行政复议条例（二）

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

　　（2） The name and address of the defending party of an application， the name and posit in of its legal representative；

　　（3） The main claims and reasons for the application for reconsideration；

　　（4） The facts and reasons， as established by the administrative organ for reconsideration；

　　and the laws， regulations and rules as well as the decisions and orders with a general binding force applied；

　　（5） The conclusion of the reconsideration；

　　（6） The time limit for bringing a suit before the people's court if the applicant does not accept the reconsideration decision； or the time limit for the parties to execute the final decision on the reconsideration case；

　　（7） The date （year， month， day） on which the reconsideration decision is made.

　　The written decision on the reconsideration case shall be signed by the legal representative of the administrative organ for reconsideration， with the official seal of the administrative organ for reconsideration affixed to it.

　　Article 46 The administrative organ for reconsideration shall， within two months after the day of receiving the reconsideration application， make its reconsideration decision， except as otherwise provided for in the laws and regulations.

　　Once the written reconsideration decision is served on the parties concerned， it shall become legally effective.

　　Article 47 With the exception that the reconsideration is final as provided for by law， an applicant who does not accept a reconsideration decision may， within 15 days from the day of receiving the written decision， or within other time limits as prescribed by the laws and regulations， bring a suit before the people's court.

　　Where an applicant neither initiates a suit before the people's court， nor implement the reconsideration decision within the time limit， the case shall be dealt with according to different conditions：

　　（1） With respec

t to a reconsideration decision sustaining the original specific administrative act， the administrative organ， which has originally undertaken the specific administrative act， shall apply to the people's court for compulsory execution， or proceed with compulsory execution according to law；

　　（2） With respect to a reconsideration decision changing the original specific administrative act， the administrative organ for reconsideration shall apply to the people's court for compulsory execution， or proceed with compulsory execution according to law.

　　Chapter VIII Time Periods and Service

　　Article 48 Time periods shall be counted by the hour， the day， and the month. The hour and the day from which a time period begins shall not be counted as within the time period.

　　If the expiration date of a time period falls on a holiday， then the day immediately following the holiday shall be regarded as the expiration date.

　　A time period shall not include travelling time.

　　Article 49 The service of a written reconsideration decision must be certified by a certificate of service， on which the date of receipt shall be indicated by the recipient of the service and his signature or seal shall be affixed.

　　The date of receipt indicated on the certificate of service by the recipient of the service， shall be the date of service.

　　With respect to service by mail， the date indicated in the receipt of registered mail shall be the date of service.

　　Article 50 When a written reconsideration decision is served by the administrative organ for reconsideration， it shall be delivered directly to the recipient of service； if the recipient of service is absent， it shall be delivered to an adult family member living together with him/her， or to the unit to which he/she belongs， for a signed receipt； if the person has designated an agent to receive it for him， then the written decision shall be delivered to the agent for a signed receipt； if the person is a legal person or other organization， the written decision shall be delivered to its reception office for a signed receipt.

　　In case that the recipient of service refuses to receive the written reconsideration decision， the person serving the decision shall invite persons concerned to be present on the scene， explain the situation to them， record in the certificate of service the reasons for and the date of the refusal， and the certificate of services shall be signed or sealed by the person serving the decision， and the witnesses， then the written decision shall be left at the residence or at the reception office， the service shall be deemed as completed.

　　Article 51 The administrative organ for reconsideration may entrust other administrative organs with the service of are consideration decision or making the service by mail.

　　Chapter IX Legal Responsibility

　　Article 52 In case that the defending party of an application for reconsideration refuses to implement are consideration decision， the administrative organ for reconsideration may directly impose administrative sanctions on the legal representative of the defending party， or suggest that the department concerned should do so.

　　Article 53 In case that the personnel handling reconsideration cases have neglected their duties or bent the law for the benefit of themselves， the administrative organ for reconsideration， or other competent departments concerned， shall criticize and admonish them， or impose administrative sanctions on them； if the case is serious enough to constitute a crime， criminal responsibilities shall be investigated according to law.

　　Article 54 In case that participants in a reconsideration case， or other persons concerned， refuse or hamper， without resorting to violence or threats， the personnel handling reconsideration cases from executing their duties according to law， which the organs of public security sh

all， in accordance with the provisions of Article 19 in the Regulations of the People's Republic of China on the Administration Penalties for Public Security， impose on the aforesaid persons detention for not more than 15 days， or a fine of 200 yuan （RMB） or less， or a warning. With respect to those who have resorted to violence or threat to hamper the personnel handling reconsideration cases from executing their duties， their criminal responsibilities shall be investigated according to law.

　　Chapter X Supplementary Provisions

　　Article 55 These Regulations shall apply to the resorting to administrative reconsideration by foreigners， stateless persons， or foreign organization engaged in administrative reconsideration in the People's Republic of China， except as otherwise provided for by the laws and regulations.

　　Article 56 The Bureau of Legislative Affairs of the State Council shall be responsible for the interpretation of these Regulations.

　　Article 57 These Regulations shall become effective as of January 1， 1991

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