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Working
Rules of Shenzhen Municipal People' s
Government on Administrative Review
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Article
1 These
Rules are formulated pursuant to
the Administrative
Review Law, with
the purpose of adapting to the need of administrative review
work of Shenzhen Municipality,
defining duties, functions and
work procedures of the
organization for administrative review and review agencies of
the Municipal People' s
Government of Shenzhen (hereinafter referred to as "Municipal
Government" ),
raising working efficiency for review, and conducting reviews
accurately, timely and justly.
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Article
2 The
Municipality Government is the administrative review organ,
which accepts applications for review,
and shall, according to "Administrative
Review Law" ,
conduct reviews over the specific administrative acts and make
relevant review decisions. The
Office of Administrative Review
of Municipal Government is the review agency of Shenzhen
Municipality,
which practically performs the duties and
functions provided in Article3 of "Administrative
Review Law" ,and
shares offices with the Bureau of Legislative Affairs of
Shenzhen Municipality. The chief and
deputy director of the
Bureau of Legislative Affairs of Shenzhen Municipality
separately hold concurrent
post as chairman and vice-chairman of
the Office of Review of Municipal Government.
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Article
3 Mayor
of Shenzhen Municipality is the legal representative of the
municipal administrative review
organ, who shall make decisions
on conducting reviews and relevant affairs about review work,
and
may, according to these rules, authorize Deputy mayor or
chairman of the Office of Review of Municipal Government
to
handle relevant affairs about review.
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Article
4 The Office
of Review of Municipal Government
shall submit the cases involving any one of the following
circumstances
to Mayor to make decisions:
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(1)
Mayor or Deputy Mayor concurrently holds the leadership post of
the applied government department;
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(2)
The specific administrative act is undertaken on the basis of
the decision of Municipal Government;
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(3)
Other significant review cases which are obliged to be submitted
to Mayor to make decisions.
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Mayor
may authorize Deputy Mayor to handle the cases mentioned above
with chairman of the Office
of Review of Municipal Government.
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Article 5 Mayor may authorize the Office
of Review of Municipal Government to handle other
cases for review excluding those provided in Article 4 in these
rules and
make decisions in the name of Municipal Government.
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Article
6
The Office of Review of Municipal Government
shall, representing Municipal Government, practically take in
charge of daily affairs as the following:
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(1)
Accepting visitors and answering the questions concerning
administrative review;
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(2)
Receiving and examining applications filed to Municipal
Government by applicants, and deciding
to accept it or not;
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(3)
Being in charge of the overall investigation and trial of review
cases;
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(4)
Deciding to suspend review, extend the time limit for review and
stop executing specific administrative
acts;
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(5)
Receiving, putting forward and transferring the review opinions
and applications review to relevant
provisions, on which a
specific administrative act bases, according to Article 26 and
Article 27
of the
Administrative
Review Law;
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(6)
Reviewing the relevant provisions taken as the basis for a
specific administrative act which
the Municipal Government has
right to conduct, and putting forward the treatment opinions or
handling
in name of the Municipal Government;
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(7)
Putting forward opinions about review decision in respect to the
cases specified in Article
4 of these rules, and submitting the
opinions to the Municipal Government;
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(8)
Making decisions on behalf of the Municipal Government according
to Article5 of these rules;
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(9)
On behalf of the Municipal Government, ordering the function
department established under the
Municipal Government or the
People' s Government of district to accept review applications
in case
he refuses to accept without reasonable ground, or
directly accepting the review applications when necessary;
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(10)
On behalf of the Municipal Government, ordering the applicant to
perform the decision made
by the Municipal Government within
limited time in case he refuses to perform or delays
performing without reasonable ground;
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(11)
On behalf of the Municipal Government, organizing the relevant
departments to enforce the
review decision, or applying to the People' s
Count for compulsory execution in case an applicant, within the time
limit, neither files a lawsuit to the people's court, nor
implement the review decision of
the Municipal Government
changing the original
specific administrative act;
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(12)
Putting forward suggestions on dealing with the illegal act
undertaken by administrative organs
or their officials in
violation of the Administrative Review Law;
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(13)
Other affairs of administrative review;
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(14)
Dealing with the affairs concerning responding to administrative
action raised by applicant,
who is not satisfied with review
decision made
by the Municipal Government;
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(15)
Directing departments of the Municipal Government and the
People' s Government of all districts
to fulfill the work of
administrative review and response to administrative action.
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Article 7 Applications
requiring review of relevant provisions on which specific
administrative acts base
shall be dealt with respectively as
following:
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(1)
An application, requiring a review of provisions formulated by a
department of the State Council
or the Provincial People' s
Government, shall be transferred by the Office
of Review of Municipal Government
in name of the Municipal Government to the state organ which has
power to handle it;
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(2)
In case an application requires a review of provisions
formulated by the Municipal Government
or its department or a
district of the People' s Government, the Office
of Review of Municipal Government shall conduct the review, put
forward handling opinions
and report them to the Municipal
Government, which
shall
handle the review application within 30 days from the date of
receiving the application.
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(3)
In case an
application requires a review of provisions formulated by the
People' s Government of Town, the
Office
of Review of Municipal Government and the People' s
Government of District shall conduct the review and handle the
application within 30 days from
the date of receiving the
application. In handling the application, the People' s Government of district shall
inform the Office of Review of Municipal Government of the
review decision in written.
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Article
8 When，in
the course of reviewing an
administrative review application, the Office for Review of
Municipal Government considers that the basis
of a specific administrative act, which is one of laws, rules,
regulations, or orders formulated
by the State, is illegal, it
shall handle the case in accordance with relevant state
provisions;
if the basis is an order formulated by the State
Department, an order of the People' s
Government of all levels above county or their departments, or
an order of the People' s
Government of Town, it shall be handled according to Article7 of
these rules.
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Article
9 When
relevant department or the department in charge of personnel or
supervision receives the suggestions
of disposal put forward by
the Office for Review of Municipal Government according to
item12, Article6
of these rules, it shall handle the suggestions
according to law within 60 days and shall inform the Office for
Review of Municipal Government of the handling result.
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Article10
As
respect to the cases of review which are subject
to be decided by Mayor according to these rules, the Office for
Review of Municipal Government shall submit the materials of the
settled cases to Mayor to review and decide
within 45 days from
the date of receiving the applications. And Mayor shall make
decisions within
15 days from the date of receiving the
materials of the cases.
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Article 11 In
case the Office of Review of Municipal Government shall handle
the cases of review and make decision on them in name of the
Municipal Government according to these rules, decision for
review shall be made within 60 days
from the date of accepting
the review application. If it is necessary, the time limit may
be extended
with approval of the person in charge of the Office
for Review of Municipal Government , but extension shall not
exceed 30 days at the longest.
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Article 12 Written
decisions and other documents of review shall be printed
uniformly by the Office for Review
of Municipal Government, and
be served separately to the litigants.
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Article 13 Written
review decisions, written decisions of dismissal for
consideration and written decisions
of suspending execution of
the specific administrative acts shall be affixed with the "Special
Seal for Review of the People' s
Government of Shenzhen Municipality" ;
other
documents for review shall be affixed with the "Special
Seal of the Office for Review of Municipal Government for
handling cases" .
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Article 14 Funds
for the Office for Review of Municipal Government handling the
cases for review and responding
to prosecution shall be listed
in budge and be guaranteed by Municipal Financial Department.
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Article 15
The Office for Review of Municipal Government shall
be in charge of the interpretation of these rules. |
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Article 16 These
rules shall become effective as of the promulgation. |
