(Adopted at the Ninth Session of the Standing Committee of the Ninth National People's Congress on April 29, 1999; amended for the first time in accordance with the Decision on Amending Certain Laws at the Tenth Session of the Standing Committee of the Eleventh National People's Congress on August 27, 2009; amended for the second time in accordance with the Decision on Amending the Judges Law of the People's Republic of China and Other Eight Laws at the 29th Session of the Standing Committee of the Twelfth National People's Congress on September 1, 2017.) Revised at the Fifth Session of the Standing Committee of the 14th National People's Congress on September 1, 2023)
Table of Contents
Chapter I: General Provisions
Chapter II: Applications for Administrative Reconsideration
Section 1: Scope of Administrative Reconsideration
Section 2: Participants in administrative reconsideration
Section 3: Submission of Applications
Section 4: Jurisdiction over administrative reconsideration
Chapter III: Acceptance of Administrative Reconsideration
Chapter IV: Administrative Reconsideration Trial
Section 1: Ordinary Provisions
Section 2: Evidence for administrative reconsideration
Section 3: Ordinary Procedures
Section 4: Simplified Procedures
Section 5: Incidental review of administrative reconsideration
Chapter V: Administrative Reconsideration Decisions
Chapter VI: Legal Responsibility
Chapter VII Supplementary Provisions
Chapter I: General Provisions
Article 1: This Law is formulated on the basis of the Constitution so as to prevent and correct illegal or improper administrative acts, to protect the lawful rights and interests of citizens, legal persons, and other organizations, to supervise and safeguard the lawful exercise of authority by administrative organs, to give play to the role of administrative reconsideration as the main channel for resolving administrative disputes, and to advance the establishment of a government under the rule of law.
Article 2: This Law applies to citizens, legal persons, or other organizations that believe that an administrative act of an administrative organ infringes upon their lawful rights and interests, and submits an application for administrative reconsideration to an administrative reconsideration organ, and the administrative reconsideration organ handles an administrative reconsideration case.
"Administrative acts" as used in the preceding paragraph includes administrative acts of organizations authorized by laws, regulations, or rules.
Article 3: Administrative reconsideration work adheres to the leadership of the Communist Party of China.
In performing their administrative reconsideration duties, administrative reconsideration organs shall follow the principles of legality, fairness, openness, efficiency, convenience for the people, and serving the people, persist in correcting mistakes, and ensure the correct implementation of laws and regulations.
Article 4 The people's governments at or above the county level and other administrative organs performing administrative reconsideration duties in accordance with this Law are administrative reconsideration organs.
The organ of the administrative reconsideration organ that handles administrative reconsideration matters is the administrative reconsideration organ. At the same time, the administrative reconsideration organs shall organize and handle the administrative response matters of the administrative reconsideration organs.
Administrative reconsideration organs shall strengthen administrative reconsideration work and support and ensure that administrative reconsideration organs perform their duties in accordance with the law. The administrative reconsideration organs at the higher level shall guide and supervise the administrative reconsideration work of the administrative reconsideration organs at the lower levels.
The administrative reconsideration organ of the State Council may issue guiding cases for administrative reconsideration.
Article 5: Administrative reconsideration organs handling administrative reconsideration cases may conduct mediation.
Mediation shall follow the principles of legality and voluntariness, and must not harm the national interest, the public interest, or the lawful rights and interests of others, and must not violate the mandatory provisions of laws and regulations.
Article 6: The State shall establish a professional and professional team of administrative reconsideration personnel.
Personnel engaged in administrative reconsideration work for the first time in administrative reconsideration organs shall obtain legal professional qualifications through the national unified legal professional qualification examination and participate in unified pre-employment training.
The administrative reconsideration organ of the State Council shall, in conjunction with relevant departments, formulate work specifications for administrative reconsideration personnel, and strengthen the professional evaluation and management of administrative reconsideration personnel.
Article 7: Administrative reconsideration organs shall ensure that the staffing of administrative reconsideration organs is commensurate with the tasks they undertake, improve the professional quality of administrative reconsideration personnel, and ensure case-handling venues, equipment, and other facilities as needed for work. The people's governments at or above the county level shall include the administrative reconsideration work expenses in the budgets at the corresponding levels.
Article 8: Administrative reconsideration organs shall strengthen the construction of informatization, use modern information technology, facilitate citizens, legal persons, or other organizations to apply for and participate in administrative reconsideration, and improve the quality and efficiency of their work.
Article 9 Units and individuals that have made remarkable achievements in administrative reconsideration work shall be commended and rewarded in accordance with the relevant provisions of the State.
Article 10: Where citizens, legal persons, or other organizations are dissatisfied with an administrative reconsideration decision, they may initiate an administrative lawsuit in 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 provides that the administrative reconsideration decision is final.
Chapter II: Applications for Administrative Reconsideration
Section 1: Scope of Administrative Reconsideration
Article 11: In any of the following circumstances, citizens, legal persons or other organizations may apply for administrative reconsideration in accordance with this Law:
(1) Refusing to accept an administrative punishment decision made by an administrative organ;
(2) Refusing to accept administrative compulsory measures or administrative compulsory enforcement decisions made by administrative organs;
(C) the application for administrative licensing, the administrative organ refuses or does not respond within the statutory time limit, or dissatisfaction with other decisions made by the administrative organ on administrative licensing;
(4) Refusing to accept a decision made by an administrative organ confirming the ownership or right to use natural resources;
(5) Refusing to accept the expropriation and expropriation decisions made by the administrative organs and their compensation decisions;
(6) Refusing to accept a decision made by an administrative organ to compensate or not to compensate;
(7) Refusing to accept an application for work-related injury determination made by an administrative organ or a work-related injury determination conclusion;
(8) Where it is found that an administrative organ has violated its operational autonomy or the right to contract and operate rural land, or the right to operate rural land;
(9) Where it is found that an administrative organ has abused its administrative power to eliminate or restrict competition;
(10) Where it is found that an administrative organ has illegally raised funds, apportioned expenses, or illegally demanded the performance of other obligations;
(11) Where an application is made to an administrative organ to perform legally-prescribed duties to protect personal rights, property rights, education rights, or other lawful rights and interests, but the administrative organ refuses to perform, fails to perform in accordance with law, or does not respond;
(12) Where an application is made to an administrative organ for the payment of social security such as a pension, social insurance benefits, or minimum subsistence guarantee in accordance with law, but the administrative organ fails to make such payment in accordance with law;
(13) Where it is found that the administrative organ has not concluded or performed in accordance with the law, has not performed in accordance with the agreement, or illegally changed or terminated the government concession agreement, the land and housing expropriation compensation agreement and other administrative agreements;
(14) Where it is found that administrative organs have violated their lawful rights and interests in open government information efforts;
(15) Where it is found that other administrative acts of administrative organs infringe upon their lawful rights and interests.
Article 12: The following matters do not fall within the scope of administrative reconsideration:
(1) National defense, foreign affairs, and other state acts;
(2) Administrative regulations, rules, or decisions or orders formulated or issued by administrative organs that are generally binding, and other normative documents;
(3) Decisions of administrative organs on rewards and punishments, appointments and removals of administrative organ staff;
(4) Mediation of civil disputes by administrative organs.
Article 13: Citizens, legal persons or other organizations that believe that the following normative documents on which the administrative acts of administrative organs are based are unlawful, may submit an application for incidental review of the normative documents to the administrative reconsideration organs when applying for administrative reconsideration of administrative acts:
(A) the normative documents of the departments of the State Council;
(B) the local people's governments at or above the county level and their work departments normative documents;
(C) the normative documents of the township and town people's Governments;
(4) Normative documents of organizations authorized by laws, regulations, and rules.
The normative documents listed in the preceding paragraph do not contain regulations. The review of rules and regulations shall be handled in accordance with laws and administrative regulations.
Section 2: Participants in administrative reconsideration
Article 14: Citizens, legal persons or other organizations applying for administrative reconsideration in accordance with this Law are applicants.
If a citizen who has the right to apply for administrative reconsideration dies, his close relatives may apply for administrative reconsideration. Where a legal person or other organization that has the right to apply for administrative reconsideration is terminated, the successor of its rights and obligations may apply for administrative reconsideration.
Where a citizen who has the right to apply for administrative reconsideration is a person who lacks or has limited capacity for civil conduct, his or her legal representative may apply for administrative reconsideration on his or her behalf.
Article 15: Where there are a large number of applicants for the same administrative reconsideration case, the applicant may elect a representative to participate in the administrative reconsideration.
The representative's participation in administrative reconsideration shall take effect on the applicant he represents, but if the representative changes the request for administrative reconsideration, withdraws the application for administrative reconsideration, or recognizes the request of a third party, it shall be subject to the consent of the applicant being represented.
Article 16 Citizens, legal persons, or other organizations other than the applicant that have an interest in the outcome of the administrative act or administrative reconsideration case for which administrative reconsideration is applied for may apply to participate in administrative reconsideration as a third party, or the administrative reconsideration organ may notify them to participate in administrative reconsideration as a third party.
The fact that a third party does not participate in the administrative reconsideration does not affect the trial of the administrative reconsideration case.
Article 17: Applicants and third parties may retain one or two lawyers, basic-level legal service workers, or other agents to participate in administrative reconsideration on their behalf.
Where the applicant or a third party entrusts an agent, the power of attorney and the identity documents of the principal and the entrusted person shall be submitted to the administrative reconsideration organ. The power of attorney shall clearly indicate the matters to be entrusted, the scope of authority, and the time period. Where the applicant or a third party changes or removes the authority of the agent, the administrative reconsideration organ shall be notified in writing.
Article 18: Where applicants for administrative reconsideration who meet the requirements for legal aid apply for legal aid, the legal aid institution shall provide them with legal aid in accordance with law.
Article 19: Where citizens, legal persons, or other organizations are dissatisfied with an administrative act and apply for administrative reconsideration, the administrative organ that took the administrative act or the organization authorized by laws, regulations, or rules is the respondent.
Where two or more administrative organs take the same administrative act in a common name, the administrative organ that jointly took the administrative act is the respondent.
Where an organization entrusted by an administrative organ takes an administrative act, the entrusting administrative organ is the respondent.
Where the administrative organ that took the administrative act is revoked or its functions and powers are changed, the administrative organ that continues to exercise its authority is the respondent.
Section 3: Submission of Applications
Article 20: Where citizens, legal persons, or other organizations believe that an administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they knew or should have known of the administrative act; However, the application period stipulated by law exceeds 60 days.
Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.
Where an administrative organ fails to inform a citizen, legal person or other organization of the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for applying for administrative reconsideration when taking an administrative act, the application period shall be calculated from the date on which the citizen, legal person or other organization knows or should know the right to apply for administrative reconsideration, the administrative reconsideration organ and the time limit for application, but the maximum period shall not exceed one year from the date on which the citizen, legal person or other organization knows or should know the content of the administrative act.
Article 21 Where an application for administrative reconsideration due to immovable property has been filed for more than 20 years since the date of the administrative act, and other applications for administrative reconsideration have been filed for more than five years since the date of the administrative act, the administrative reconsideration organ shall not accept it.
Article 22 The applicant may apply for administrative reconsideration in writing; If it is difficult to apply in writing, it is also possible to apply orally.
Where an application is made in writing, an application for administrative reconsideration may be submitted by mail or through an Internet channel designated by the administrative reconsideration organ, or an application for administrative reconsideration may also be submitted in person. Where administrative organs deliver written decisions on administrative acts through Internet channels, they shall simultaneously provide Internet channels for submitting applications for administrative reconsideration.
In the case of an oral application, the administrative reconsideration organ shall record on the spot the applicant's basic information, the request for administrative reconsideration, and the main facts, reasons, and time for applying for administrative reconsideration.
If the applicant is dissatisfied with two or more administrative acts, he shall apply for administrative reconsideration separately.
Article 23: In any of the following circumstances, the applicant shall first apply to the administrative reconsideration organ for administrative reconsideration, and if he is dissatisfied with the administrative reconsideration decision, he may file an administrative lawsuit with the people's court in accordance with law:
(1) Refusing to accept an administrative punishment decision made on the spot;
(2) Refusing to accept a decision made by an administrative organ that infringes upon the ownership or right to use natural resources that it has lawfully acquired;
(3) Where it is found that the administrative organ has failed to perform its legally-prescribed duties as provided for in article 11 of this Law;
(4) Where an application is made for disclosure of government information, the administrative organ is not to disclose it;
(5) Other circumstances in which laws and administrative regulations provide that an application for administrative reconsideration shall be made to the administrative reconsideration organ first.
In the circumstances provided for in the preceding paragraph, when taking an administrative act, an administrative organ shall inform citizens, legal persons, or other organizations to first apply to the administrative reconsideration organ for administrative reconsideration.
Section 4: Jurisdiction over administrative reconsideration
Article 24: Local people's governments at or above the county level have jurisdiction over the following administrative reconsideration cases:
(1) Refusing to accept an administrative act taken by the work department of the people's government at the same level;
(2) Refusing to accept an administrative act taken by the people's government at a lower level;
(3) Refusing to accept an administrative act taken by a dispatched organ established by the people's government at the same level in accordance with law;
(4) Refusing to accept an administrative act taken by an organization authorized by laws, regulations, or rules managed by the people's government at the same level or its work department.
In addition to the provisions of the preceding paragraph, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall also have jurisdiction over administrative reconsideration cases in which they are dissatisfied with an administrative act taken by that organ.
The dispatched organs established by the people's governments of provinces and autonomous regions in accordance with law shall have jurisdiction over relevant administrative reconsideration cases with reference to the duties and powers of the people's governments at the level of cities divided into districts.
The people's government at the corresponding level has jurisdiction over administrative reconsideration cases in which the dispatched agencies established by the relevant departments of the local people's governments at or above the county level in accordance with the provisions of laws, regulations, and rules are dissatisfied with administrative acts taken in the name of the dispatched agencies; Among them, those who are dissatisfied with the administrative acts taken by the dispatched agencies established by the people's government departments of municipalities directly under the Central Government or districted cities in accordance with administrative divisions may also have jurisdiction over the people's governments where they are located.
Article 25: The departments of the State Council have jurisdiction over the following administrative reconsideration cases:
(1) Refusing to accept an administrative act taken by the department;
(2) Refusing to accept an administrative act taken in the name of a dispatched agency established in accordance with law by that department in accordance with the provisions of laws, administrative regulations, or departmental rules;
(3) Refusing to accept an administrative act taken by an organization authorized by laws, administrative regulations, or departmental rules under the management of that department.
Article 26: Those who are dissatisfied with an administrative reconsideration decision made by the people's government of a province, autonomous region, or municipality directly under the Central Government in accordance with the provisions of paragraph 2 of Article 24 of this Law, or by a department of the State Council in accordance with the provisions of paragraph 1 of article 25 of this Law, may initiate an administrative lawsuit in the people's court; They may also apply to the State Council for an adjudication, and the State Council shall make a final ruling in accordance with the provisions of this Law.
Article 27 A person who refuses to accept the administrative acts of the administrative organs, taxation and state security organs under the vertical leadership of customs, finance, foreign exchange management, etc., shall apply for administrative reconsideration to the competent department at the next higher level.
Article 28: Those who are dissatisfied with the administrative acts of the judicial administrative departments of local people's governments performing the duties of administrative reconsideration bodies may apply to the people's government at the same level for administrative reconsideration, and may also apply to the judicial administrative department at the level above for administrative reconsideration.
Article 29: Where a citizen, legal person or other organization applies for administrative reconsideration and the administrative reconsideration organ has already accepted it in accordance with law, it must not initiate an administrative lawsuit in the people's court during the period of administrative reconsideration.
Where citizens, legal persons, or other organizations initiate an administrative lawsuit in a people's court, and the people's court has already accepted it in accordance with law, they must not apply for administrative reconsideration.
Chapter III: Acceptance of Administrative Reconsideration
Article 30: After receiving an application for administrative reconsideration, an administrative reconsideration organ shall conduct an examination within five days. Where the following provisions are met, the administrative reconsideration organ shall accept the case:
(1) There is a clear applicant and an respondent who meets the requirements of this Law;
(2) The applicant has an interest in the administrative act for which the administrative reconsideration is sought;
(3) There is a specific request for administrative reconsideration and reasons;
(4) Submit the application within the statutory time limit;
(5) It falls within the scope of administrative reconsideration provided for in this Law;
(6) It is within the jurisdiction of that organ;
(7) The administrative reconsideration organ has not accepted the applicant's application for administrative reconsideration in respect of the same administrative act, and the people's court has not accepted the administrative lawsuit filed by the applicant in respect of the same administrative act.
For administrative reconsideration applications that do not comply with the provisions of the preceding paragraph, the administrative reconsideration organ shall decide not to accept the application within the time limit for review and explain the reasons; Where it is not within the jurisdiction of that organ, the applicant shall also be informed of the administrative reconsideration organ with jurisdiction in the decision not to accept the application.
If the administrative reconsideration organ fails to make a decision not to accept an application for administrative reconsideration upon the expiration of the time limit for examination, it shall be deemed to have been accepted on the date of the expiration of the time limit for examination.
Article 31: Where the materials for an administrative reconsideration application are incomplete or unclear, and it is impossible to judge whether an application for administrative reconsideration complies with the provisions of the first paragraph of Article 30 of this Law, the administrative reconsideration organ shall notify the applicant in writing to supplement and correct the application within five days of receiving the application. The notice of supplementation and correction shall indicate the matters that need to be supplemented and corrected at one time.
The applicant shall submit the supplementary materials within 10 days from the date of receipt of the notice of supplementation and correction. If there is a legitimate reason why it cannot be supplemented and corrected on time, the administrative reconsideration organ may extend the reasonable time limit for supplementation and correction. If the applicant fails to make corrections within the time limit without a legitimate reason, it shall be deemed that the applicant has given up the application for administrative reconsideration and shall be recorded in the case file.
After the administrative reconsideration organ receives the supplementary and corrective materials, it shall handle it in accordance with the provisions of Article 30 of this Law.
Article 32: Where an application for administrative reconsideration is made against an administrative punishment decision made on the spot or on the basis of illegal facts recorded by electronic technical monitoring equipment, an application for administrative reconsideration may be submitted through the administrative organ that made the administrative punishment decision.
After receiving an application for administrative reconsideration, an administrative organ shall handle it in a timely manner; Where it is found necessary to maintain an administrative punishment decision, it shall be transferred to the administrative reconsideration organ within five days of receiving the application for administrative reconsideration.
Article 33: After accepting an application for administrative reconsideration, an administrative reconsideration organ discovers that the application for administrative reconsideration does not comply with the provisions of the first paragraph of Article 30 of this Law, it shall decide to reject the application and explain the reasons.
Article 34: Where laws and administrative regulations stipulate that an application for administrative reconsideration shall be made to an administrative reconsideration organ first, and then an administrative lawsuit is filed with a people's court if the administrative reconsideration organ is dissatisfied with the administrative reconsideration decision, and the administrative reconsideration organ decides not to accept the application, rejects the application, or fails to reply after accepting the administrative reconsideration period, citizens, legal persons, or other organizations may, within 15 days from the date of receipt of the written decision or the expiration of the administrative reconsideration period, file an administrative lawsuit with the people's court in accordance with law.
Article 35: Where a citizen, legal person or other organization submits an application for administrative reconsideration in accordance with law, and the administrative reconsideration organ refuses to accept or reject the application without justifiable reasons, or fails to respond within the time limit for administrative reconsideration after acceptance, the applicant has the right to report to the administrative organ at a higher level, and the administrative organ at the higher level shall order it to make corrections; When necessary, the administrative reconsideration organ at a higher level may directly accept the case.
Chapter IV: Administrative Reconsideration Trial
Section 1: Ordinary Provisions
Article 36: After an administrative reconsideration organ accepts an application for administrative reconsideration, it shall apply the ordinary procedures or summary procedures to conduct a trial in accordance with this Law. Administrative reconsideration organs shall designate administrative reconsideration personnel to be responsible for handling administrative reconsideration cases.
Administrative reconsideration personnel shall keep confidential the state secrets, commercial secrets, and personal privacy that they learn of in the course of handling administrative reconsideration cases.
Article 37: Administrative reconsideration organs hear administrative reconsideration cases in accordance with laws, regulations, and rules.
Administrative reconsideration organs hear administrative reconsideration cases in ethnic autonomous areas, and at the same time follow the autonomy regulations and special regulations of the ethnic autonomous areas.
Article 38: Higher-level administrative reconsideration organs may, as needed, hear administrative reconsideration cases under the jurisdiction of lower-level administrative reconsideration organs.
If a lower-level administrative reconsideration organ finds that an administrative reconsideration case under its jurisdiction needs to be heard by a higher-level administrative reconsideration organ, it may report it to the higher-level administrative reconsideration organ for a decision.
Article 39: In any of the following circumstances during the period of administrative reconsideration, administrative reconsideration shall be suspended:
(1) The citizen who is the applicant has died, and his close relatives have not yet determined whether to participate in the administrative reconsideration;
(2) The citizen who is the applicant has lost the capacity to participate in the administrative reconsideration, and the legal representative has not yet been determined to participate in the administrative reconsideration;
(3) The whereabouts of the citizen who is the applicant are unknown;
(4) The legal person or other organization that is the applicant is terminated, and the successor of rights and obligations has not yet been determined;
(5) The applicant or respondent is unable to participate in the administrative reconsideration due to force majeure or other legitimate reasons;
(6) Mediation or conciliation shall be conducted in accordance with the provisions of this Law, and the applicant and the respondent shall agree to suspend it;
(7) The application of law involved in an administrative reconsideration case requires an explanation or confirmation by the competent authority;
(8) The trial of an administrative reconsideration case needs to be based on the trial results of other cases, and the trial of other cases has not yet been concluded;
(9) There are circumstances provided for in articles 56 or 57 of this Law;
(10) Other circumstances that require the suspension of administrative reconsideration.
After the reasons for the suspension of administrative reconsideration are eliminated, the trial of the administrative reconsideration case shall be resumed in a timely manner.
Administrative reconsideration organs shall notify the parties in writing of the suspension or resumption of the trial of administrative reconsideration cases.
Article 40: During the period of administrative reconsideration, if an administrative reconsideration organ suspends the administrative reconsideration without a legitimate reason, the administrative organ at the higher level shall order it to resume the trial.
Article 41 In any of the following circumstances during the period of administrative reconsideration, the administrative reconsideration organ shall decide to terminate the administrative reconsideration:
(1) The applicant withdraws the application for administrative reconsideration, and the administrative reconsideration organ approves the withdrawal;
(2) The citizen who is the applicant dies and has no close relatives or his close relatives have waived the right of administrative reconsideration;
(3) The legal person or other organization that is the applicant is terminated, and there is no successor of rights and obligations or the successor of its rights and obligations waives the right of administrative reconsideration;
(4) After the applicant is dissatisfied with administrative detention or administrative compulsory measures restricting personal liberty and applies for administrative reconsideration, the applicant is suspected of committing a crime for the same illegal act and is subject to criminal compulsory measures;
(5) The administrative reconsideration has been suspended for 60 days in accordance with the provisions of Items 1, 2 and 4 of the first paragraph of Article 39 of this Law, and the reasons for the suspension of administrative reconsideration have not been eliminated.
Article 42: Enforcement of administrative acts is not suspended during the period of administrative reconsideration; However, in any of the following circumstances, enforcement shall be suspended:
(1) The respondent believes that it is necessary to stop enforcement;
(2) The administrative reconsideration organ deems it necessary to stop enforcement;
(3) The applicant or a third party applies for suspension of enforcement, and the administrative reconsideration organ finds that the demand is reasonable and decides to stop enforcement;
(4) Other circumstances where laws, regulations, or rules provide for the suspension of enforcement.
Section 2: Evidence for administrative reconsideration
Article 43: Evidence for administrative reconsideration includes:
(1) Documentary evidence;
(2) Physical evidence;
(3) audio-visual materials;
(4) Electronic data;
(5) Witness testimony;
(6) the statements of the parties;
(7) Appraisal opinions;
(8) Inquest records and on-site records.
Only when the above evidence is found to be true after examination by the administrative reconsideration organ can it be used as the basis for determining the facts of an administrative reconsideration case.
Article 44 The respondent bears the burden of proof for the legality and appropriateness of the administrative acts it has taken.
In any of the following circumstances, the applicant shall provide evidence:
(1) Where it is found that the respondent has not performed its legally-prescribed duties, it shall provide evidence that the respondent has been required to perform its legally-prescribed duties, except where the respondent shall take the initiative to perform the legally-prescribed duties ex officio or the applicant is unable to provide it for legitimate reasons;
(2) Where a request for administrative compensation is submitted, evidence of the damage caused by the infringement of the administrative act is provided, but where the applicant is unable to present evidence due to reasons attributable to the respondent, the respondent bears the burden of proof;
(3) Other circumstances where laws and regulations provide that the applicant needs to provide evidence.
Article 45: Administrative reconsideration organs have the right to investigate and collect evidence from relevant units and individuals, to consult, reproduce, and obtain relevant documents and materials, and to inquire about relevant personnel.
When investigating and collecting evidence, there shall be no less than two administrative reconsideration personnel, and they shall present their administrative reconsideration work certificates.
Units and individuals under investigation and collecting evidence shall actively cooperate with the work of administrative reconsideration personnel and must not refuse or obstruct them.
Article 46: During the period of administrative reconsideration, the respondent shall not collect evidence from the applicant and other relevant units or individuals on its own; Self-collected evidence is not to be used as a basis for determining the legality and appropriateness of administrative acts.
During the period of administrative reconsideration, if the applicant or a third party submits that the administrative act for which administrative reconsideration is applied for was made without the reasons or evidence submitted, the respondent may supplement the evidence with the consent of the administrative reconsideration body.
Article 47: During the period of administrative reconsideration, the applicant, the third party and their authorized agent may, in accordance with the provisions, consult and reproduce the written reply submitted by the respondent, the evidence, basis and other relevant materials for the administrative act, and the administrative reconsideration organ shall agree to it, except in cases involving state secrets, commercial secrets, personal privacy, or circumstances that may endanger national security, public safety, or social stability.
Section 3: Ordinary Procedures
Article 48: An administrative reconsideration organ shall, within seven days from the date of acceptance of an application for administrative reconsideration, send a copy of the application for administrative reconsideration or a copy of the record of the application for administrative reconsideration to the respondent. The respondent shall, within 10 days from the date of receipt of a copy of the application for administrative reconsideration or a copy of the record of the application for administrative reconsideration, submit a written reply and submit the evidence, basis and other relevant materials for the administrative act.
Article 49: In administrative reconsideration cases that apply the ordinary procedures, the administrative reconsideration organs shall hear the opinions of the parties in person or through the Internet, telephone, or other means, and record the opinions heard in the case file. Where opinions cannot be heard due to reasons attributable to the parties, a written trial may be made.
Article 50: In hearing major, difficult, or complicated administrative reconsideration cases, the administrative reconsideration body shall organize hearings.
If the administrative reconsideration organ deems it necessary to have a hearing, or if the applicant requests a hearing, the administrative reconsideration organ may organize a hearing.
One administrative reconsideration officer shall serve as the presiding officer for the hearing, two or more administrative reconsideration personnel shall serve as the hearing officer, and one recorder shall make a record of the hearing.
Article 51: Where an administrative reconsideration body organizes a hearing, it shall notify the parties in writing of the time, place, and matters to be heard five days before the hearing.
Where the applicant refuses to participate in the hearing without a legitimate reason, it is deemed to have waived the right to a hearing.
The person in charge of the respondent shall attend the hearing. and where they are unable to participate, they shall explain the reasons and entrust the corresponding staff to participate in the hearing.
Article 52: People's governments at or above the county level shall establish administrative reconsideration committees with the participation of relevant government departments, experts, scholars, etc., to provide advisory opinions on the handling of administrative reconsideration cases, and to put forward opinions on the study of major issues and common issues in administrative reconsideration work. The specific measures for the composition and work of the administrative reconsideration committee shall be formulated by the administrative reconsideration organ of the State Council.
If the trial of an administrative reconsideration case involves any of the following circumstances, the administrative reconsideration organ shall request the administrative reconsideration committee to submit an advisory opinion:
(1) The case is major, difficult, or complex;
(2) Strong professionalism and technology;
(3) Administrative reconsideration cases provided for in paragraph 2 of Article 24 of this Law;
(4) The administrative reconsideration body deems it necessary.
The administrative reconsideration body shall record the advisory opinions of the administrative reconsideration committee.
Section 4: Simplified Procedures
Article 53: Where administrative reconsideration organs hear the following administrative reconsideration cases, where they find that the facts are clear, the relationship between rights and obligations is clear, and the controversy is not large, they may apply the summary procedures:
(1) The administrative act for which administrative reconsideration is applied is made on the spot;
(2) The administrative act for which administrative reconsideration is applied is a warning or a notice of criticism;
(3) The amount involved in the case is less than 3,000 RMB;
(4) It is an open government information case.
In administrative reconsideration cases other than those provided for in the preceding paragraph, where the parties agree to apply the simplified procedures, the simplified procedures may be applied.
Article 54: In administrative reconsideration cases that are tried under the simplified procedures, the administrative reconsideration organ shall, within three days from the date of accepting the application for administrative reconsideration, send a copy of the application for administrative reconsideration or a copy of the record of the application for administrative reconsideration to the respondent. The respondent shall, within five days from the date of receipt of a copy of the application for administrative reconsideration or a copy of the record of the application for administrative reconsideration, submit a written reply and submit the evidence, basis and other relevant materials for the administrative act.
Administrative reconsideration cases that apply the summary procedures may be tried in writing.
Article 55: In an administrative reconsideration case that is tried using the summary procedures, if the administrative reconsideration organ finds it inappropriate to apply the summary procedures, it may be transferred to ordinary procedures for trial with the approval of the responsible person of the administrative reconsideration body.
Section 5: Incidental review of administrative reconsideration
Article 56: Where an applicant submits an application for incidental review of a relevant normative document in accordance with the provisions of Article 13 of this Law, and the administrative reconsideration organ has the right to handle it, it shall handle it in accordance with law within 30 days; and where they do not have the authority to handle it, they shall be transferred to the administrative organ that has the authority to handle it within 7 days to handle it in accordance with law.
Article 57: Where an administrative reconsideration organ finds that the basis of an administrative act taken by the respondent is unlawful and that the organ has the right to handle it, it shall handle it in accordance with law within 30 days; and where they do not have the authority to handle it, they shall be transferred to the state organ that has the authority to handle it within 7 days to be handled in accordance with law.
Article 58: Where an administrative reconsideration organ has the authority to handle relevant normative documents or bases in accordance with the provisions of Articles 56 and 57 of this Law, the administrative reconsideration organs shall, within three days from the date of suspension of administrative reconsideration, notify in writing the organ that formulated the normative documents or bases to submit a written reply on the legality of the relevant provisions. The formulating organ shall submit a written reply and relevant materials within 10 days of receiving the written notice.
When the administrative reconsideration organ deems it necessary, it may request the organ that formulated the normative document or the basis to explain the reasons in person, and the organ that formulated it shall cooperate.
Article 59: In accordance with the provisions of Articles 56 and 57 of this Law, administrative reconsideration organs have the right to dispose of relevant normative documents or basis, and if they find that the relevant provisions are lawful, they shall notify them in the administrative reconsideration decision; Where it is found that the relevant clause exceeds its authority or violates the law at a higher level, it is decided to stop the enforcement of the clause and order the drafting organ to make corrections.
Article 60: Administrative organs and state organs that accept the transfer in accordance with the provisions of Articles 56 and 57 of this Law shall, within 60 days of receiving the transfer, reply to the administrative reconsideration organ to which the handling opinions were transferred.
Chapter V: Administrative Reconsideration Decisions
Article 61: When an administrative reconsideration organ hears an administrative reconsideration case in accordance with this Law, the administrative reconsideration organ shall examine the administrative act, put forward opinions, and make an administrative reconsideration decision in the name of the administrative reconsideration organ after obtaining the consent of the responsible person of the administrative reconsideration organ or collective discussion and approval.
In an administrative reconsideration case that has been heard, the administrative reconsideration organ shall make an administrative reconsideration decision in accordance with this Law on the basis of the hearing record, the facts and evidence ascertained by the examination.
In an administrative reconsideration case where an administrative reconsideration committee is requested to submit an advisory opinion, the administrative reconsideration organ shall take the advisory opinion as an important reference basis for making an administrative reconsideration decision.
Article 62: In administrative reconsideration cases that are tried using the ordinary procedures, the administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application; However, the time limit for administrative reconsideration provided for by law is less than 60 days. Where the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the person in charge of the administrative reconsideration body, and the parties concerned shall be notified in writing; However, the extension period shall not exceed 30 days.
In an administrative reconsideration case that is tried using the summary procedures, the administrative reconsideration organ shall make an administrative reconsideration decision within 30 days from the date of accepting the application.
Article 63: In any of the following circumstances, the administrative reconsideration organ shall decide to modify the administrative act:
(1) The facts are clear, the evidence is conclusive, the basis for application is correct, and the procedures are lawful, but the content is inappropriate;
(2) The facts are clear, the evidence is conclusive, and the procedures are lawful, but the basis for the correct application is not applied;
(3) The facts are unclear and the evidence is insufficient, and the facts and evidence are ascertained by the administrative reconsideration organ.
The administrative reconsideration organ shall not make a decision on modification that is more unfavorable to the applicant, except where a third party submits a contrary request.
Article 64: Where an administrative act falls under any of the following circumstances, the administrative reconsideration organ decides to revoke or partially revoke the administrative act, and may order the respondent to take a new administrative act within a certain period of time:
(1) The main facts are unclear and the evidence is insufficient;
(2) Violating legally-prescribed procedures;
(3) The basis for application is unlawful;
(4) Exceeding authority or abusing authority.
Where an administrative reconsideration organ orders the respondent to take a new administrative act, the respondent shall not take an administrative act that is identical or basically the same as the administrative act for which the administrative reconsideration is applied for on the same facts and grounds, except where the administrative reconsideration organ decides to revoke or partially revoke it on the grounds of violating legal procedures.
Article 65: In any of the following circumstances, the administrative reconsideration organ shall not revoke the administrative act, but shall confirm that the administrative act is unlawful:
(1) It shall be revoked in accordance with law, but the revocation will cause major harm to the national interest or societal public interest;
(2) The procedure is slightly violated, but does not have a practical impact on the applicant's rights.
In any of the following circumstances, where an administrative act does not need to be revoked or ordered to be performed, the administrative reconsideration organ confirms that the administrative act is unlawful:
(1) The administrative act is unlawful, but does not have revocable content;
(2) The respondent changes the original illegal administrative act, and the applicant still requests to revoke or confirm that the administrative act is unlawful;
(3) If the respondent fails to perform or delays in performing statutory duties, it is meaningless to order performance.
Article 66: Where the respondent fails to perform its statutory duties, the administrative reconsideration organ shall decide that the respondent shall perform within a certain period of time.
Article 67: Where an administrative act has major and obvious illegal circumstances such as the implementing entity not having the qualifications of an administrative entity or having no basis, and the applicant applies for confirmation that the administrative act is invalid, the administrative reconsideration organ confirms that the administrative act is invalid.
Article 68: Where the facts ascertained in an administrative act are clear, the evidence is conclusive, the basis for application is correct, the procedures are lawful, and the content is appropriate, the administrative reconsideration organ decides to maintain the administrative act.
Article 69: After accepting an application for administrative reconsideration in which the applicant believes that the respondent has not performed its statutory duties, if it finds that the respondent does not have the corresponding statutory duties or has performed its statutory duties before accepting it, it shall decide to reject the applicant's request for administrative reconsideration.
Article 70: Where the respondent fails to submit a written reply or submit evidence, basis, and other relevant materials for the administrative act in accordance with the provisions of Articles 48 and 54 of this Law, it shall be deemed that the administrative act has no evidence or basis, and the administrative reconsideration organ decides to revoke or partially revoke the administrative act, confirms that the administrative act is illegal or invalid, or decides that the respondent shall perform it within a certain period of time, except where the administrative act involves the lawful rights and interests of a third party, except where the third party provides evidence.
Article 71: Where the respondent fails to conclude or perform in accordance with law, fails to perform as agreed, or illegally modifies or terminates an administrative agreement, the administrative reconsideration organ shall decide that the respondent shall bear the responsibility for concluding or continuing to perform, taking remedial measures, or compensating for losses in accordance with law.
Where the respondent is lawful to modify or terminate the administrative agreement, but fails to give compensation in accordance with law or the compensation is unreasonable, the administrative reconsideration organ shall decide that the respondent shall give reasonable compensation in accordance with law.
Article 72 Where an applicant submits a request for administrative compensation at the same time as applying for administrative reconsideration, and the administrative reconsideration organ shall not make compensation in accordance with the relevant provisions of the "State Compensation Law of the People's Republic of China", it shall decide to reject the request for administrative compensation at the same time when making the administrative reconsideration decision; Where compensation shall be given in accordance with the relevant provisions of the "State Compensation Law of the People's Republic of China", when a decision is made to revoke or partially revoke or modify an administrative act, or to confirm that the administrative act is illegal or invalid, a decision shall be made at the same time that the respondent shall pay compensation in accordance with law; Where it is confirmed that the administrative act is unlawful, the respondent may also be ordered to take remedial measures at the same time.
If the applicant does not submit a request for administrative compensation when applying for administrative reconsideration, the administrative reconsideration organ shall, at the same time, order the respondent to return the property, lift the sealing, seizure or freezing measures of the property, or compensate the corresponding price when deciding to revoke or partially revoke the fine, revoke or partially revoke the administrative acts such as illegal fundraising, confiscation of property, expropriation and requisition, apportionment of expenses, and sealing, seizure or freezing of property.
Article 73: Where the parties reach an agreement through mediation, the administrative reconsideration organ shall draft an administrative reconsideration mediation document, which shall have legal effect if it is signed or sealed by all parties and affixed with the seal of the administrative reconsideration organ.
If the mediation fails to reach an agreement or one party repents before the mediation agreement takes effect, the administrative reconsideration organ shall examine or make an administrative reconsideration decision in a timely manner in accordance with the law.
Article 74: The parties may voluntarily reach a settlement before an administrative reconsideration decision is made, and the content of the settlement must not harm the national interest, the societal public interest, or the lawful rights and interests of others, and must not violate the mandatory provisions of laws and regulations.
After the parties reach a settlement, the applicant shall withdraw the application for administrative reconsideration to the administrative reconsideration agency. If an administrative reconsideration organ approves the withdrawal of an application for administrative reconsideration or the administrative reconsideration organ decides to terminate the administrative reconsideration, the applicant may not submit an application for administrative reconsideration again on the same facts and grounds. However, the applicant can prove that the withdrawal of the application for administrative reconsideration is contrary to his true will.
Article 75: When an administrative reconsideration organ makes an administrative reconsideration decision, it shall prepare an administrative reconsideration decision document and affix the seal of the administrative reconsideration organ.
Once the administrative reconsideration decision is served, it will take legal effect.
Article 76: In the course of handling an administrative reconsideration case, if an administrative reconsideration organ discovers that the relevant administrative act of the respondent or other lower-level administrative organ is illegal or improper, it may issue an administrative reconsideration opinion to it. The relevant organs shall, within 60 days from the date of receipt of the administrative reconsideration opinions, report to the administrative reconsideration organs the circumstances of correcting the relevant illegal or improper administrative acts.
Article 77: The respondent shall perform the administrative reconsideration decision, mediation document, and opinion document.
If the respondent fails to perform or delays the performance of the administrative reconsideration decision, mediation document, or opinion document without justifiable reasons, the administrative reconsideration organ or the relevant administrative organ at a higher level shall order it to perform within a time limit, and may interview the relevant responsible person of the respondent or circulate a notice of criticism.
Article 78: Where an applicant or a third party fails to prosecute within the time limit and fails to perform on an administrative reconsideration decision or mediation document, or fails to perform on an administrative reconsideration decision of a final award, it shall be handled in accordance with the following provisions:
(1) The administrative reconsideration decision to uphold the administrative act shall be enforced by the administrative organ that took the administrative act in accordance with law, or apply to the people's court for compulsory enforcement;
(2) The administrative reconsideration decision to modify the administrative act shall be enforced by the administrative reconsideration organ in accordance with law, or apply to the people's court for compulsory enforcement;
(3) The administrative reconsideration mediation document shall be enforced by the administrative reconsideration organ in accordance with law, or shall apply to the people's court for compulsory enforcement.
Article 79: On the basis of the disclosure of the administrative acts for which administrative reconsideration is applied, administrative reconsideration organs shall disclose the administrative reconsideration decision to the public in accordance with the relevant provisions of the State.
When a local people's government at or above the county level handles an administrative reconsideration case in which the work department of the people's government at the same level is the respondent, it shall simultaneously copy the legally effective administrative reconsideration decision or opinion to the competent department at the next higher level of the respondent.
Chapter VI: Legal Responsibility
Article 80: Where administrative reconsideration organs do not perform their administrative reconsideration duties in accordance with the provisions of this Law, they shall give warnings, demerits, or major demerits to the responsible leaders and directly responsible personnel in accordance with law; Where corrections are still not made after being urged to do so by the organ with the authority to supervise, or serious consequences are caused, sanctions of demotion, removal, or expulsion are to be given in accordance with law.
Article 81: Where a staff member of an administrative reconsideration organ commits irregularities for personal gain or commits other acts of dereliction of duty or dereliction of duty in the course of administrative reconsideration activities, he shall be given a warning, a demerit, or a major demerit in accordance with law; where the circumstances are serious, sanctions of demotion, removal, or expulsion are to be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 82: Where the respondent violates the provisions of this Law by not submitting a written reply or by not submitting evidence, basis and other relevant materials for taking an administrative act, or obstructing or covertly obstructing citizens, legal persons or other organizations from applying for administrative reconsideration in accordance with law, the responsible leaders and directly responsible personnel shall be given warnings, demerits, or major demerits in accordance with law; where retaliation is carried out, sanctions of demotion, removal, or expulsion are to be given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 83: Where the respondent fails to perform or delays the performance of the administrative reconsideration decision, mediation document, or opinion document without justifiable reasons, the responsible leaders and directly responsible personnel shall be given warnings, demerits, or major demerits in accordance with law; and where performance is still refused after being ordered to perform, sanctions of demotion, removal, or expulsion are to be given in accordance with law.
Article 84: Anyone who refuses or obstructs the investigation and collection of evidence by administrative reconsideration personnel, and intentionally disrupts the order of administrative reconsideration work, shall be given sanctions or public security administrative penalties in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 85: Where administrative organs and their staffs violate the provisions of this Law, the administrative reconsideration organs may transfer factual materials on the relevant personnel's violations to the Supervision Organs or the organs or units for the appointment and removal of public employees, and the Supervision Organs or the organs or units for the appointment and removal of public employees that accept the transfer shall handle it in accordance with law.
Article 86: In the course of handling administrative reconsideration cases, administrative reconsideration organs shall transfer them to the Supervision Organs in accordance with relevant provisions if they discover leads on suspected corruption, bribery, dereliction of duty, or other violations or crimes abusing public office by public employees, and the Supervision Organs are to investigate and handle them in accordance with law.
Chapter VII Supplementary Provisions
Article 87: Administrative reconsideration organs shall not charge any fees to applicants when accepting applications for administrative reconsideration.
Article 88: Where there are no provisions in this Law for the calculation of the period for administrative reconsideration and the service of administrative reconsideration documents, the provisions of the "Civil Procedure Law of the People's Republic of China" on time period and service shall be followed.
The provisions of this Law on "three days", "five days", "seven days" and "ten days" during the administrative reconsideration period refer to working days, excluding statutory holidays.
Article 89: This Law applies to foreigners, stateless persons, and foreign organizations applying for administrative reconsideration within the territory of the People's Republic of China.
Article 90: This Law takes effect on January 1, 2024.