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

ay of acceptance of the application for administrative reconsideration. The respondent of the application shall reply in written within 10 days from the day of the receipt of the duplicate of the application form or the copy of the transcript of acceptance, and provides the evidence, grounds, and

other relevant documents, on the basis of which the specific administrative act has been undertaken.

　　The applicant and the third party may consult the reply in written and the evidence, grounds, and other relevant materials, on the basis of which the specific administrative act has been undertaken, and the administrative reconsideration organ shall not refuse the requirement except that those involve State secrets, business secrets, or the private affairs of individuals.

　　Article 24 In the proceeding of administrative reconsideration, the respondent of the application shall not collect evidence from the applicant and other organizations or individuals concerned by himself.

　　Article 25 Before a decision of administrative reconsideration is made, the applicant who applies for the withdrawal of the application for administrative reconsideration may withdraw his application after stating grounds, and the administrative reconsideration ceased in case of the withdrawal of the administrative reconsideration application.

　　Article 26 If the applicant applies for reviewing the relevant provisions listed in Article 7 of this Law, along with the application for administrative reconsideration, and the administrative reconsideration organ has the authority to handle the provisions, the administrative reconsideration organ shall make a decision in accordance with law within 30 days; if the administrative reconsideration organ has no authority to handle the provisions, it shall transfer, in accordance with the legal procedures, to the administrative organ who has the authority to handle them within 7 days. During the period of handling, the specific administrative act shall be suspended to execute.

　　Article 27 In examining a specific administrative act undertaken by the respondent of the application, the administrative reconsideration organ considers the grounds, on the basis of which the specific administrative act has been undertaken, are illegal, if the administrative reconsideration organ has the authority to handle them, the organ shall, in accordance with law, handle them within 30 days; if the administrative reconsideration organ has not authority to handle them, the organ shall transfer the application to the State organ who has authority to handle them within 7 days according to the legal procedure. During the period of handling, the specific administrative act shall be suspended to execute.

　　Article 28 The office responsible for legal affairs of an administrative reconsideration organ shall examine the specific administrative act undertaken by the respondent of the application, put forward its opinions and make the decision of administrative reconsideration after the approval of the responsible persons of the administrative reconsideration organ or the assent after the group discussion, in accordance with the following provisions:

　　(1) if the facts are clearly ascertained by a specific administrative act, the evidence for the act is conclusive, the application of grounds is correct, the procedure is legal, and the content of the act is proper, the specific administrative reconsideration act shall be sustained by decision;

　　(2) the applied who fails to perform the statutory duties shall be required to perform the duties within a fixed time by decision;

　　(3) if a specific administrative act has been undertaken in one of the following circumstances, the act shall be annulled, altered, or confirmed as illegal by decision; if the specific administrative act is altered, or confirmed as illegal by decision, the applied may be ordered to undertake a specific administrative act anew within a fixed time:

　　a. ambiguity of essential facts, and inadequacy of evidence;

　　b. erroneous application of grounds;

　　c. violation of legal procedures;

　　d. excess of authority or abuse of powers;

　　e. obvious inappropriateness of the s

pecific administrative act.

　　(4) if the respondent of the application fails to reply in written, or provide the evidence, grounds, and other relevant materials for a specific administrative act that has been undertaken, the specific administrative act shall be considered to have no evidence and grounds and be annulled by decision.

　　If an administrative reconsideration organ orders the respondent of the application to undertake a specific administrative act anew, the respondent of the application must not, based on the same fact and reason, undertake a specific administrative act identical or essentially identical with the original specific administrative act.

　　Article 29 An applicant may put forward the request for administrative compensation along with applying for administrative reconsideration, and in cases where damages shall be paid in accordance with the relevant provisions of the State Compensation Law, the administrative reconsideration organ shall make a decision to order the respondent of the application to pay the damages according to law, simultaneous with a decision to annul or alter the specific administrative act or to confirm the specific administrative act as illegal.

　　If in applying for administrative reconsideration, an applicant does not apply for administrative compensation, an administrative reconsideration organ shall order the respondent of the application to return the property, abolish the measures of sealing up, seizing, or freezing the property, or compensate the corresponding amount, simultaneous with making a decision to annul or alter a fine, or to annul a specific administrative act, such as illegally raising funds, confiscating property, levying property, apportioning charge, and sealing up, seizing, or freezing property.

　　Article 30 If a citizen, legal person, or any other organization considers that a specific administrative act of an administrative organ has infringed upon his or its ownership and right to use, which are acquired according to law, of natural resources, such as land, mineral resources, rivers, forests, mountains, grasslands, unreclaimed land, beaches, maritime waters, he or it shall first apply for administrative reconsideration and then bring a suit before a people's court according to laws if he or it refuses to accept the administrative reconsideration decision.

　　According to the decisions of the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the Central Government to prospect and confirm or adjust administrative divisions into districts, or to requisition lands, an administrative reconsideration decision, which is made by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, to confirm ownership and right to use of natural resources, such as land, mineral resources, rivers, forests, mountains, grasslands, unreclaimed land, beaches, maritime waters, is a final riling.

　　Article 31 An administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the day of acceptance of application, except for the circumstances where the time of administrative reconsideration set in laws is shorter than 60 days. If circumstances are complex, and an administrative reconsideration organ fails to make a decision within the prescribed time limit, the responsible persons of the administrative reconsideration organ may approve an proper extension of the time limit within 30 days, and the extension of the time limit shall be informed to the applicant and the respondent of the application.

　　An administrative reconsideration organ that makes an administrative reconsideration decision shall draw up a written administrative reconsideration decision on which the organ shall stamp a seal.

　　Once thew written administrative reconsideration decision is serve

d, the decision is instantly legally effective.

　　Article 32 The respondent of the application shall perform the administrative reconsideration decision. If the respondent of the application does not perform or delays performing the administrative reconsideration decision without due reasons, the administrative reconsideration organ or an relevant administrative organ at higher level shall order the respondent of the application to perform the decision within a fixed time.

　　Article 33 An applicant, who fails to bring a suit by the expiration of the time limit and does not perform an administrative reconsideration decision or an administrative reconsideration decision as final ruling, shall be disposed respectively according to the following provisions:

　　(1) an administrative reconsideration decision to sustain a specific administrative act shall be executed compulsorily, in accordance with law, by an administrative organ that has undertaken the specific administrative act, or be applied to a people's court for compulsory execution;

　　(2) an administrative reconsideration decision to alter a specific administrative act shall be executed compulsorily, in accordance with law, by the administrative reconsideration organ, or be applied to a people's court for compulsory execution.

　　Chapter VI Legal Responsibility

　　Article 34 If an administrative reconsideration organ, in violation of the provisions of this Law, refuses to accept, without due reasons, an application for administrativ

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