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Regulations on Administrative Reconsideration [Expired]
行政复议条例 [失效]
【法宝引证码】
 
  
  
Decree of the State Council
(No. 70)
The Regulations on Administrative Reconsideration, as adopted at the 71st Executive Meeting of the State Council on November 9, 1990, are hereby promulgated, and shall come into effect on January 1, 1991)
Prime Minister: Li Peng
December 24, 1990
Regulations on Administrative Reconsideration
 

国务院令
(第70号)


行政复议条例》已经1990年10月9日国务院第71次常务会议通过,现予发布,自1991年1月1日起施行。
总理 李鹏
1990年12月24日
行政复议条例
Chapter I General Provisions
 

第一章 总则


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.
   第一条 为了维护和监督行政机关依法行使职权,防止和纠正违法或者不当的具体行政行为,保护公民、法人和其他组织的合法权益,根据宪法和有关法律,制定本条例。
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.
   第二条 公民、法人或者其他组织认为行政机关的具体行政行为侵犯其合法权益,可以依照本条例向行政机关申请复议。
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.
   第三条 复议机关依法行使职权,不受其他机关、社会团体和个人的非法干预。
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.
   第四条 本条例所称复议机关,是指受理复议申请,依法对具体行政行为进行审查并作出裁决的行政机关。
本条例所称复议机构,是指复议机关内设的负责有关复议工作的机构。
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.
   第五条 除法律、行政法规另有规定的外,行政复议实行一级复议制。
Article 6 The administrative reconsideration shall follow the principle of being "lawful, timely, accurate, and convenient for the people".
   第六条 行政复议遵循合法、及时、准确和便民的原则。
Article 7 The administrative organ for reconsideration shall, according to law, conduct review over the legality and appropriateness of a specific administrative act.
   第七条 复议机关依法对具体行政行为是否合法和适当进行审查。
Article 8 The administrative organ for reconsideration shall not apply Conciliation in handling reconsideration cases.
   第八条 复议机关审理复议案件,不适用调解。
Chapter II The Scope of Application for Reconsideration
 

第二章 申请复议范围


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:
   第九条 公民、法人和其他组织对下列具体行政行为不服可以向行政机关申请复议:
(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;
 (一)对拘留、罚款、吊销许可证和执照、责令停产停业、没收财物等行政处罚不服的;
(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;
 (二)对限制人身自由或者对财产的查封、扣押、冻结等行政强制措施不服的;
(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;
 (三)认为行政机关侵犯法律、法规规定的经营自主权的;
(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;
 (四)认为符合法定条件申请行政机关颁发许可证和执照,行政机关拒绝颁发或者不予答复的;
(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;
 (五)申请行政机关履行保护人身权、财产权的法定职责,行政机关拒绝履行或者不予答复的;
(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;
 (六)认为行政机关没有依法发给抚恤金的;
(7) cases where an administrative organ is held to have illegally demanded the performance of duties;
 (七)认为行政机关违法要求履行义务的;
(8) cases where an administrative organ is held to have infringed upon other personal rights and property rights;
 (八)认为行政机关侵犯其他人身权、财产权的;
(9) other specific administrative acts against which, according to the laws and regulations, an administrative lawsuit or an application for reconsideration may be instituted.
 (九)法律、法规规定可以提起行政诉讼或者可以申请复议的其他具体行政行为。
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:
   第十条 公民、法人和其他组织对下列事项不服,不能依照本条例申请复议:
(1) administrative regulations, rules, or decisions and orders with a general binding force;
 (一)对行政法规、规章或者具有普遍约束力的决定、命令不服的;
(2) decisions on awards or punishments or on the appointment of or removal from a position with respect to personnel working in administrative organs;
 (二)对行政机关工作人员的奖惩、任免等决定不服的;
(3) arbitration or conciliation or disposition of civil disputes;
 (三)对民事纠纷的仲裁、调解或者处理不服的;
(4) acts of the State in areas such as national defence and foreign affairs.
 (四)对国防、外交等国家行为不服的。
Chapter III Jurisdiction for Reconsideration
 

第三章 复议管辖


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:
   第十一条 对县级以上的地方各级人民政府工作部门的具体行政行为不服申请的复议,由上一级主管部门管辖。但有下列情形之一的,由本级人民政府管辖:
(1) there is no corresponding competent department at a higher level;
 (一)上一级没有相应主管部门的;
(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.
 (二)法律、法规规定由人民政府管辖的。
对国务院各部门的具体行政行为不服申请的复议,由作出具体行政行为的部门管辖。
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.
   第十二条 对地方各级人民政府的具体行政行为不服申请的复议,由上一级人民政府管辖。
对省、自治区、直辖市人民政府的具体行政行为不服申请的复议,由作出具体行政行为的省、自治区、直辖市人民政府管辖。
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.
   第十三条 对两个或者两个以上行政机关以共同的名义作出的具体行政行为不服申请的复议,由它们的共同上一级行政机关管辖。
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.
   第十四条 对县级以上的地方人民政府的派出机关的具体行政行为不服申请的复议,由设立该派出机关的人民政府管辖。
对人民政府的工作部门设立的派出机构根据法律、法规和规章规定以自己的名义作出的具体行政行为不服申请的复议,由设立该派出机构的部门管辖。
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.
   第十五条 对法律、法规和规章授权的组织作出的具体行政行为不服申请的复议,由直接主管该组织的行政机关管辖。
对受委托的组织作出的具体行政行为不服申请的复议,由委托的行政机关的上一级行政机关管辖。
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.
   第十六条 对法律、法规规定需要上级批准的具体行政行为不服申请的复议,由最终批准的行政机关管辖。法律、法规另有规定的除外。
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.
   第十七条 对被撤销的行政机关在其被撤销前作出的具体行政行为不服申请的复议,由继续行使其职权的行政机关的上一级行政机关管辖。
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.
   第十八条 复议机关发现受理的案件不属于自己管辖,应当移送有管辖权的复议机关。受移送的复议机关不得再自行移送。
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.
   第十九条 行政机关因复议管辖发生争议,争议双方应当协商解决。协商不成的,由它们的共同上一级行政机关指定管辖。
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.
   第二十条 申请人向两个或者两个以上有管辖权的行政机关申请复议的,由最先收到复议申请书的行政机关管辖。
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.
   第二十一条 公民、法人或者其他组织在法定申请复议期限内向信访部门申诉的,信访部门应当及时告知申诉人向有复议管辖权的行政机关申请复议。
Article 22 Other cases involving jurisdiction for reconsideration shall be Handled according to the provisions of the laws, regulations and rules.
......
   第二十二条 其他复议管辖。依照法律、法规和规章的规定。
......



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