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

f the case shall be attached to the notice of hearing as its appendix.

　　The notice of hearing shall be sealed by the administrative organ and be signed by the chief hearing person or sole hearing person. The notice of hearing shall state clearly the time when it is made.

　　If the party needs to change the time of he

aring for special circumstances， he shall file an application within 3 days before the hearing is held. The administrative organ shall decide whether the application is approved or not.

　　Article 31 The hearing person shall complete the following work in the preparatory period before the hearing is formally held：

　　（1） to check the identities of the participants of hearing：

　　（2） to announce the discipline of hearing；

　　（3） to announce the rights and duties of the participants of hearing；

　　（4） to inquire the parties whether they apply for the withdrawal of the hearing persons， expert witnesses， inspectors or interpreters.

　　Article 32 The chief hearing person or sole hearing person shall preside over and direct the hearing activities.

　　The basic method of hearing activities is the hearing meeting.

　　Article 33 The procedures of holding hearing are the followings：

　　（1） the chief hearing person or sole hearing person declares the beginning of hearing；

　　（2） the investigating personnel of the case put forward the facts proving that the party has violated the law and adduce evidences；

　　（3） the investigating personnel of the case ask for the witness to make statement， the expert witness to read out the conclusion of verification， the on-site examiner to read out the record of investigation， and make corresponding explanations.

　　（4） the investigating personnel of the case invoke and explain the articles of relevant laws， regulations and rules as the basis， and put forward the recommendation for administrative penalty；

　　（5） the party makes statement， adduces evidences and defends himself；

　　（6） the third party makes speech， the party asks for the witness to make statement and the expert witness to read out the conclusion of verification， and then the party make corresponding explanation；

　　（7） the party cross-examines with the investigating personnel； having been required by the party and been permitted by the chief hearing person or sole hearing person， expert witness and inspector may make brief explanations or supplementary explanations；

　　（8） the chief hearing person and other hearing person or sole hearing person ask supplementary questions to the investigating personnel of the case and the party in order to clarify further the key facts and evidences；

　　（9） both parties debate each other about the facts， evidences， legal basis and recommendations for penalty；

　　（10） the party makes the final statement to the facts， evidences and recommendations for penalty；

　　（11） the chief hearing person or sole hearing person declares the end of the hearing meeting；

　　（12） the participants of hearing read the records of hearing and sign their names. They may amend and supplement the records of their speech and make commentary and statement to the records of other person‘s speech.

　　Article 34 The evidences of hearing include the followings：

　　（1） documentary evidence；

　　（2） material evidence；

　　（3） testimony of the third party and witness；

　　（4） expert conclusions；

　　（5） records of examination；

　　（6） records made on the scene；

　　（7） audio-visual reference material；

　　（8） party‘s statements.

　　All the above evidences that are related to the case shall be presented in the hearing and be affirmed after being cross-examined.

　　The party shall put forward a written opinion on the facts， evidences， legal basis and recommendation for penalty and submit it to the chief hearing person or sole hearing person within 3 days from the end of hearing； If he fails to submit them， it shall not affect the chief hearing person or sole hearing person to make the hearing person‘s written recommendation for administrative penalty according to law.

　　Article 35 The investigating personnel shall bear the burd

en of proof to their opinions and provide the evidences of making the recommendation for administrative penalty.

　　Article 36 The investigating personnel shall point out the articles of laws and regulations， according to which the recommendation for penalty is made， and provide the rules and normative documents on which the recommendation for the penalty is based.

　　Article 37 The activities of hearing shall all be recorded in the records. The records of hearing shall explicitly record the following matters：

　　（1） the cause of action；

　　（2） the names of the chief hearing person， hearing persons， sole hearing person and clerk；

　　（3） the name， title， address and telephone number of the participants of hearing；

　　（4） the time， location and way of the hearing held；

　　（5） the facts， evidences， legal basis and recommendation for administrative penalty proposed by the investigating personnel of the case；

　　（6） the party‘s statement， adduction of evidences， cross-examination and defenses；

　　（7） the debate between the parties；

　　（8） the signature and seal of the participants of hearing.

　　Article 38 The hearing person shall refer the records of hearing to the investigating personnel， parties and other participants of the case to read， which shall be signed or sealed by them after being affirmed to have no mistake. In case anyone who refuses to sign or seal， the chief hearing person or sole hearing person shall state the circumstances in the records of hearing.

　　The participants of hearing may rectify， supplement the records of their respective speech， and may make commentary and statement to the records of other persons‘ speech and their rectification and supplement.

　　The chief hearing person or sole hearing person shall check and approve the records of hearing and sign or seal it.

　　Article 39 The hearing shall be suspended under one of the following circumstances：

　　（1） the party is dead or dissolved and it is necessary wait for the determination of the heir of the rights and obligations.

　　（2） the party or the investigating personnel of the case cannot participate in hearing for force majeure；

　　（3） it is necessary to reinvestigate or reverify relevant evidences；

　　（4） other circumstances for suspending the hearing.

　　After the circumstances for suspending the hearing are eliminated， the chief hearing person or sole hearing person shall resume the hearing.

　　Article 40

　　The hearing shall be terminated under one of the following circumstances：

　　（1） The heir of the rights and obligations has not been determined in 2 months since the party is dead or dissolved；

　　（2） other circumstances for termination of the hearing.

　　Chapter Ⅵ The Hearing Person‘s Written Recommendation for Administrative Penalty

　　Article 41 The chief hearing person or sole hearing person shall complete the hearing person‘s written recommendation for administrative penalty within 10 days from the date on which the hearing or the last hearing ends.

　　If a hearing person‘s opinion is inconsistent with the opinion of the chief hearing person， it shall be briefly stated in the hearing person’s written recommendation for administrative penalty. The chief hearing person and the hearing person or the sole hearing person shall sign at the end of the hearing person‘s written recommendation for administrative penalty.

　　The written recommendation for administrative penalty shall explicitly record the contents from the first to the forth subparagraph of the first paragraph of Article 39 of the Administrative Penalty Law of the People‘s Republic of China.

　　If the chief hearing person or sole hearing person believes that the party shall not be imposed the administrative penalty， the contents of the written recommendation for administrative penalty shall

not be restrained by the second paragraph of this Article， but it shall explicitly state the facts and reasons.

　　Article 42 The chief hearing person or sole hearing person shall refer the written recommendation for administrative penalty to the director of the administrative organ for determining the planned decision on the administrative penalty.

　　Chapter Ⅶ The Supervision of Hearing

　　Article 43 The administrative competent department for legal affairs of the Municipal Government and the working body for legal affairs of the district government shall accept the informer‘s exposures and charges against the malfeasances in the activities of hearing and in charge of investigation. They shall report the investigating conclusions to the leading cadre of government of the same level and answer the informer in time.

　　Article 44 If the organization of hearing violates the legal procedures， the administrative competent department for legal affairs of the Municipal Government and the working body for legal affairs of the district government shall order the organ that organizes the hearing to reorganize or rectify.

　　Article 45 If relevant organ shall organize hearing， while it fails to do， the administrative competent department for legal affairs of the Municipal Government and the working body for legal affairs of the district government shall order it to organize hearing.

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/

 3/4   首页 上一页 1 2 3 4 下一页 尾页