国务院关于贯彻实施《中华人民共和国行政复议法》的通知 Circular of the State Council on the Implementation of the Law of the Peo

nistrative cost of the administrative organ, and be provided by finance at the same level." Administrative reconsideration is a kind of self-correcting activity for administrative organs, to correct any mistake is obligation of administrative organs. All the departments concerned should uphold the principle of "serving people by heart", deal with the cases according to law, and claim no fee from the applicants. The cost of administrative reconsideration should be listed in normal administrative cost of the administrative departments. Financial departments should guarantee that. The administrative reconsideration outlay should be listed into a special list, and cannot be appropriated. Administrative reconsideration departments should safeguard that necessary equipment and working condition be provided.

　　5.Through implementing administrative reconsideration, strengthen establishing governmental legal system, improve administration according to law

　　The 15th Congress of the Party adopted the principle of governing the country according to law as the basic strategy of the Party in leading the people to govern the country, and ordered definitely that "all administrative organs should execute administration according to law". The Second Session of the Ninth National People's Congress passed an amendment to Constitution that "The People's Republic of China governs the country according to law, and making it a socialist country ruled by law." Administration is an organic part of rule by law. Strict administration by law is of vital importance to the realization of rule by law. "Report on Government Work" approved by the Second Session of the Ninth National People's Congress put forward that the government should strengthen legalization of administration, enforce legal supervision, advance legal administration; and one of the three important things for implementing basic strategy of rule by law is expressly defined as "administering strictly, constructing an honest, diligent efficient and realistic government". New circumstances require new tasks for lega

l work of the government. Governments at various levels and their organs should understand the significance of legal construction in the new period, put reinforcing legal construction in an important position, and list it in agenda. At present, through implementing administrative reconsideration law, the government should advance legalization, execution of law and supervision over it greatly.

　　Administrative reconsideration is a kind of work, which has a strong legal character, specialize to great degree, covers vast fields. An administrative organ, which has an intimate knowledge of law and is relatively detached, is needed to deal with administrative reconsideration. Administrative reconsideration law stipulates: " The administrative organs discharging administrative reconsideration duty are administrative reconsideration organs. The institutions of these organs are responsible for dealing with cases concerning administrative reconsideration. Their duties are as follows;(1) Accept application for administrative reconsideration; (2) Investigate related organizations and people, acquire necessary evidence, and consult documents and materials; (3) Examine specific administrative conduct concerning the application for administrative reconsideration, draw up decision on administrative reconsideration; (4) Deal with the application regulated by Article 7 of this Law, or forward it; (5) Made relevant suggestion towards administrative organs, which violate this Law; (6) Deal with the suits, which are caused by disagreeing with decision on administrative reconsideration; (7) Other duties prescribed by laws and regulations. According to these regulations, the working agencies of legal system in administrative organs should take important responsibility in administrative reconsideration. The implementation of administrative reconsideration and image of administrative organs hinge on completely and correctly implementing duties prescribed by administrative reconsideration law. Holding the principle of being highly responsible for people, the working agencies of legal system should take facts as basis, laws as criteria, and strictly discharge legal duties. Governments at or above the county level and their departments should follow the principles made by the State Council in strengthening the work of legal system in governmental structure reform, reinforce legal construction, establish a politics-sensitive, good style of working, and professional legal team. The setting of the working agencies of legal system and personnel should be adapted to legal work of local government (including administrative reconsideration work). Necessary conditions should be created for the working agencies of legal system to launch their work, so that their function of aiding administrative leaders could be completely fulfilled.

　　After receiving this Circular, all localities and departments should seriously study and implement it according to actual circumstances. The relevant major circumstances and problems arising from the implementation of the Administrative Reconsideration Law should be promptly reported to the Legislative Affairs Office of the State Council

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