深圳经济特区行政监察申诉案件处理办法 Rules of Shenzhen Special Economic Zone on Settlement of the Appeal case against

深圳市人民政府令第79号
颁布日期：19981102 　实施日期：19981102 　颁布单位：深圳市人民政府

　　Rules of Shenzhen Special Economic Zone on Settlement of the Appeal case against the Administrative Supervision

　　(Adopted at the 106th executive meeting of the Second Shenzhen Municipal People’s Government, and promulgated by Decree No.79 of the Shenzhen Municipal People’s Government on November 2, 1998.)

　　Chapter Ⅰ General Provisions

　　Article 1 In order to guarantee the supervisory department and its working staff to exercise the functions and powers according to law, settle the appeal case in time, and safeguard the legal rights and interests of the state civil servants, other persons appointed by the state administrative organization as well as the citizen, legal person and other organizations involved in the activities of administrative supervision, these rules are formulated according to the provisions of the laws and regulations.

　　Article 2 These rules shall be applicable to the settlement of the cases of appeals against the activities of administrative supervision and the administrative sanctions, which are filed by the supervised of administrative supervision in the administrative region of Shenzhen Municipality (hereinafter referred to as the Municipality), or the citizens, legal persons and other organizations involved in the activities of administrative supervision.

　　The supervised of administrative organization mentioned in these rules refer to the organizations and persons who are supervised by the supervisory department according to the provisions of Article 16 of the Law of the People’s Republic of China on Administrative Supervision.

　　Article 3 The supervisory department shall observe the principles of seeking truth from facts, correcting mistakes, accuracy and in-time to settle the appeal case according to law.

　　Article 4 The municipal or district supervisory department

　　shall be responsible for settlement of the appeal case against the administrative supervision at respective level, and carry out the system of closing case by review and adjudication.

　　Article 5 During the period, when the supervisory department is settling the appeal case, the enforcement of the administrative supervision decision relevant to the appeal shall not be suspended.

　　Chapter Ⅱ Scope of Appeals and Jurisdiction

　　Article 6 The supervisory department shall accept the following appeals:

　　(1) Being not satisfied with the administrative sanction made by the supervisory department and other administrative organization;

　　(2) Being not satisfied with the supervisory decision made by the supervisory department on confiscation, revendication, or ordering to return and pay compensation;

　　(3) Being not satisfied with the decision made by the supervisory department on reexamination, or retrial, or having dissent from the supervisory opinion and reply;

　　(4) Being not satisfied with the supervisory measures taken by the supervisory department, when it performs the functions and duties and investigates into the corruption, bribe, embezzlement of public funds or other acts violating the administrative disciplines;

　　(5) Considering that the supervisory department or its working staff has illegally exercised the functions and powers and infringed the legal rights and interests of the citizen, legal person or other organization;

　　(6) Other appeals that shall be accepted by the supervisory department as stipulated in laws or regulations.

　　The appeals stipulated in the six subparagraph of the proceeding paragraph shall be settled according to the procedures stipulated in laws or regulations.

　　Article 7 The following cases of appeal shall be under the jurisdiction of the municipal supervisory department:

　　(1) Being not satisfied with the decision made by the municipal supervisory depart

ment, department of the municipal people’s government or the district people’s government on the administrative punishment;

　　(2) Being not satisfied with the supervisory decision made by the municipal supervisory department or the supervisory measure taken by it;

　　(3) Having dissent from the supervisory proposal made by the municipal supervisory department or the reply to the supervisory proposal made by the district supervisory department;

　　(4) Being not satisfied with the decision made by the district supervisory department on retrial or reexamination;

　　(5) Considering that the municipal supervisory department or its working staff has illegally exercised the functions and powers and infringed the legal rights and interests of the citizen, legal person or other organization;

　　(6) The cases of appeal assigned by the people’s government at the same level or the superior supervisory department.

　　Article 8 The following cases of appeal shall be under the jurisdiction of the district supervisory department:

　　(1) Being not satisfied with the decision made by the district supervisory department, department of the district people’s government or the people’s government of town on the administrative sanction;

　　(2) Being not satisfied with the supervisory decision made by the district supervisory department or the supervisory measure taken by it;

　　(3) Having dissent from the supervisory proposal made by the district supervisory department;

　　(4) Considering that the district supervisory department or its working staff has illegally exercised the functions and powers and infringed the legal rights and interests of the citizen, legal person or other organization;

　　(5) The cases of appeal assigned by the people’s government at the same level or the superior supervisory department.

　　Article 9 If there is a dispute about the jurisdiction of the appeal case, the jurisdiction shall be consulted and determined by the departments of supervision involved in, or be designated the jurisdiction by their common superior supervisory department.

　　Chapter Ⅲ Organization for Settlement of the Appeal Case

　　Article 10 The supervisory department shall set up the committee for settlement of the appeal case, which shall mainly perform the following functions and duties:

　　(1) To deliberate the hearing report of the appeal case;

　　(2) To put forward the settlement opinion to the appeal case;

　　(3) To direct the settlement work of the appeal cases.

　　Article 11 The working division of legal affairs of the supervisory department (hereinafter referred to as the settlement division) shall be concretely responsible for the settlement work of the appeal cases, which shall mainly perform the following functions and duties:

　　(1) To examine whether the filing of the appeal accords with the legal requirements;

　　(2) To investigate, collect evidence, inquiry about the documents and materials of the case to the party, relevant unit or person;

　　(3) To hear the appeal case and write the hearing report;

　　(4) To submit the hearing report to the committee for settlement of appeal cases for deliberation;

　　(5) To draw up the decision on settlement of the appeal case.

　　If there is no working division of legal affairs under the supervisory department, the hearing department shall appoint more than 2 working staff, who are not the original undertaker of the case, to settle the appeal case.

　　Chapter Ⅳ Filing and Acceptance of the Appeal

　　Article 12 The appeal shall be filed by the supervised of administrative supervision, or the involved citizen, legal person or other organization (hereinafter referred to as the appellant), who is given the administrative sanction, or is not satisfied with the supervisory decision, the supervisory measures, or the supervisor

y proposal of the supervisory department, or considers that the supervisory department or its working staff has infringed his legal rights and interests by performing functions and powers

　　If the appellant is dead or loses the capacity of disposition, his close relative may file the appeal. If the appellant is the legal person or other organization, and the legal person or organization is revoked or terminated, the legal person or other organization, that has inherited the rights of the revoked or terminated legal person or organization, may file the appeal.

　　Article 13 If the appellant is not satisfied with the administrative sanction made by the administrative organization, he may apply for reexamination to the supervisory department with the jurisdiction within 30 days from the date when he receives the decision on administrative sanction. If he is not satisfied with the decision of reexamination yet, he may apply for review to the superior supervisory department within 30 days from the date when he receives the decision of reexamination.

　　Article 14 If the appellant is not satisfied with the supervisory decision, he may apply for reexamination to the supervisory department making the decision within 30 days from the date when he receives the supervisory decision. If he is not satisfied with the decision of reexamination yet, he may apply for review to the superior supervisory department within 30 days from the date when he receives the decision of reexamination.

　　Article 15 If the appellant has dissent from the supervisory proposal, he may appeal to the supervisory department making the supervisory proposal and ask for reply within 30 days from the date when he receives the supervisory proposal. The supervisory department shall give reply within

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