行政复议条例（二）

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

　　Article 33 The written application shall contain the following contents：

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

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

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

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

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

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

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

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

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

　　Article 36 Except as otherwise provided by the laws and regulations， in circumstances where， in accordance with the provisions of pertinent laws and regulations， a person concerned shall first apply to an administrative organ for reconsideration and then bring a suit before a people's court if the person concerned does not accept the reconsideration decision， if the applicant does not accept the decision made by the administrative organ for reconsideration to reject the application， the applicant may， within 15 days from the date of receiving the written decision on the rejection of the application， bring a suit before the people's court.

　　Chapter VII Hearing and Decision

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

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

　　Article 39 In the course of hearing a reconsideration case， execution of the specific administrative act shall not be suspended. Howev

er， under one of the following circumstances， the execution of the specific administrative act may be suspended：

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

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

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

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

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

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

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

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

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

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

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

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

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

　　（a） ambiguity of the main facts；

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

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

　　（d） excess of authority or abuse of powers；

　　（e） obvious inappropriateness of the specific administrative act.

　　Article 43 Where in the course of reviewing a specific administrative act， an administrative organ for reconsideration finds that the rules， or decisions and orders with a general binding force， which serve as the basis for a specific administrative act， are in conflict with the laws， regulations and rules or， other rules， decisions and orders with a general binding force， the competent administrative organ for reconsideration shall， within its scope of functions and powers， decide on their nullification or change according to

law.

　　Where the administrative organ for reconsideration deems that the rules or decisions and orders with a general binding force， which serve as the basis for a specific administrative act， are in conflict with the laws， regulations and rules， or other rules， decisions and orders with a general binding force， but the administrative organ for reconsideration has no power to handle the case， then this case shall be reported to the administrative organ at a higher level. The administrative organ at a higher level which has the power to handle the case， shall handle it according to law； if the administrative organ at a higher level does not have the power to handle the case， the case shall be submitted to an organ which has the power to handle it. In the course of the handling of the case， the administrative organ for reconsideration shall cease its hearing of the said case.

　　Article 44 Where a specific administrative act， undertaken by the defending party of an application for reconsideration， infringes upon the lawful rights and interests of the applicant and causes damage， and the applicant claims a compensation， the administrative organ for reconsideration may instruct the defending party of an application for reconsideration to make the compensation in accordance with the provisions of the pertinent laws and regulations.

　　After making the compensation， the defending party shall instruct those working personnel of the administrative organ， who have committed intentional or gross mistakes in the case， to bear part or all of the damages.

　　Article 45 While making its reconsideration decision， the administrative organ for reconsideration shall prepare a written reconsideration decision. The written reconsideration decision shall indicate the following items：

　　（1） T

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