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

e reconsideration applied in accordance with law, or fails to transfer an application for administrative reconsideration according to the relevant provisions, or fails to make an administrative reconsideration decision within statutory time limit, the persons in charge directly responsible and the other directly responsible persons shall, according to law, be given administrative sanctions such as warning, demerit record, or heavy demerit record; if an administrative reconsideration organ still refuses to accept the administrative reconsideration application after being ordered to accept the application or transferring the application out in accordance with the relevant provisions causes serious consequences, they shall, according to law, be given administrative sanctions such as being demoted, being dismissed from post,or being discharged.

　　Article 35 If any staff member of an administrative reconsideration organ in administrative reconsideration activities, practices favoritism for personal interests or commits any other acts of jobbery and misfeasance, he shall , according to law, be given an administrative sanction such as warning, demerit record or heavy demerit record; if the circumstance is serious, he shall, according to law, be given an administrative sanction such as being demoted, being dismissed from post,or being discharged; if a crime is constituted, he shall be investigated for criminal responsibility according to law.

　　Article 36 If the respondent of the application, in violation the provisions of this Law, fails to reply in written or fails to provide evidence, grounds, and other relevant materials for a specific administrative act, or obstructs or disguised obstructs a citizen, legal person or any other organization to apply for administrative reconsideration, the persons in charge directly responsible and the other directly responsible persons shall, according to law, be given administrative sanctions such as warning, demerit record, heavy demerit record; anyone who conduct retaliation shall, according to law, be given an administrative sanction such as being demoted, or being dismissed from post, being discharged; anyone who commits a crime shall be investigated for criminal responsibility according to law.

　　Article 37 If the respondent of the application fails to perform or delays, without due reasons, performing an administrative reconsideration decision,

the persons in charge directly responsible and the other directly responsible persons shall, according to law, be given administrative sanctions such as warning, demerit record, or heavy demerit record; if the respondent of the application still refuses to perform after being ordered to perform, they shall, according to law, be given administrative sanction such as being demoted, being dismissed from post, or being discharged.

　　Article 38 If an office responsible for legal affairs of an administrative reconsideration organ finds the circumstances, such as refusing to accept an application for administrative reconsideration without due reasons, failing to make an administrative reconsideration decision within a prescribe time limit, practicing favoritism for personal interests attacking an applicant in retaliation, or failing to perform an administrative reconsideration decision, the Institute shall put forward a proposal to a relevant administrative organ, and the relevant administrative organ shall deal with the circumstances in accordance with the provisions of this Law, the relevant laws and administrative regulations.

　　Chapter VII Supplementary Provisions

　　Article 39 An administrative reconsideration organ shall not charge any fees for accepting an application for administrative reconsideration to an applicant. Fees for administrative reconsideration shall be absorbed into administrative fees of the administrative reconsideration organ and be guaranteed by the government budget at the same level.

　　Article 40 The count of administrative reconsideration period and the serving of administrative reconsideration documents shall be executed according to the provisions of the Civil Procedure Law concerning the time and the serving.

　　"5 days" and "7 days" in the provisions related to administrative reconsideration period prescribed in this Law refers to workdays, not including holidays.

　　Article 41 If foreigners, stateless persons, or foreign organizations are engaged in administrative reconsideration in the People's Republic of China, this Law shall be applied.

　　Article 42 If the provisions on administrative reconsideration in other laws promulgated before this Law comes into force do not conform with the provisions in this Law, the provisions in this Law shall prevail.

　　Article 43 This Law shall come into force on October 1, 1999.Regulations on Administrative Reconsideration promulgated by the State Council on December 24, 1990 and revised and re-promulgated by the State Council on October 9, 1994 shall simultaneously be annulled

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/