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

e reported to the committee for settlement of appeal cases for discussion. The hearing report shall clearly include the following main contents:

　　(1) The claim and reasons of the appeal;

　　(2) The course that the appealed organization settled the original case, the facts determined in the original decision on administrative san

ction or other supervisory decisions, and the decisions on retrial or reexamination and their settlement conclusions, the facts determined in the original supervisory proposal and its reply, and the proposal matters, and the main foundations and reasons for taking the supervisory measures;

　　(3) The examination of the appealed matters, the determined facts, evidences and characterization after the examination, and the provisions of the applied laws, regulations and policies;

　　(4) The opinion of retrial, reexamination or review, as well as the settlement opinion to the supervisory proposal or supervisory measures.

　　Article 30 After the hearing, if the original decision on administrative sanction, supervisory treatment decision, decision of reexamination or retrial, supervisory measure, or supervisory proposal or its reply is considered by the supervisory department to satisfies the following requirements, and passed the discussion of the committee for settlement of appeal cases and the check of the leading official of the supervisory department, it shall be sustained:

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

　　(2) The application of the laws, regulations and policies is correct, and the characterization is accurate;

　　(3) Legal competence and procedures are complied with;

　　(4) The settlement is proper.

　　Article 31 After the hearing, if the original decision on administrative sanction, supervisory treatment decision, decision of reexamination or retrial, or supervisory measure is considered by the supervisory department to satisfies the following requirements, and passed the discussion of the committee for settlement of appeal cases and the check of the leading official of the supervisory department, it shall be canceled, or the supervisory department shall order the inferior supervisory department or the competent administrative organization to cancel　it:

　　(1) The determined facts of violation of law or discipline do not exist;

　　(2) The determined facts are not clear or the determined evidences are not sufficient;

　　(3) The legal procedures are not complied with, which affected the fair settlement of the case.

　　Article 32 After the hearing, if the original decision on administrative sanction, supervisory treatment decision, decision of reexamination or retrial, or supervisory proposal or its reply is considered by the supervisory department to satisfies the following requirements, and passed the discussion of the committee for settlement of appeal cases and the check of the leading official of the supervisory department,

　　the supervisory department may decide to modify it directly,　or order the inferior supervisory department or the competent administrative department to modify it:

　　(1) The application of laws, regulations or policies is not proper, or the characterization is not accurate;

　　(2) The settlement is obviously not proper, or the reason is not sufficient.

　　Article 33 If the new facts of violating law or disciplines are found in the hearing of the appeal case, and the found violation needs to be settled as a separate case, the settlement organization or the undertaker shall propose an opinion,　and　provide　the opinion to the committee for settlement of appeal cases. After the committee for settlement of appeal cases has approved the opinion, the found violation shall be referred to the relevant department or government organization to settle according to law.

　　Article 34 When the supervisory department makes settlement decision on an appeal case, it shall separately make a decision document for the settlement of the appeal case, such as the written decision on retrial, reexamination or review, the written reply to the supervisory proposal, or the written reply to the supervisory measures according to the character of the appeal case.

　　The decision documents listed in the proceeding paragraph shall clearly include the following main contents:

　　(1) The name, sex, age and working unit of the appellant, the name of the legal person or other organization, 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 the main reasons;

　　(4) The main facts and reasons determined in the original decision on administrative sanction, supervisory decision, decision on retrial or reexamination, supervisory measures, or the original supervisory proposal and its reply, the applied laws, regulations or policies;

　　(5) The facts and reasons determined by the supervisory department after hearing of the appeal case, the applied laws, regulations or policies;

　　(6) The settlement conclusion;

　　(7) The time limit of applying for review or adjudication, if the appellant or the appealed organization is not satisfied with the settlement decision on the appeal;

　　(8) The date, on which the decision, reply or adjudication is　made.

　　The decision documents of the settlement of the appeal case shall be stamped by the supervisory department that made the decision, reply, or adjudication.

　　Article 35 The supervisory department shall service the decision document of the settlement of the appeal on the appellant and the appealed organization according to relevant provisions of the Civil Procedure Law within 7 days from the date when it makes the settlement decision of the appeal case.

　　Article 36 The settlement decision on appeal or the adjudication to the reply of the supervisory proposal made by the superior supervisory department of the appealed organization is the final decision on the appeal case.

　　Chapter Ⅵ Supplementary Provisions

　　Article 37 If there are other provisions of laws or regulations on the remedy means and procedures for the supervised to file an appeal, these provisions shall be observed.

　　Article 38 These rules shall go into effect as of the date of promulgation

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