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

30 days from the date of acceptance. If the appellant has dissent from the reply yet, he may put forward the dissent within 30 days from the date when he receives the reply, the supervisory department making the reply shall report it to the people’s government at the same level or the superior supervisory department for adjudication within 15 days.

　　Article 16 If the appellant is not satisfied with the supervisory measures, he may appeal to the supervisory department taking the supervisory measures within 15 days from the date when he receives the written notice of taking the supervisory measures. The supervisory department shall give the reply of maintaining or suspending enforcing the measures within 7 days from the date when it receives the appeal. If the appellant is not satisfied with the reply, he may apply for reexamination or review according to the provisions of the Article 14 of these rules.

　　Article 17 If the appellant considers that the supervisory department or the supervisory person has illegally exercised the functions and powers and infringed the legal rights and interests of the citizen, legal person or other organization, he shall appeal to the supervisory department within 15 days from the date when he has found or should have known that his legal rights and interests have been infringed. The supervisory department shall give reply within 30 days from the date when it receives the appeal. If the appellant is not satisfied with the reply, he may apply for reexamination or review according to the provisions of the Article 14 of these rules.

　　Article 18 The filing of appeal shall accord with the following requirements:

　　(1) Be one of the appealing matters stipulated by the Article 6 of these rules;

　　(2) Having concrete appealing claim and factual basis;

　　(3) Filing the appeal within the legal time limit;

　　(4) Other requirements stipulated by the laws or regulations.

　　Article 19 If the appellant files an appeal, he shall submit a written appeal to the supervisory department within the stipulated appealing time-limit, and attaches the original decision on admini

strative sanction and the decision of reexamination, the original supervisory decision and the decision of review, the original supervisory proposal and the reply, or the original notice of supervision, and relevant evidence materials.

　　The written appeal shall include the following contents:

　　(1) The name, sex, age, working unit and the domicile of the appellant; or the name and address of the legal person or other organization, and the name and position of the legal representative or the person in charge;

　　(2) The name of the appealed organization;

　　(3) The appealing claim and reason;

　　(4) The date, on which the appeal is filed.

　　Article 20 Except the special time limits stipulated in these rules, the supervisory department shall make the following treatments separately within 15 days from the date when it receives the written appeal:

　　(1) The appeal according with the provisions of the Article 18 of these rules shall be accepted;

　　(2) The appeal case without the jurisdiction of this supervisory department shall be referred to the supervisory department or other relevant government organ or unit with jurisdiction, and the appellant shall be informed;

　　(3) The appeal not according with one of the requirements stipulated by the Article 12 and 18 of these rules shall not be accepted, and the reason shall be given to the appellant in writing;

　　(4) The written appeal not clearly including one of the contents stipulated in the Article 19 of these rules shall be returned to the appellant, which shall be completed within a prescribed time limit.

　　Chapter Ⅴ Hearing and Adjudication

　　Article 21 The supervisory department shall close the appeal case within the time limit stipulated as following:

　　(1) The decision of reexamination on the application of reexamination for being not satisfied with the decision of administrative sanction made by a competent administrative organization shall be made within 30 days from the date of acceptance;

　　(2) The decision of reexamination on the application of reexamination for being not satisfied with the supervisory decision shall be made within 30 days from the date of acceptance;

　　(3) The decision of review on the application of review for being not satisfied with the decision on retrial or reexamination shall be made within 60 days from the date of acceptance;

　　(4) If the appellant has dissent from the supervisory proposal or is not satisfied with the supervisory measures, it shall be settled according to the provisions of the Article 15 and 16 of these rules.

　　Due to special reason, the time-limit for the supervisory department to hear the appeal case may be extended for another 60 days at the longest, with an approval of the leading official of the supervisory department at the same level.

　　If an appeal case is not closed within the prescribed time limit, the supervisory department hearing the case shall report it to the people’s government at the same level or the superior supervisory department, and give reasons. If there are no fair reasons, the person directly liable shall be given the administrative sanction according to the circumstances.

　　Article 22 If the appealed organization of the appeal case is the inferior supervisory department or other administrative organization, the supervisory department accepting the appeal shall send a duplicate of the written appeal to the appealed organization within 7 days. The appealed organization shall submit all the materials or evidences relevant to the appealing matters and give written explanation and statement to the supervisory department accepting the appeal within 10 days from the date when it receives the duplicate of the written appeal.

　　If the appealed organization fails to give explanation and statement, the hearing of the appeal case shall not be affected

　

　therefore.

　　Article 23 During the appeal period, the original decision on administrative sanction made by a competent administrative organization, the original supervisory decision, decision of retrial or reexamination, or supervisory measures of the supervisory department shall not be suspended the enforcement, except that one of the following circumstances appears:

　　(1) The appealed organization considers that it needs to suspend the enforcement;

　　(2) The supervisory department hearing the appeal considers that it needs to suspend the enforcement;

　　(3) The appellant applies for the suspension of the enforcement, and the supervisory department hearing the appeal considers that the application is reasonable, and makes decision on suspending the enforcement;

　　(4) The enforcement shall be suspended according to laws or regulations.

　　Article 24 The appellant may withdraw the appeal before that the supervisory department makes a settlement decision on the appeal case. The appeal may also be withdrew, if the appealed organization changes the original decision, the appellant agrees to withdraw the appeal, and the supervisory department hearing the appeal agrees and makes a record.

　　If the appellant appeals again within the legal period for the same facts and reasons after withdrawing the appeal, the supervisory department shall accept it. The appeal beyond the legal period shall not be accepted.

　　Article 25 When the supervisory department hears an appeal case, it shall consult all the materials relevant to the case, comprehensively examine the facts of the case, and shall not be restricted by the claim of the appeal.

　　Article 26 When the supervisory department hears an appeal case, it shall examine the following contents:

　　(1) Whether the facts are clear, and the evidences are authentic and sufficient;

　　(2) Whether the application of laws, regulations or policies is correct, or whether the characterization is correct;

　　(3) Whether the administrative sanction made by the appealed organization, or the supervisory decision or the supervisory measures taken are correct;

　　(4) Whether the legal procedures for case settlement are complied with;

　　(5) Whether the supervisory department or the supervisory person has illegally exercised the functions and powers;

　　(6) Other matters needed to be investigated and ascertained.

　　Article 27 The supervisory department may hear the appeal case by the following means according to the needs:

　　(1) Examining the materials of the case by record;

　　(2) Investigating and certifying directly;

　　(3)Requiring the original deciding organization to investigate and supplement evidences within a time limit.

　　Article 28 The undertaker of the supervisory department, who hears the appeal case, shall check and examine the materials and evidences relevant to the appeal case seriously and make record.

　　If he believes that it is necessary to investigate and verify after checking and examining the file, he shall determine the main matters needed to be investigated and verified, and draw up the scheme of investigation and verification, which shall be approved by the leading official of the supervisory department. The investigation and certification shall be carried out according to the stipulated procedures.

　　Article 29 After an appeal case is heard by the supervisory department, the settlement organization or the undertaker shall put forward a hearing repot of the appeal case, which shall b

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