Administrative Reconsideration Law (revised draft) was first submitted to the 37th meeting of the Standing Committee of the 13th National People's Congress for deliberation on October 27, 2022. The revised draft has a total of 7 chapters and 86 articles. is now pushing the draft description, full text and comparison table before and after revision for readers. Welcome to log in to Peking University magic weapon ·Legal and Regulations Library (www.pkulaw.com/law/) to view.
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Note on the "Administrative Reconsideration Law of the People's Republic of China (Revised Draft)"
1. The necessity of revision and the work process
Administrative Reconsideration is a supervision system for self-correction of the government system and a relief system for resolving administrative disputes such as "civilian suing officials". It is an important tool to promote the construction of a law-based government and an important channel to safeguard the legitimate rights and interests of citizens, legal persons and other organizations. The CPC Central Committee and the State Council attach great importance to administrative reconsideration work. General Secretary Xi Jinping pointed out that we must give full play to the institutional advantages of administrative reconsideration as fair and efficient, convenient for the people and the main channel for resolving administrative disputes. Premier Li Keqiang stressed that we must continue to promote the construction of a law-based government and make important instructions on the revision of the Administrative Reconsideration Law.
The current " Administrative Reconsideration Law of the People's Republic of China " was implemented in 1999 and some of the terms were modified in 2009 and 2017 respectively. As of the end of 2021, administrative reconsideration agencies at all levels across the country handled 2.953 million administrative reconsideration cases, of which 2.444 million cases were filed and concluded, and 2.35 million cases of illegal or improper administrative behaviors were corrected, with an error correction rate of 14.3%, which played an important role in safeguarding the legitimate rights and interests of the people, promoting social harmony and stability, and accelerating the construction of a law-based government. With the development of the economy and society, the administrative reconsideration system has also exposed some prominent problems: First, the entrance to absorbing administrative disputes is relatively narrow, and some administrative disputes cannot enter the administrative reconsideration channel to effectively resolve. Second, the case jurisdiction system is too scattered, making it difficult for the masses to find the right administrative reconsideration agency, which is not conducive to resolving administrative disputes at the grassroots and in the bud. Third, the case trial mechanism is not sound enough and the trial standards are not unified, which affects the quality and efficiency of case handling. In order to solve the above problems, it is necessary to amend the Administrative Reconsideration Law. The Central Committee for Comprehensively Promoting the Rule of Law issued the "Administrative Reconsideration System Reform Plan", which made arrangements for the construction of a unified and scientific administrative reconsideration system, requiring the prompt revision of the Administrative Reconsideration Law, transforming the reform plan into a corresponding legal system, and ensuring that the reform is based on the law.
In order to implement the decisions and deployments of the CPC Central Committee and the State Council, the Ministry of Justice drafted the "Administrative Reconsideration Law of the People's Republic of China (Revised Draft)" (hereinafter referred to as the Revised Draft) based on in-depth research and demonstration and extensive listening to opinions from all parties. The revised draft has been discussed and approved by the State Council Executive Meeting.
2. The main content of the revision
The revised draft fully implements the "Plan for Reform of the Administrative Reconsideration System", strengthens the ability of administrative reconsideration to absorb and resolve administrative disputes, adheres to reconsideration for the people, improves the credibility of administrative reconsideration, and strives to build administrative reconsideration into the main channel for resolving administrative disputes. The revised draft has 7 chapters and 86 articles, and the main contents of the revision include:
(I) Clarify the principles of administrative reconsideration of , responsibilities and guarantees . First, it is clearly stipulated that "administrative reconsideration work adheres to the leadership of the Communist Party of China" (Article 3). The second is to improve the provisions of the administrative reconsideration agency and the administrative reconsideration agency , and strengthen the statutory responsibility of the administrative reconsideration agency to lead the administrative reconsideration work (Article 4). The third is to cancel the administrative reconsideration responsibilities of the working departments of local people's governments, and the local people's governments at or above the county level will be exercised uniformly. At the same time, special circumstances of administrative agencies, taxation and state security organs that implement vertical leadership will be retained, and the jurisdictional authority of the State Council departments will be adjusted accordingly (Chapter 2, Section 5). Fourth, strengthen the construction of administrative reconsideration capacity and work guarantee (Articles 5 to 8).
(II) Strengthen the ability of administrative reconsideration to absorb and resolve administrative disputes. First, expand the scope of administrative reconsideration and clarify that those who are dissatisfied with administrative agreements, government information disclosure and other behaviors can apply for administrative reconsideration (Article 10). The second is to expand the scope of administrative reconsideration and clarify that if you are dissatisfied with the decision to impose administrative penalties on the spot in accordance with the law and the inaction of administrative inaction by , you should first apply for administrative reconsideration (Article 22). The third is to clarify the application of the simplified procedure and stipulate that cases where the simplified procedure is applied shall be concluded within 30 days (Articles 50 and 71).
(III) Improve the administrative reconsideration acceptance and trial procedures. First, 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 (Articles 28, 29, and 32). The second is to clarify that administrative reconsideration agencies can mediate cases in accordance with the principles of legality and voluntariness (Article 34). The third is to establish and improve the rules for administrative reconsideration evidence to clarify the burden of proof between the applicant and the respondent (Chapter 4, Section 2). Fourth, in general procedures, the principle of case handling is modified from written review to listening to the opinions of the masses through flexible means, and a system of hearing and administrative reconsideration committees shall be established for major, difficult and complex cases (Articles 46 to 49). Fifth, improve the procedures and handling methods for the review of normative documents for administrative reconsideration (Articles 55 to 57).
(IV) Strengthen supervision of administrative law enforcement in administrative reconsideration. First, improve the administrative reconsideration decision system, refine the application circumstances of decisions such as change and confirmation of violations, and add types of decisions such as confirmation of invalidity and ordering the performance of administrative agreements (Articles 61 to 67). The second is to add supervision systems such as administrative reconsideration opinions, interview notices, and copying of administrative reconsideration decisions (Articles 73 to 76).
In addition, the revised draft has added a clause on accountability for acts of refusing and obstructing administrative reconsideration investigation and evidence collection in the legal responsibility part, and has improved the connection mechanism between administrative reconsideration and discipline inspection and supervision (Articles 81 to 83).
Administrative Reconsideration Law (Revised Draft) and Comparison Table before and after modification
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