Procedures for Handling the Administrative Reconsideration Cases of Tianjin Municipal People's Government

 2018-06-15  60


Notice of the General Office of Tianjin Municipal People's Government on Several Issues concerning the Procedures for Handling the Administrative Reconsideration Cases of Tianjin Municipal People's Government


· Document Number:No. 67 [2015] of the General Office of Tianjin Municipal People's Government

· Area of Law: Culture

· Level of Authority: Local Regulatory Documents

· Date issued:08-31-2015

· Effective Date:08-31-2015

· Status: Effective

· Issuing Authority: People's Government of Tianjin Municipality

 

Notice of the General Office of Tianjin Municipal People's Government on Several Issues concerning the Procedures for Handling the Administrative Reconsideration Cases of Tianjin Municipal People's Government
(No. 67 [2015] of the General Office of Tianjin Municipal People's Government)
The people's governments of all districts and counties;all commissions and bureaus; and all entities directly under Tianjin Municipal People's Government:
In accordance with the provisions of Article 3 of the Administrative Reconsideration Law of the People's Republic of China and Article 3 of the Regulation on the Implementation of the Administrative Reconsideration Law of the People's Republic of China (Order No. 449, State Council),the institution in charge of legal affairs under an administrative reconsideration organ shall handle specific administrative reconsideration matters. In order to guarantee the comprehensive implementation of the Administrative Reconsideration Law, promote the administration by law of administrative organs in the whole Municipality, and further regulate the relevant procedures for handling administrative reconsideration cases, with the approval of Tianjin Municipal People's Government, you are hereby notified of the relevant matters as follows:
I. Where an administrative reconsideration application filed with Tianjin Municipal People's Government that fails to meet the statutory requirements shall not be accepted or is dismissed in accordance with the law, the Legal AffairsOffice of Tianjin Municipality shall be authorized to handle the relevant matters in accordance with the law.
II. Where an administrative reconsideration application filed with Tianjin Municipal People's Government meets the statutory requirements, the Legal AffairsOffice of Tianjin Municipality shall be authorized to handle the relevant matters under the following procedures:
(1) Where, upon examination of the Legal AffairsOffice of Tianjin Municipality, a case shall be accepted or the administrative reconsideration maintenance decision thereon shall be made in accordance with the law, the Legal AffairsOffice of Tianjin Municipality shall be authorized to handle the case if it is a general administrative reconsideration case; or the case shall be reported to the leaders of Tianjin Municipal People's Government for approval if it is a mass case in which there are more than ten administrative reconsideration applicants, or a case in which theperson in charge of an administrative organ may need to appear in court to respond to the lawsuit after administrative reconsideration, or any other large case; or the case shall be reported to the Mayor for approval if it is a major, complex or sensitive case which has impact on the whole Municipality.
(2) Where, upon examination of the Legal AffairsOffice of Tianjin Municipality, the decision on revoking, changing or affirming the illegality of any illegal administrative act shall be made, or the liable persons shall be ordered to perform statutory duties within a prescribed time limit in accordance with the law, the case shall be reported to the leaders of Tianjin Municipal People's Government for approval.
(3) Where, upon examination of the Legal AffairsOffice of Tianjin Municipality, a mediation paper shall be prepared or a decision on termination shall be made in accordance with the law, the case shall generally no longer be reported to Tianjin Municipal People's Government for approval.
III. The matters which only involve the procedures forhandling administrative reconsideration cases, such as postponement or suspension, shall generally be handled by the Legal AffairsOffice of Tianjin Municipality in accordance with the law. However, where any issues concerning the procedures for handling major or sensitive cases are involved, the Legal AffairsOffice of Tianjin Municipality shall request instructions from Tianjin Municipal People's Government in a timely manner.
IV. For the administrative reconsideration cases accepted and abstract administrative acts examined by Tianjin Municipal People's Government, the relevant administrative organs shall, in strict accordance with the provisions of the Administrative Reconsideration Law, give written replies in a timely manner, provide evidence, bases and other relevant materials, and cooperate with the Legal AffairsOffice of Tianjin Municipality in the handling of administrative reconsideration matters.
V. The information on the handling of administrative reconsideration cases by Tianjin Municipal People's Government shall be reported by the Legal AffairsOffice of Tianjin Municipality to the leaders of Tianjin Municipal People's Government on a regular basis.
VI. This Notice shall come into force on August 31, 2015. The Notice on Several Issues concerning the Procedures for Handling of Administrative Reconsideration Cases by Tianjin Municipal People's Government (Order No. 61 [2008], General Office of Tianjin Municipal People's Government) issued by the General Office of Tianjin Municipal People's Government on June 12, 2008 shall be repealed concurrently.
General Office of Tianjin Municipal People's Government
August 31, 2015