深圳经济特区行政处罚听证程序试行规定 Proposed Rules of Shenzhen Special Economic Zone on the Hearing Procedures of the

深圳市人民政府令第60号
（Adopted at the 54th standing congress of the second session of the Shenzhen Municipal People‘s Government， promulgated by Decree No. 60 of the Shenzhen Municipal People’s Government on March 25， 1997.）
颁布日期：19970325 　实施日期：19970325 　颁布单位：深圳市人民政府

　　Chapter Ⅰ General Provisions

　　Article 1 In order to standardize the hearing procedures of the administrative penalties， ensure and supervise the administrative organ to effectively impose the administrative penalties， safeguard the public interests and social orders， and protect the lawful rights and interests of citizens， legal persons and other organizations， these rules are formulated in accordance with the Administrative Penalty Law of the People‘s Republic of China and the actual circumstances of special zone.

　　Article 2 “Hearing” in these rules refers to the procedural activities that the non-investigating personnel preside over a meeting to hear the facts and evidences that the investigating personnel propose to prove that the party has violated the laws and hear the party‘s statements， adducing evidences， cross-examination， defenses and opinions before the administrative organ makes the decisions on administrative penalties according to the Administrative Penalty Law of the People’s Republic of China.

　　Article 3 Before the administrative organ gives such important administrative penalties as suspension of production or business， rescission of licenses or permits， or imposition of fines or confiscations with relatively large amounts， it shall go through the hearing procedures according to the laws and regulations relevant to the administrative penalty and these rules.

　　“Fines and confiscations with relatively large amounts” in the preceding paragraph refer to the fines and confiscations that are 5，000 yuan or above imposed upon individuals or that are 50，000 yuan or above imposed upon legal persons or other organizations， unless laws and regulations have special provisions.

　　If relevant departments of the Municipal Government consider that the amount of fine and confiscation provided in the preceding paragraph need to be increased or decreased， they shall file a written application to state the reasons and basis. The amount may not be increased or decreased， until the application has been examined and checked by the administrative competent department for legal affairs of the Municipal Government as well as been approved by the Municipal Government.

　　“Confiscation” in the second paragraph includes the confiscation of money， material or other properties.

　　Article 4 The hearing shall observe the principles of fairness， openness and independence.

　　The hearing shall be held in public except that it involves state secrets， business secrets and individual privacy.

　　The hearing shall be completed at one time； If the circumstances are specially complicated， it may be held for several times.

　　Article 5 The administrative competent department for legal affair of the Municipal Government is the competent department of hearing， and shall supervise and examine the hearing activities. The administrative competent department for legal affairs of any district government shall supervise and examine the hearing activities within its administrative division.

　　Relevant citizens， legal persons and other organizations have rights to report the malfeasances in the hearing to the administrative competent department for legal affairs of the Municipal Government.

　　Chapter Ⅱ The Hearing Organization and Hearing Personnel

　　Article 6 If the administrative organ plans to make the decisions on administrative penalty， to which the hearing procedures shall be applied， it shall organize the hearing.

　　For the decisions on the administrative penalty that are made in the name of the municipal or district government， and the decisions on t

he administrative penalty that are signed the definite opinions on disposal by the leaders of the municipal or district government， the administrative competent department for legal affairs of the Municipal Government or the working body for legal affairs of the district government shall organize the hearing. If the delegated organization that impose the administrative penalties according to Article 18 of the Administrative Penalty Law of the People‘s Republic of China plans to make the decisions on the administrative penalty to that the hearing procedures shall be applied， the delegating administrative organ shall organize the hearing. The delegated organization shall not organize the hearing by itself.

　　The administrative organ shall not delegate other departments or organizations to organize the hearing.

　　Article 7 The hearing shall be presided over by the hearing group organized by the administrative organ or the sole hearing person.

　　If the administrative organ plans to impose such the administrative penalties as suspension of production or business， rescission of licenses or permits， imposition of fines or confiscations with 300，000 yuan or above and so on， it shall establish the hearing group to implement the hearing activities. The hearing group shall consist of the chief hearing person and 2 or more than 2 hearing persons.

　　For other administrative penalties to that the hearing procedure shall be applied except those stipulated in the preceding paragraph， the sole hearing person shall preside over the hearing.

　　Article 8 The chief hearing person or sole hearing person shall appoint the clerk who is responsible for making the records of hearing and other affairs.

　　The clerk shall be the working staff of the administrative organ and have the academic credentials of the junior college or higher academic credentials.

　　Article 9 The hearing person shall be uniformly trained and examined， and be certified.

　　The personnel of the working body for legal affairs of the administrative organ or the full-time legal working staff who are responsible for the legal affairs and other professional personage of law may serve as the hearing person.

　　The administrative competent department for legal affairs of the Municipal Government shall be responsible for uniform training and examination to the hearing person and issuing the certificate of hearing person. The certificate of hearing person shall be examined every 2 year.

　　The functional departments of the Municipal Government shall report the name list of the planned hearing persons to the administrative competent department for legal affairs of the Municipal Government； The functional departments of the district government shall report the name list of planned hearing person to working body for legal affairs of the district government， which shall gather the name list and report it to the administrative competent department for legal affairs of the Municipal Government.

　　Article 10 The director of the administrative organ shall appoint the personnel of the working body for the legal affairs or full time legal working staff or other professional personage of law of this organ to serve as the hearing person or sole hearing person.

　　The person in charge of the organ that organizes the hearing shall appoint the working staff of this department or other professional personage of law to serve as the chief hearing person.

　　Article 11 The main functions and duties of the chief hearing person or sole hearing person are the followings：

　　（1） to decide the time， location and way of hearing；

　　（2） to decide to suspend， terminate or postpone the hearing；

　　（3） to decide whether the hearing person or clerk shall withdraw；

　　（4） to decide the witness to show up and testify；

　　（5） to serve in time relevant notices to the participants of hearing s

uch as the parties， investigating personnel of the case， expert witnesses， interpreters；

　　（6） to inquire about the facts of the case， the basis and reasons of the planned administrative penalty to that the hearing procedures shall be applied；

　　（7） to require the participants of hearing to provide or supplement the evidences；

　　（8） to direct the hearing activities， maintain the hearing orders and prevent the act that violates the hearing disciplines；

　　（9） to check and approve the records of hearing， and make the recommendation for administrative penalty on whether and how to impose penalty based on the penalty suggestions proposed by the investigating personnel.

　　The hearing person shall assist the chief hearing person to perform the functions and duties stipulated in the fifth， sixth and seventh subparagraphs of the first paragraph.

　　Article 12 In one of the following circumstances， the chief hearing person， sole hearing person or the clerk shall withdraw：

　　（1） He is one of the investigating personnel of the case；

　　（2） He is one of the parties of the case or the close relative of a party， agent ad litems or investigating personnel of the case；

　　（3） He is one of the personnel who have direct interests with the settlement of the case；

　　（4） He has some other relationship with party of the case， which may affect the impartial hearing of the case.

　　The provisions of the preceding paragraph are applicable to the interpreters， expert witness or inspectors.

　　Article 13 If a parties files the application of withdrawal， he shall explain the reasons and file the application ahead of the beginning of the hearing. If the incident origin of withdrawal is known after the hearing has begun， he may file the a

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/