365 online casino app authority has accepted the case in accordance with the law,No administrative litigation may be filed with the People’s Court during the bet365 online casino app period。
Citizen、A legal person or other organization files an administrative lawsuit in the People’s Court,The People’s Court has accepted it in accordance with the law,No application for bet365 online casino app is allowed。
Chapter 3 Administrative Reconsideration Acceptance
Article 30 After the bet365 online casino app agency receives the application for bet365 online casino app,Should be reviewed within five days。For those who meet the following requirements,The bet365 online casino app authority shall accept the application:
(1) There is a clear applicant and a respondent that meets the provisions of this law;
(2) The applicant has an interest in the administrative act subject to bet365 online casino app;
(3) There is a specific bet365 online casino app request and reasons;
(4) Filed within the statutory application period;
(5) It falls within the scope of bet365 online casino app stipulated in this law;
(6) Within the jurisdiction of this agency;
(7) The bet365 online casino app authority has not accepted the applicant’s application for bet365 online casino app for the same administrative act,And the People’s Court has not accepted the administrative litigation filed by the applicant regarding the same administrative act。
Application for administrative reconsideration that does not comply with the provisions of the preceding paragraph,The bet365 online casino app authority shall decide not to accept the application within the review period and explain the reasons;Not under the jurisdiction of this agency,The applicant shall also be notified of the bet365 online casino app authority with jurisdiction over the decision on non-acceptance。
The review period for bet365 online casino app applications has expired,The bet365 online casino app authority has not made a decision not to accept the application,Deemed accepted from the date the review period expires。
Article 31 bet365 online casino app application materials are incomplete or unclearly stated,It is impossible to determine whether the application for bet365 online casino app complies with the provisions of Article 30, Paragraph 1 of this Law,The bet365 online casino app authority shall notify the applicant in writing within five days of receiving the application to make corrections。The notice of supplementation and correction should state the matters that need to be supplemented and corrected at once。
The applicant shall submit supplementary and corrected materials within ten days from the date of receipt of the supplementary and corrective notice。Failure to make corrections on time due to legitimate reasons,The bet365 online casino app authority may extend the reasonable period of correction。Failure to make corrections within the time limit without justifiable reasons,The applicant is deemed to have given up the application for bet365 online casino app,And documented。
After the bet365 online casino app authority receives the supplementary materials,Processed in accordance with the provisions of Article 30 of this Law。
Article 32: Those who are dissatisfied with an administrative penalty decision made on the spot or based on illegal facts recorded by electronic technology monitoring equipment apply for administrative reconsideration,An application for bet365 online casino app can be submitted through the administrative agency that made the administrative penalty decision。
After the administrative agency receives the application for bet365 online casino app,Should be processed in time;Those who believe that the administrative penalty decision needs to be maintained,The application for administrative reconsideration shall be forwarded to the administrative reconsideration authority within five days from the date of receipt。
Article 33 After the bet365 online casino app authority accepts the application for bet365 online casino app,It is found that the bet365 online casino app application does not comply with the provisions of Article 30, Paragraph 1 of this Law,Should decide to reject the application and explain the reasons。
Article 34 Law、Administrative regulations stipulate that one must first apply for bet365 online casino app to the bet365 online casino app authority、If you are dissatisfied with the bet365 online casino app decision and then file an administrative lawsuit with the People's Court,The bet365 online casino app authority decided not to accept the application、Rejecting the application or failing to respond within the bet365 online casino app period after acceptance,Citizen、Legal persons or other organizations may do so within fifteen days from the date of receipt of the decision letter or the expiration of the bet365 online casino app period,File an administrative lawsuit to the People’s Court in accordance with the law。
Article 35 Citizens、A legal person or other organization files an application for bet365 online casino app in accordance with the law,The bet365 online casino app authority will not accept the application without justifiable reasons、Rejecting the application or failing to respond within the bet365 online casino app period after acceptance,The applicant has the right to report to the higher administrative agency,The superior administrative agency should order it to correct;When necessary,The higher-level bet365 online casino app authority can accept the application directly。
Chapter 4 Administrative Reconsideration Trial
Section 1 General Provisions
Article 36 After the bet365 online casino app authority accepts the application for bet365 online casino app,The trial shall be conducted in accordance with this law using ordinary procedures or simplified procedures。bet365 online casino app agencies should designate bet365 online casino app personnel to handle bet365 online casino app cases。
State secrets learned by bet365 online casino app personnel during the handling of bet365 online casino app cases、Business secrets and personal privacy,Should be kept confidential。
Article 37 The bet365 online casino app authority shall comply with the law、Regulations、Regulations on hearing administrative reconsideration cases。
Administrative reconsideration organs hear administrative reconsideration cases in ethnic autonomous areas,At the same time, in accordance with the autonomy regulations and separate regulations of the ethnic autonomous area。
Article 38 The superior bet365 online casino app authority shall make the decision as needed,Can hear administrative reconsideration cases under the jurisdiction of lower-level administrative reconsideration agencies。
bet365 online casino app cases under the jurisdiction of lower-level bet365 online casino app agencies,Considering that it needs to be heard by the superior bet365 online casino app authority,You can submit it to the higher-level bet365 online casino app authority for decision。
Article 39 One of the following circumstances occurs during the bet365 online casino app period,bet365 online casino app suspended:
(1) The applicant’s citizen dies,His close relatives have not yet determined whether to participate in the bet365 online casino app;
(2) The citizen who is the applicant loses the ability to participate in bet365 online casino app,The legal representative has not yet been determined to participate in the bet365 online casino app;
(3) The whereabouts of the citizen who is the applicant is unknown;
(4) Termination of the legal person or other organization as the applicant,The recipient of rights and obligations has not yet been determined;
(5) Applicant、The respondent due to force majeure or other legitimate reasons,Cannot participate in bet365 online casino app;
(6) Mediation in accordance with the provisions of this Law、Reconciliation,The applicant and the respondent agree to suspend;
(7) The legal application issues involved in bet365 online casino app cases require explanation or confirmation by the competent authority;
(8) The trial of administrative reconsideration cases needs to be based on the trial results of other cases,Other cases have not yet been concluded;
(9) The circumstances specified in Article 56 or 57 of this Law;
(10) Other circumstances that require suspension of bet365 online casino app.
After the reasons for the suspension of bet365 online casino app are eliminated,The hearing of administrative reconsideration cases should be resumed in a timely manner。
bet365 online casino app authority suspended、Resumption of administrative reconsideration cases,The parties should be informed in writing。
Article 40 bet365 online casino app Period,The bet365 online casino app authority suspends the bet365 online casino app without justifiable reasons,The superior administrative agency should order it to resume the trial。
Article 41 During the bet365 online casino app period, any of the following circumstances occurs,The bet365 online casino app authority decides to terminate the bet365 online casino app:
(1) The applicant withdraws his application for bet365 online casino app,Withdrawal approved by the bet365 online casino app agency;
(2) The applicant’s citizen dies,There are no close relatives or their close relatives have waived the right to bet365 online casino app;
(3) Termination of the legal person or other organization as the applicant,There is no bearer of rights and obligations or the bearer of rights and obligations waives the right to bet365 online casino app;
(4) After the applicant is dissatisfied with administrative detention or administrative coercive measures that restrict personal freedom and applies for administrative reconsideration,Suspected of committing a crime due to the same illegal act,Criminal coercive measures were taken;
(5) In accordance with Article 39, Paragraph 1, Item 1 of this Law、Second item、The provisions of item 4 suspend bet365 online casino app for sixty days,The reasons for the suspension of bet365 online casino app have not been eliminated。
Article 42 The execution of administrative actions will not be suspended during bet365 online casino app;But one of the following situations,Execution should be stopped:
(1) The respondent believes that execution needs to be stopped;
(2) The bet365 online casino app authority deems it necessary to stop execution;
(3) Applicant、A third party applies to stop execution,The bet365 online casino app authority believes that the request is reasonable,Decided to stop execution;
(4) Law、Regulations、Other situations where the execution of regulations is suspended。
Section 2 bet365 online casino app Evidence
Article 43 bet365 online casino app evidence includes:
(1) Documentary evidence;
(2) Physical evidence;
(3) Audio-visual materials;
(4) Electronic data;
(5) Witness testimony;
(6) Statements of the parties;
(7) Appraisal opinion;
(8) Inspection records and on-site records.
The above evidence has been reviewed and verified by the bet365 online casino app agency,Can be used as the basis for determining the facts of bet365 online casino app cases。
Article 44: Legality of the administrative actions taken by the respondent、The burden of proof is on suitability。
In case of any of the following circumstances, the applicant shall provide evidence:
(1) Thinking that the respondent failed to perform legal duties,Provide evidence that the respondent has been required to perform legal duties,Except for cases where the respondent should proactively perform statutory duties ex officio or the applicant is unable to provide due to legitimate reasons;
(2) Making a request for administrative compensation,Provide evidence of damage caused by administrative actions,But the applicant is unable to provide evidence due to the reasons of the respondent,The respondent bears the burden of proof;
(3) Law、Other situations where the applicant is required to provide evidence as stipulated in regulations。
Article 45 The bet365 online casino app authority has the right to investigate and collect evidence from relevant units and individuals,View、Copy、Retrieve relevant documents and information,Ask the relevant personnel。
During investigation and evidence collection,There shall be no less than two persons for bet365 online casino app,And the bet365 online casino app work certificate should be produced。
The units and individuals under investigation and evidence collection shall actively cooperate with the bet365 online casino app personnel,Do not refuse or obstruct。
Article 46 bet365 online casino app period,The respondent shall not collect evidence from the applicant and other relevant units or individuals on his own;Self-collected evidence is not used to determine the legality of administrative actions、Basis of appropriateness。
During bet365 online casino app,The applicant or a third party submits that the administrative action subject to bet365 online casino app was made without providing reasons or evidence,With the consent of the bet365 online casino app agency,The respondent can supplement evidence。
Article 47 bet365 online casino app Period,Applicant、Third parties and their authorized agents may check according to regulations、Copy the written reply submitted by the respondent、Evidence of administrative actions、Basis and other relevant materials,Except involving state secrets、Business Secret、Personal privacy may endanger national security、Public Safety、Except for social stability,The bet365 online casino app agency should agree。
Section 3 Ordinary Program
Article 48 The administrative reconsideration agency shall within seven days from the date of acceptance of the administrative reconsideration application,Send a copy of the bet365 online casino app application or a copy of the bet365 online casino app application transcript to the respondent。The respondent shall within ten days from the date of receipt of a copy of the bet365 online casino app application or a copy of the bet365 online casino app application transcript,Submit written reply,And submit evidence of administrative actions、Basis and other relevant materials。
Article 49 bet365 online casino app cases subject to ordinary procedures,The bet365 online casino app agency shall be in person or through the Internet、Listen to the parties’ opinions by phone or other methods,And record the opinions heard。Unable to hear opinions due to reasons of parties involved,Can be heard in writing。
Article 50 Major Trial、Problem、Complex bet365 online casino app cases,The bet365 online casino app agency should organize a hearing。
The bet365 online casino app body considers that a hearing is necessary,Or the applicant requested a hearing,The bet365 online casino app agency can organize a hearing。
The hearing will be presided over by an bet365 online casino app officer,More than two bet365 online casino app personnel serve as hearing officers,A recorder prepares the hearing transcript。
Article 51 The bet365 online casino app body organizes hearings,The hearing time should be announced five days before the hearing、Written notice of location and proposed hearing matters to the parties。
The applicant refuses to attend the hearing without justifiable reasons,Deemed as a waiver of the right to a hearing。
The person in charge of the respondent shall attend the hearing。Cannot participate,Should explain the reasons and entrust corresponding staff to attend the hearing。
Article 52 People’s governments at all levels above the county level shall establish relevant government departments、Expert、bet365 online casino app Committee with participation of scholars and others,Provide consulting opinions on bet365 online casino app cases,And provide opinions on the study of major matters and common issues in the bet365 online casino app work。The composition of the bet365 online casino app committee and specific methods for carrying out its work,Developed by the bet365 online casino app agency of the State Council。
The trial of administrative reconsideration cases involves one of the following circumstances,The bet365 online casino app agency shall request the bet365 online casino app committee to provide advisory opinions:
(1) The case is serious, difficult, and complicated;
(2) Strong professionalism and technicality;
(3) bet365 online casino app cases specified in Paragraph 2 of Article 24 of this Law;
(4) The bet365 online casino app agency deems it necessary.
The bet365 online casino app agency shall record the advisory opinions of the bet365 online casino app committee。
Section 4 Simple Procedure
Article 53 The administrative reconsideration authority shall hear the following administrative reconsideration cases,Think the facts are clear、Clear relationship between rights and obligations、Less controversial,Simple procedure can be applied:
(1) The administrative action subject to bet365 online casino app was made on the spot;
(2) The administrative action subject to bet365 online casino app is a warning or a notice of criticism;
(3) The case involves an amount of less than 3,000 yuan;
(4) It is a government information disclosure case.
bet365 online casino app cases other than those specified in the preceding paragraph,All parties agree that simplified procedures shall apply,Simple procedure can be applied。
Article 54 bet365 online casino app cases subject to summary procedures,The bet365 online casino app agency shall within three days from the date of accepting the application for bet365 online casino app,Send a copy of the bet365 online casino app application or a copy of the bet365 online casino app application transcript to the respondent。The respondent shall within five days from the date of receipt of a copy of the bet365 online casino app application or a copy of the bet365 online casino app application transcript,Submit written reply,And submit evidence of administrative actions、Basis and other relevant materials。
bet365 online casino app cases subject to summary procedures,Can be heard in writing。
Article 55 bet365 online casino app cases subject to summary procedures,The administrative reconsideration agency deems it inappropriate to apply the simplified procedure,Approved by the person in charge of the bet365 online casino app agency,Can be transferred to ordinary procedure for trial。
Section 5 Administrative Reconsideration with Review
Article 56: The applicant submits an application for incidental review of relevant normative documents in accordance with the provisions of Article 13 of this Law,bet365 online casino app authority has the right to handle it,Should be dealt with according to law within thirty days;Not authorized to process,Should be transferred within seven days to the administrative agency with the authority to handle it according to law。
Article 57: When the bet365 online casino app authority reviews the administrative action taken by the respondent,Considering the basis is illegal,This agency has the right to handle,Should be dealt with according to law within thirty days;Not authorized to process,Should be transferred within seven days to the state agency with the authority to handle it according to law。
Article 58 The administrative reconsideration authority shall comply with Article 56 of this Law、The provisions of Article 57 have the right to process relevant normative documents or basis,The bet365 online casino app agency shall within three days from the date of suspension of bet365 online casino app,Written notification to the authority formulating the normative document or basis to submit a written reply regarding the legality of the relevant provisions。The enacting authority shall submit a written reply and relevant materials within ten days from the date of receipt of the written notice。
When the bet365 online casino app body deems it necessary,The agency that formulated the normative document or basis can be asked to explain the reasons in person,The enacting agency should cooperate。
Article 59: The bet365 online casino app authority shall comply with Article 56 of this Law、The provisions of Article 57 have the right to process relevant normative documents or basis,Those who believe that the relevant provisions are legal,Informed in the bet365 online casino app decision;Those who believe that relevant provisions exceed authority or violate superior laws,Decided to stop the execution of this clause,And order the enacting agency to correct it。
Article 60 In accordance with Article 56 of this Law、Administrative agencies accepting transfers in accordance with Article 57、The state agency shall within sixty days from the date of receipt of the transfer,The bet365 online casino app authority that forwards the handling opinion reply。
Chapter 5 bet365 online casino app Decision
Article 61: bet365 online casino app organs shall hear bet365 online casino app cases in accordance with this Law,Review of administrative actions by the bet365 online casino app agency,Give your opinion,With the consent of the person in charge of the bet365 online casino app agency or after collective discussion,Make bet365 online casino app decisions in the name of the bet365 online casino app agency。
bet365 online casino app cases after hearing,The administrative reconsideration authority shall base on the hearing transcript、Facts and evidence determined by review,Make an bet365 online casino app decision in accordance with this law。
bet365 online casino app cases submitted to the bet365 online casino app Committee for advisory opinions,bet365 online casino app authorities should use advisory opinions as an important reference for making bet365 online casino app decisions。
Article 62 bet365 online casino app cases subject to ordinary procedures,The bet365 online casino app authority shall make an bet365 online casino app decision within 60 days from the date of accepting the application;Except if the bet365 online casino app period stipulated by law is less than sixty days。The situation is complicated,Unable to make an bet365 online casino app decision within the prescribed time limit,Approved by the person in charge of the bet365 online casino app agency,Can be extended appropriately,And inform the parties in writing;However, the extension period shall not exceed thirty days at most。
bet365 online casino app cases subject to summary procedures,The bet365 online casino app authority shall make an bet365 online casino app decision within thirty days from the date of accepting the application。
Article 63: Administrative acts fall under any of the following circumstances,The bet365 online casino app authority decides to change the administrative act:
(1) The facts are clear,Conclusive evidence,The applicable basis is correct,The program is legal,But the content is inappropriate;
(2) The facts are clear,Conclusive evidence,The program is legal,But the basis was not applied correctly;
(3) The facts are unclear、Insufficient evidence,Facts and evidence verified by bet365 online casino app authority。
The bet365 online casino app authority shall not make a change decision that is more unfavorable to the applicant,Except if a third party makes a contrary request。
Article 64: Administrative acts fall under any of the following circumstances,The bet365 online casino app authority decides to revoke or partially revoke the administrative action,The respondent may also be ordered to take administrative action again within a certain period of time:
(1) The main facts are unclear and the evidence is insufficient;
(2) Violation of legal procedures;
(3) The applicable basis is illegal;
(4) Exceeding authority or abusing authority.
The bet365 online casino app authority orders the respondent to take new administrative actions,The respondent shall not take the same or basically the same administrative act as the administrative act for which bet365 online casino app is applied for based on the same facts and reasons,Except for cases where the bet365 online casino app authority decides to revoke or partially revoke on the grounds of violation of legal procedures。
Article 65: Administrative acts fall under any of the following circumstances,The bet365 online casino app authority does not revoke the administrative action,But it is confirmed that this administrative action is illegal:
(1) Should be revoked according to law,But revocation would benefit the country、Major damage to social and public interests;
(2) Minor procedural violations,But it will not have any actual impact on the applicant’s rights。
Administrative behavior has one of the following circumstances,No need to revoke or order performance,The bet365 online casino app authority confirms that the administrative act is illegal:
(1) Illegal administrative actions,But does not have revocable content;
(2) The respondent changed the original illegal administrative act,The applicant still requests to revoke or confirm that the administrative action is illegal;
(3) The respondent fails to perform or delays in performing statutory duties,There is no point in ordering to perform。
Article 66 The respondent fails to perform statutory duties,The bet365 online casino app authority decided that the respondent should perform within a certain period of time。
Article 67: There are serious and obvious illegal situations such as the person performing the administrative act does not have the administrative subject qualifications or has no basis,The applicant applied for confirmation that the administrative action is invalid,The bet365 online casino app authority confirms that the administrative action is invalid。
Article 68: Clear facts for administrative actions,Conclusive evidence,The applicable basis is correct,The program is legal,Content appropriate,The bet365 online casino app authority decides to maintain the administrative action。
Article 69: After the bet365 online casino app authority accepts an application for bet365 online casino app where the applicant believes that the respondent has not performed its statutory duties,It is found that the respondent does not have corresponding legal duties or has performed legal duties before accepting the application,Decided to reject the applicant’s request for bet365 online casino app。
Article 70: The respondent fails to comply with Article 48 of this Law、Provide a written reply in accordance with the provisions of Article 54、Submit evidence of administrative action、Basis and other relevant materials,Considering that there is no evidence for this administrative action、Based on,The decision of the bet365 online casino app authority is revoked、Partial revocation of this administrative action,Confirm that this administrative action is illegal、Invalid or the respondent is determined to perform within a certain period of time,But the administrative action involves the legitimate rights and interests of a third party,Except for evidence provided by a third party。
Article 71 The respondent did not enter into the contract in accordance with the law、Failure to perform in accordance with the law、Failure to perform as agreed or make illegal changes、To terminate the administrative agreement,The bet365 online casino app authority decides that the respondent shall bear the responsibility and conclude it in accordance with the law、Continue to perform、Liability to take remedial measures or compensate for losses。
Change of respondent、It is legal to terminate the administrative agreement,However, compensation is not provided in accordance with the law or the compensation is unreasonable,The bet365 online casino app authority decides that the respondent shall be given reasonable compensation in accordance with the law。
Article 72: The applicant shall submit a request for administrative compensation when applying for bet365 online casino app,Administrative reconsideration authorities shall not provide compensation in accordance with the relevant provisions of the "State Compensation Law of the People's Republic of China",When making an bet365 online casino app decision,A decision should be made to reject the administrative compensation request at the same time;Compensation should be given to those who comply with the relevant provisions of the "State Compensation Law of the People's Republic of China",Deciding to revoke or partially revoke、Changing administrative actions or confirming that administrative actions are illegal、When invalid,It should be decided at the same time that the respondent should be compensated in accordance with the law;Confirmation that administrative actions are illegal,The respondent may also be ordered to take remedial measures。
The applicant did not submit a request for administrative compensation when applying for bet365 online casino app,The bet365 online casino app authority decides to revoke or partially revoke it in accordance with the law、Change penalty,Cancellation or partial cancellation of illegal fund-raising、Confiscated property、Expropriation、Assessment of expenses and seizure of property、Seizure、When freezing and other administrative actions,The respondent should be ordered to return the property at the same time,Lifting the seizure of property、Seizure、Freezing Measures,Or compensate the corresponding price。
Article 73 The parties reach an agreement through mediation,The administrative reconsideration authority shall prepare an administrative reconsideration mediation letter,Signed or sealed by all parties,And stamped with the seal of the bet365 online casino app agency,That is, it has legal effect。
No agreement reached during mediation or one party regrets before the mediation agreement takes effect,The administrative reconsideration authority shall review in accordance with the law or make an administrative reconsideration decision in a timely manner。
Article 74 The parties may voluntarily reach a settlement before the bet365 online casino app decision is made,The content of the settlement must not harm the national interests、Public interests and legitimate rights and interests of others,Shall not violate the law、Mandatory provisions of regulations。
After the parties reached a settlement,Withdrawal of bet365 online casino app application by the applicant to the bet365 online casino app agency。The bet365 online casino app agency approved the withdrawal of the bet365 online casino app application、The bet365 online casino app authority decides to terminate the bet365 online casino app,The applicant shall not submit an application for bet365 online casino app based on the same facts and reasons。But,Except if the applicant can prove that withdrawing the application for bet365 online casino app is against his true will。
Article 75 The bet365 online casino app organ makes an bet365 online casino app decision,An bet365 online casino app decision should be made,And stamped with the seal of the bet365 online casino app agency。
The bet365 online casino app decision will become legally effective once it is served.
Article 76: During the process of bet365 online casino app cases handled by bet365 online casino app organs,It is discovered that the relevant administrative actions of the respondent or other lower-level administrative agencies are illegal or inappropriate,Administrative reconsideration opinions can be issued to them。Relevant authorities shall within sixty days from the date of receipt of the administrative reconsideration opinion,Submit the correction of relevant illegal or improper administrative behaviors to the bet365 online casino app authority。
Article 77 The respondent shall fulfill the bet365 online casino app decision、Mediation Letter、Opinion Letter。
The respondent failed to perform or delayed the performance of the bet365 online casino app decision without justifiable reasons、Mediation Letter、Opinion Letter,The administrative reconsideration authority or the relevant superior administrative authority shall order it to perform within a time limit,You can also interview the relevant person in charge of the respondent or report and criticize him。
Article 78 Applicant、The third party fails to sue within the time limit and fails to comply with the bet365 online casino app decision、Mediation Letter,Or do not comply with the final bet365 online casino app decision,Handle separately according to the following provisions:
(1) bet365 online casino app decision to maintain administrative action,Enforced by the administrative agency that takes the administrative action in accordance with the law,Or apply to the People’s Court for enforcement;
(2) bet365 online casino app decision on changes in administrative actions,Enforced by the bet365 online casino app authority in accordance with the law,Or apply to the People’s Court for enforcement;
(3) Administrative Reconsideration and Mediation Letter,Enforced by the bet365 online casino app authority in accordance with the law,Or apply to the People’s Court for enforcement。
Article 79: Disclosure by bet365 online casino app authorities based on the administrative actions subject to bet365 online casino app,Disclose the bet365 online casino app decision to the public in accordance with relevant national regulations。
bet365 online casino app cases handled by local people's governments at or above the county level with the working department of the people's government at the same level as the respondent,The legally effective bet365 online casino app decision should be submitted、The opinion letter is also copied to the respondent’s superior authority。
Chapter 6 Legal Liability
Article 80 The bet365 online casino app authority fails to perform bet365 online casino app duties in accordance with the provisions of this law,Give the responsible leaders and directly responsible personnel a warning in accordance with the law、Demerit、Penalty of serious demerit;Failure to make corrections or causing serious consequences after being urged by the authority with the power to supervise,Demoted in accordance with the law、Removed、Penalty of expulsion。
Article 81 Staff of the bet365 online casino app agency during bet365 online casino app activities,Practice for personal gain or engage in other malfeasance、Dereliction of duty,Give a warning in accordance with the law、Demerit、Penalty of serious demerit;Serious circumstances,Demoted in accordance with the law、Removed、Penalty of expulsion;Constituting a crime,Pursuing criminal responsibility according to law。
Article 82 The respondent violated the provisions of this Law,Failure to provide a written reply or failure to submit evidence of administrative action、Basis and other relevant materials,or obstruction、Obstructing citizens in disguise、A legal person or other organization applies for bet365 online casino app in accordance with the law,Give the responsible leaders and directly responsible personnel a warning in accordance with the law、Demerit、Penalty of serious demerit;Retaliation and frame-up,Demoted in accordance with the law、Removed、Penalty of expulsion;Constituting a crime,Pursuing criminal responsibility according to law。
Article 83 The respondent fails to perform or delays the performance of the bet365 online casino app decision without justifiable reasons、Mediation Letter、Opinion Letter,Give the responsible leaders and directly responsible personnel a warning in accordance with the law、Demerit、Penalty of serious demerit;Refuse to perform despite being ordered to perform,Demoted in accordance with the law、Removed、Penalty of expulsion。
Article 84 Rejection、Obstructing bet365 online casino app personnel from investigating and collecting evidence,Deliberately disrupting the order of bet365 online casino app work,Punishment according to law、Public Security Management Punishment;Constituting a crime,Pursuing criminal responsibility according to law。
Article 85 Administrative agencies and their staff violate the provisions of this law,The administrative reconsideration authority may submit a request to the supervisory authority or the authority for the appointment and removal of public officials、The unit transfers factual materials that relevant personnel have violated the law,The supervisory authority or the appointment and removal authority of public officials that accepts the transfer、The unit should handle it in accordance with the law。
Article 86: During the process of bet365 online casino app cases handled by the bet365 online casino app agency,Public officials were found to be suspected of corruption and bribery、Clues to problems involving dereliction of duty, dereliction of duty and other illegal duties or official crimes,Should be transferred to the supervisory authority in accordance with relevant regulations,To be investigated and dealt with by the supervisory authority in accordance with the law。
Chapter 7 Supplementary Provisions
Article 87 The bet365 online casino app authority accepts bet365 online casino app applications,No fees shall be charged to applicants。
Article 88 Calculation of bet365 online casino app period and delivery of bet365 online casino app documents,Not stipulated in this law,Period in accordance with the "Civil Procedure Law of the People's Republic of China"、Execution of service provisions。
This Law Concerns the "Three Days" During the bet365 online casino app Period、"Five Days"、"Seven days"、The “ten days” rule refers to working days,Excluding statutory holidays。
Article 89 Foreigners、Stateless person、Foreign organizations apply for bet365 online casino app within the territory of the People’s Republic of China,This law applies。
Article 90 This law shall come into effect on January 1, 2024。
(Xinhua News Agency, Beijing, September 1)
"People's Daily" (Page 10, September 4, 2023)