DECISION OF THE STATE COUNCIL REVISING THE REGULATIONS ON ADMINISTRATIVE RECONSIDERATION (ATTACHED WITH THE FIRST REVISION OF THE REGULATIONS ON ADMINISTRATIVE RECONSIDERATION)

    The State Council has decided to make the following revisions of the
“Regulations on Administrative Reconsideration”:

    1. Item (3) of Article 10 is revised to “arbitration or conciliation or
disposition of civil disputes, except decisions made by administrative
organs concerning the disposition of enpost_titlement to the ownership or the
right to use of the resources such as land, mineral and forests;”

    2. Article 11 is revised to “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 people’s government at the
same level or the competent department at a higher level. In case any law or
regulations provide that the case shall be under the jurisdiction of the
people’s government at the same level, the provisions of that law or
regulations shall be applied; in case any law provides that the case shall be
under the jurisdiction of the competent department at a higher level, the
provisions of that law shall be applied.

    In case that an application for reconsideration is filed against 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.”

    This Decision shall go into effect as of the date of promulgation.

    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 reconsideration shall apply a
single-level system of reconsideration.

    Article 6  The administrative reconsideration 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 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 satified 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, except
decisions made by administrative organs concerning the disposition of
enpost_titlement to the ownership or the right to use of the resources such as
land, mineral and forests;

    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 people’s government at the same level or
competent department at a higher level. In case any law or regulations provide
that the case shall be under the jurisdiction of the people’s government at
the same level, the provisions of that law or regulations shall be applied; in
case any law proveds that the case shall be under the jurisdiction of the
competent department at a higher level, the provisions of that law shall be
applied.

    In case that an application for reconsideration is filed against 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.

    In case that an application for reconsideration is filed by a person who
does not accept a specific administrative act undertaken by an agency which is
established by a working department of the people’s government in its own name
according to the provisions of the laws, regulations and rules, the case shall
be under the jurisdiction of the department which has established the said
agency.

    Article 15  In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act undertaken by an
organization authorized by laws, regulations and rules, the case shall be
under the jurisdiction of the competent administrative organ immediately over
the said organization.

    In cases that an application for reconsideration is filed by a person who
does not accept a specific administrative act undertaken by an entrusted
organization, the case shall be under the jurisdiction of an administrative
organ at the next higher level over the commissioning administrative organ.

    Article 16  In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act which, according to
the provisions of the laws and regulations, is subject to the approval of an
administrative organ at a higher level, the case shall be under the
jurisdiction of the administrative organ which makes the final decision unless
otherwise provided for by the laws and regulations.

    Article 17  In case that an application for reconsideration is filed by a
person who does not accept a specific administrative act undertaken by an
administrative organ prior to its abolition, the case shall be under the
jurisdiction of the administrative organ at the next higher level over the
administrative organ which has succeeded to the functions and powers of the
administrative organ abolished.

    Article 18  Where an administrative organ for reconsideration finds that a
case it has accepted is not under its jurisdiction, it shall transfer the case
to an administrative organ which has jurisdiction over the case. The
administrative organ, to which the aforesaid case has been transferred, shall
not transfer the case again on its own initiative.

    Article 19  Where a dispute arises between administrative organs over
jurisdiction for reconsideration, the dispute shall be resolved by the parties
to the dispute through consultation. If consultation fails, the administrative
organ immediately over the two parties shall designate jurisdiction.

    Article 20  Where a person applies for reconsideration to two or more
administrative organs that have jurisdiction, the case shall be under the
jurisdiction of the administrative organ that has first received the
application for reconsideration.

    Article 21  Where citizens, legal persons, and other organizations make a
complaint to the correspondence and reception department within the time limit
stipulated by law for filing an application for reconsideration, the
correspondence and reception department shall timely notify the complainant to
file an application for reconsideration to the administrative organ that has
jurisdiction for reconsideration.

    Article 23  The administrative organ for reconsideration shall, in light
of the needs of its work, establish the reconsideration office, or appoint
full-time personnel that handle reconsideration cases, for the organ itself.

    Article 24  Reconsideration offices of various local people’s governments
at or above the county level shall be established within the government’s
office of legislative affairs, or the government’s office of legislative
affairs work in the name of the name of the name of the reconsideration
office.

    Article 25  The reconsideration office, or the full-time personnel that
handle reconsideration cases, shall work under the leadership of the
administrative organ for reconsideration and carry out the following
functions and duties:

    (1) to review whether reconsideration applicatins are in conformity with
the statutory requirements;

    (2) to conduct investigations among, and collect evidence from both
parties to a dispute and relevant units and relevant units and personnel, and
to consult relevant documents and materials;

    (3) to organize the handling of reconsideration cases;

    (4) to draft reconsideration decisions;

    (5) to respond to prosecution in court, as entrusted by the legal
representative of the administrative organ for reconsideration;

    Article 26  Citizens, legal persons, or other organizations that file an
application for reconsideration are applicants.

    Where a citizen who has the right to apply for reconsideration is
deceased, his/her near relatives may apply for reconsideration; where a
citizen who has the right to apply for reconsideration is incompetent or with
limited capacity for conduct, his/her legal representative may apply for
reconsideration on behalf of him/her.

    Where a legal person, or any other organization, that has the right to
apply for reconsideration terminates, the legal person or any other
organization that succeeds to its rights may apply for reconsideration.

    Article 27  Where any other citizen, legal person, or organization has an
interest in a specific administrative act, for the reconsideration of which an
application has already been filed, he/she or it may, with the approval of the
administrative organ for reconsideration, file a request for participation in
the reconsideration as a third party.

    Article 28  Where a citizen, legal person, or organization applies for
reconsideration against a specific administrative act undertaken by an
administrative organ, the said administrative organ is the defending party of
the application.

    Where two or more administrative organs have undertaken a
specific administrative act in their combined name, the administrative organs
which have jointly undertaken the specific administrative act are the joint
defending parties of an application.

    Where a specific administrative act is undertaken by an organization
authorized by the laws, regulations and rules, the said organization is the
defending party of an application. Where a specific administrative act is
undertaken by an organization authorized by the laws, regulations and rules,
the said organization is the defending party of an application.

    Article 29  Where a citizen, a legal persons or any other organization
files an application for reconsideration with the administrative organ that
has jurisdiction over the case, he/she or it shall do so within 15 days from
the day when he/she or it becomes aware of the specific administrative act,
except as otherwise stipulated by the laws and regulations.

    Where a citizen, a legal person or any other organization fails to observe
the time limit prescribed by law due to force majeure or other special
circumstances, he/she or it may, within 10 days after the obstacle is removed,
apply for an extension of the time limit; the administrative organ that has
jurisdiction shall decide whether to approve the aforesaid application or not.

    Article 30  Where a citizen, a legal person or any other organization
brings a suit before the people’s court, and the people’s court has accepted
the case, then he/she or it may not apply for reconsideration.

    Where a citizen, a legal person or any other organization applies for
reconsideration to an administrative organ, and the administrative organ for
reconsideration has accepted the application, then the applicant mentioned
above may not bring a suit before the people’s court within the statutory time
limit for conducing reconsideration.

    Article 31  The following requirements shall be met when an application is
made for reconsideration:

    (1) The applicant shall be a citizen, a legal person, or any other
organization that holds that a specific administrative act has directly
infringed upon his/her or its lawful rights and interests;

    (2) There must be a specific defending party or parties of an application;

    (3) There must be a specific claim for reconsideration and a corresponding
factual basis;

    (4) The case must fall within the scope for application for
reconsideration;

    (5) The case must fall under the jurisdiction of the administrative organ
that accepts the said case;

    (6) Other requirements stipulated by the laws and regulations.

    Article 32  An applicant, while applying to an administrative organ for
reconsideration, shall submit a written application for reconsideration.

    Article 33  The written application shall contain the following contents:

    (1) The name, sex, age, occupation, and address of the applicant (the name
and address of the legal person or any other organization, and the name of its
legal representative);

    (2) The name and address of the defending party of the application for
reconsideration;

    (3) The claim and reasons for applying for reconsideration;

    (4) The date of filing the application for reconsideration.

    Article 34  The administrative organ for reconsideration shall, within 10
days from the date of receiving the written application for reconsideration,
handle the reconsideration applications respectively as follows:

    (1) Reconsideration applications that are in conformity with the
provisions of these Regulations shall be accepted;

    (2) Reconsideration applications that are not in conformity with one of
the provisions in Article 31 of these Regulations shall not be accepted, and
the applicant shall be notified of the reasons for this decision;

    (3) Where a written reconsideration application fails to include one item
of the contents as prescribed in the provisions of Article 33 of these
Regulations, the written application shall be returned to the applicant, and
a time limit for making up the said contents shall be set. If the applicant
fails to fulfil the making-up, the above mentioned application shall be
considered to have not been made.

    Article 35  Where a citizen, a legal person, or any other organization has
filed an application for reconsideration according to law, but the
administrative organ for reconsideration refuses, without any justification,
to accept the application or fails to respond to the application, the
administrative organ at the next higher level, or the administrative organ
prescribed by the laws and regulations, shall instruct the said administrative
organ for reconsideration to accept the said application or to respond to the
application.

    Article 37  Administrative reconsideration shall be conducted by applying
the system of reconsideration by written documents; however, when
administrative organ for reconsideration deems it necessary, other forms for
hearing of reconsideration cases may be adopted.

    Article 38  The administrative organ for reconsideration shall, within 7
days from the day of filing the case, deliver a copy of the written
application for reconsideration to the defending party of the said
application. The defending party of the application shall,within 10 days from
the day of receiving the copy of the written application for reconsideration,
provide the administrative organ for reconsideration with the relevant
materials or evidence for undertaking the specific administrative act and
submit a written defence. Failure by the defending party to submit a written
defence within the time limit shall not stop the procedures of
reconsideration.

    Article 39  In the course of hearing a reconsideration case, execution of
the specific administrative act shall not be suspended. However, under one of
the following circumstances, the execution of the specific administrative act
may be suspended:

    (1) Where suspension is deemed necessary by the defending party;

    (2) Where suspension is deemed necessary by the administrative organ for
reconsideration;

    (3) Where suspension of execution is requested by the applicant and the
administrative organ for reconsideration deems it reasonable and makes the
decision on the suspension of the execution;

    (4) Where suspension is required by the provisions of the laws,
regulations and rules.

    Article 40  Prior to the making of a reconsideration decision, if the
applicant withdraws the application for reconsideration, or the defending
party of the application has changed the specific administrative act it has
undertaken, and the applicant agrees and applies for the withdrawal of the
application for reconsideration, the application for reconsideration may be
withdrawn with the approval of the administrative organ for reconsideration
and after the reconsideration case is recorded on file.

    Where an applicant has withdrawn his application for reconsideration, he
may not apply for reconsideration again for the same facts and reasons.

    Article 41  In handling reconsideration cases, the administrative organ
for reconsideration shall base itself on the laws administrative rules and
regulations, local regulations, rules as well as the decisions and orders with
a general binding force formulated and promulgated by administrative organs at
higher levels according to law.

    In handling reconsideration cases of the nationality autonomous regions,
the administative organ for reconsideration shall also base itself on the
regulations on autonomy and separate regulations of the nationality autonomous
regions.

    Article 42  The administrative organ for reconsideration shall, after the
hearing, respectively make the following reconsideration decisions:

    (1) if the application of the laws, regulations and rules as well as the
decisions and orders with a general binding force to the specific
administrative act is correct, the facts are clearly ascertained, and the
statutory limits of authority and procedures are complied with, the specific
administrative act shall be sustained by decision;

    (2) if there are some inadequacies in the specific administrative act in
terms of procedures, a decision shall be made for the defending party of an
application for reconsideration to make them up and improve them;

    (3) if the defending party of an application for reconsideration fails to
perform its duty as prescribed by laws, regulations and rules, a fixed time
shall be set for the defending party to perform the duty;

    (4) if a specific administrative act has been undertaken in one of the
following circumstances, the act shall be annulled or changed, or the
defending party may be required by decision to undertake a specific
administrative act anew:

    (a) ambiguity of the main facts;

    (b) erroneous application of the laws, regulations and rules and of
decisions and orders with a general binding force;

    (c) violation of legal procedures, that affects unfavorably the lawful
rights and interests of the applicant;

    (d) excess of authority or abuse of powers;

    (e) obvious inappropriateness of the specific administrative act.

    Article 43  Where in the course of reviewing a specific administrative
act, an administrative organ for recons