中华人民共和国行政复议法 ADMINISTRATIVE RECONSIDERATION LAW OF THE PEOPLES REPUBLIC OF CHINA

plicant, claims of the administrative reconsideration, and main facts, grounds and time on which the application for administrative reconsideration is based.

　　Article 12 An applicant, who refuses to accept a specific administrative act of the departments under local people's governments at or above the county level may apply for administrative reconsideration to the people's government at the same level; an applicant may also apply for administrative reconsideration to the competent authority at the next higher level.

　　An applicant, who refuses to accept a specific administrative act of an administrative organ, who carries out vertical management system, such as Customs, banking, tax collection, foreign exchange control, or by a State security organ, shall apply for administrative reconsideration to the competent authority at the next higher level.

　　Article 13 A citizen, legal person, or any other organization that refuses to accept a specific administrative act of local people's governments at various levels shall apply for administrative reconsideration to the local people's government at the next higher level.

　　An applicant who refuses to accept a specific administrative act of a local people's government at the county level, which belongs to a dispatched organ legally established by a people's government of a province or an autonomous region, shall apply for administrative reconsideration to the dispatched organ.

　　Article 14 A citizen, legal person, or any other organization that refuses to accept a specific administrative act of a department under the State Council, or the people's government of a province, an autonomous region, or a municipality directly under the Central Government, shall apply for administrative reconsideration to the department under the State Council, or the people's government of the province, the autonomous region, or the municipality directly under the Central Government that undertook the specific administrative act. The applicant who refuses to accept the administrative reconsideration decision may bring a suit before a people's court; or apply to the State Council for

a ruling, and the State Council shall make a final ruling according to the provisions of this Law.

　　Article 15 A citizen, legal person, or any other organization, who refuses to accept a specific administrative act of an administrative organ or an organization, except for the administrative organs prescribed in Articles 12, 13, and 14 of this Law, shall apply for administrative reconsideration in accordance with the following provisions:

　　(1) an applicant, who refuses to accept a specific administrative act of a dispatched organ established by a local people's government at or above the county level, may apply for administrative reconsideration to the people's government that established the dispatched organ;

　　(2) an applicant, who refuses to accept a specific administrative act of a dispatched organ, established by departments under governments in accordance with the provisions in laws, regulations or rules, in its own name, shall apply for administrative reconsideration to the department who established the dispatched organ, or the local people's government at the same level with the department;

　　(3) an applicant who refuses to accept a specific act of an organization authorized by laws or regulations shall respectively apply for administrative reconsideration to the local people's government, the department under a local people's government, or the department under the State Council, who is directly in charge of the organization;

　　(4) an applicant who refuses to accept a specific act of two or more than two administrative organs in their common name shall apply for administrative reconsideration to their common administrative organ at a higher level;

　　(5) an applicant who refuses to accept a specific act of an abolished administrative organ shall apply for administrative reconsideration to the administrative organ at the next higher level than the administrative organ that carries on the exercise of functions and powers of the abolished organ.

　　Under one of the circumstances listed in the preceding paragraphs, the applicant may also apply for administrative reconsideration to the local people's government, in the locality of the specific administration act, at county level, and the local people's government at county level accepting the application shall handle the administrative reconsideration in accordance with the provisions of Article 18 of this Law.

　　Article 16 If a citizen, legal person or any other organization applies for administrative reconsideration, and an administrative reconsideration organ accepts the application in accordance with laws, or if, in accordance with relevant provisions of laws or regulations, he or it shall first apply to an administrative reconsideration organ for administrative reconsideration and then bring an administrative suit before a people's court, if he or it refuses to accept the reconsideration decision, he or it shall not bring an administrative suit before a people's court within the statutory time limit for administrative reconsideration.

　　If a citizen, legal person, or any other organization brings a suit before a people's court, and the people's court, in accordance with law, accepts the suit, he or it shall not apply for administrative reconsideration.

　　Chapter IV Acceptance of Administrative Reconsideration

　　Article 17 An administrative reconsideration organ shall, after receiving an application for administrative reconsideration, examine the application within five days, and it shall inform the applicant in written if it refuses to accept the application in circumstances where the application for administrative reconsideration does not comply with the provisions in this Law; it shall inform the applicant to apply to the relative administrative reconsideration organ if the application, not within the scope of administrative reconsideration applications acceptable to this organ,

comply with the provisions in this Law.

　　Except for the provisions in the preceding paragraph, an administrative reconsideration organ shall be considered to accept the administrative reconsideration application from the day when the office responsible for legal affairs receives the application.

　　Article 18 The people's government that, according to the provisions prescribed in the second paragraph of Article 15 of this Law, receives an administrative reconsideration application shall transfer an administrative reconsideration application that, according to the first paragraph of Article 15 of this Law, shall be accepted by another administrative reconsideration organ to the relative administrative reconsideration organ and inform the applicant within seven days from the day when it receives the administrative application. The administrative reconsideration organ that receives the transferred application shall handle it in accordance with the provisions of Article 17 of this Law.

　　Article 19 If, in accordance with relevant laws or regulations, a citizen, legal person or any other organization shall first apply to an administrative reconsideration organ for administrative reconsideration and then bring a suit before a people's court, the administrative reconsideration organ refuses to accept the application or fails to make a decision on the expiration of the time limit, the applicant may, in accordance with law, bring a suit before a people's court from the day when he or it receives a written refusal-of-acceptance decision or within 15 days after the time limit for administrative reconsideration expires.

　　Article 20 If a citizen, legal person, or any other organization applies to an administrative reconsideration organ for administrative reconsideration according to law, and the administrative reconsideration organ refuses to accept the application without due reasons, administrative organs at the higher level shall order it to accept the application and may also, if necessary, accept the application directly.

　　Article 21 During the time of administrative reconsideration, execution of the specific administrative act shall not be suspended. Execution of the specific administrative act may be suspended under one of the following circumstances:

　　(1) where suspension of execution is deemed necessary by the applied;

　　(2) where suspension of execution is deemed necessary by the administrative reconsideration organ;

　　(3) where suspension of execution is decided by the administrative reconsideration organ at the request of the applicant because the administrative reconsideration organ considers the request to be reasonable;

　　(4) where suspensions of execution is required by the provisions of laws.

　　Chapter V Decision of Administrative Reconsideration

　　Article 22 Administrative reconsideration shall, in principle, examine the application in written. Except for the circumstances where the applicant makes a require or the office responsible for legal affairs of the administrative reconsideration organ deems it necessary, the administrative reconsideration organ may investigate facts among the organizations and citizens concerned and listen to the views of the applicant, the respondent of the application, and the third party.

　　Article 23 The office responsible for legal affairs of the administrative reconsideration organ shall send a duplicate of the application form for administrative reconsideration or a copy of the transcript of the administrative reconsideration application to the respondent of the application within 7 days from the d

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