Administrative Reconsideration Law revised draft was submitted to the 37th meeting of the Standing Committee of the 13th National People's Congress for initial review on the 27th. The revised draft has added a clause on accountability for refusing and obstructing administrative reconsideration investigation and evidence collection in the legal liability part, and has improved the connection mechanism between administrative reconsideration and discipline inspection and supervision.
In April 1999, the Standing Committee of the Ninth National People's Congress passed the Administrative Reconsideration Law, which was partially revised twice in August 2009 and September 2017. It is reported that this revised draft strengthens the ability of administrative reconsideration to absorb and resolve administrative disputes, insists on reconsideration for the people, improves the credibility of administrative reconsideration, and strives to build administrative reconsideration into the main channel for resolving administrative disputes.
Revision draft expands the scope of administrative reconsideration to accept cases , and clearly states that those who are dissatisfied with administrative agreements, government information disclosure and other behaviors can apply for administrative reconsideration. The draft expands the scope of the pre- for administrative reconsideration in , and clearly states that if you are dissatisfied with administrative penalty decisions and administrative inactions made on the spot in accordance with the law, you should first apply for administrative reconsideration. At the same time, the application of the simplified procedure is also clarified, and it is stipulated that cases where the simplified procedure is applied shall be concluded within 30 days.
revision draft improves administrative reconsideration acceptance and review procedures. Clarify the acceptance conditions for administrative reconsideration, add a system for revision of application materials, and improve the supervision mechanism for inaction of administrative reconsideration agencies. It is clear that administrative reconsideration agencies can mediate cases in accordance with the principles of legality and voluntariness. Establish and improve the rules for administrative reconsideration evidence to clarify the burden of proof between the applicant and the respondent. The revised draft
also proposes that in general procedures, the principle of case handling will be modified from written review to listening to the opinions of the masses through flexible means, and a hearing and administrative reconsideration committee system will be established for major, difficult and complex cases.
In addition, the revised draft has added a clause on accountability for refusing and obstructing administrative reconsideration investigation and evidence collection in the legal liability part, and has improved the connection mechanism between administrative reconsideration and discipline inspection and supervision. (China News Network)
