enting and correctingany malfeasant or improper specific administrative acts, and protectingthe lawful rights and interests of citizens, legal persons and otherorganizations.Article 2Where citizens, legal persons, or other organizations hold that a specificadministrative act of an administrative organ has infringed upon theirlawful rights and interests, they may, in accordance with theseRegulations, file an application to the competent administrative organ forreconsideration.Article 3The administrative organ for reconsideration shall exercise its functionsand powers according to law and shall not be subject to any illegalinterference from other organs, public organizations and individuals.Article 4The "administrative organs for reconsideration", as mentioned in theseRegulations, refers to those administrative organs which acceptapplications for reconsideration, and shall, according to law, conductreviews over the specific administrative acts, and make a decision.The "reconsideration office", as mentioned in these Regulations, refers tothe offices which are set up within the administrative organs forreconsideration and are responsible for the affairs relating to thereconsideration.Article 5Except as otherwise stipulated by the laws and administrative rules andregulations, the administrative reconsideration shall apply a single-levelsystem of reconsideration.Article 6The administrative reconsideration shall follow the principle of being"lawful, timely, accurate, and convenient for the people".Article 7The administrative organ for reconsideration shall, according to law,conduct review over the legality and appropriateness of a specificadministrative act.Article 8The administrative organ for reconsideration shall not apply conciliationin handling reconsideration cases.
【章名】Chapter II The Scope of Application for Reconsideration
Article 9Citizens, legal persons, and other organizations may file an applicationto the administrative organs for reconsideration if they refuse to acceptany of the following specific administrative acts:(1) an administrative sanction, such as detention, fine, rescission of apermit or a licence, order to suspend production or business operations orconfiscation of property and article, which one refuses to accept;(2) a compulsory administrative measure, such as restriction of personalfreedom or the sealing up, distraint, or freezing of property, which onerefuses to accept;(3) infringement upon one's managerial decision-making power as stipulatedby the laws and regulations, which is held to have been perpetrated by anadministrative organ;(4) refusal by an administrative organ to issue a permit or licence, whichone holds oneself legally qualified to apply for, or its failure torespond to the application;(5) refusal by an administrative organ to perform its statutory functionsand duties of protecting one's personal rights and property rights, as onehas applied for, or its failure to respond to the application;(6) cases where an administrative organ is held to have failed to pay thepensions for the disabled or for the family of the deceased according tolaw;(7) cases where an administrative organ is held to have illegally demandedthe performance of duties;(8) cases where an administrative organ is held to have infringed uponother personal rights and property rights;(9) other specific administrative acts against which, according to thelaws and regulations, an administrative lawsuit or an application forreconsideration may be instituted.Article 10Citizens, legal persons, or other organizations shall not file anapplication for reconsideration in accordance with these Regulations ifthey are not satisfied with any one of the following matters:(1) administrative regulations, rules, or decisions and orders with ageneral binding force;(2) decisions on awards or punishments or on the appointment of or removalfrom a position with respect to personnel working in administrativeorgans;(3) arbitration or conciliation or disposition of civil disputes;(4) acts of the State in areas such as national defence and foreignaffairs.
【章名】Chapter III Jurisdiction for Reconsideration
Article 11In case that a specific administrative act has been undertaken by theworking department of a local people's government at or above the countylevel, and an application is filed for reconsideration, the case shall beunder the jurisdiction of the competent department at a higher level. Acase that falls under one of the following circumstances shall be underthe jurisdiction of the people's government at the same level:(1) there is no corresponding competent department at a higher level;(2) cases that shall be under the jurisdiction of the people's governmentsas stipulated by the provisions of the laws and regulations.In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken by any of thedepartments under the State Council, the case shall be under thejurisdiction of the department which has undertaken the said specificadministrative act.Article 12In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken by any of thelocal people's governments at various levels, the case shall be under thejurisdiction of the people's government at a higher level.In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken by the people'sgovernment of a province, an autonomous region, or a municipality directlyunder the Central Government, the case shall be under the jurisdiction ofthe people's government which has undertaken the aforesaid specificadministrative act.Article 13In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken jointly by two ormore administrative organs, the case shall be under the jurisdiction of anadministrative organ at the next higher level over the aforesaid two ormore administrative organs.Article 14In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken by an agency of alocal people's government at or above the county level, the case shall beunder the jurisdiction of the local people's government which hasestablished the agency.In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken by an agencywhich is established by a working department of the people's government inits own name according to the provisions of the laws, regulations andrules, the case shall be under the jurisdiction of the department whichhas established the said agency.
Article 15In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken by anorganization authorized by laws, regulations and rules, the case shall beunder the jurisdiction of the competent administrative organ immediatelyover the said organization.In cases that an application for reconsideration is filed by a person whodoes not accept a specific administrative act undertaken by an entrustedorganization, the case shall be under the jurisdiction of anadministrative organ at the next higher level over the commissioningadministrative organ.Article 16In case that an application for reconsideration is filed by a person whodoes not accept a specific administrative act which, according to theprovisions of the laws and regulations, is subject to the approval of anadministrative organ at a higher level, the case shall be under thejurisdiction of the administrative organ which makes the final decisionunless otherwise provided for by the laws and regulations.Article 17In case that an application for reconsideration is filed by a person whodoes not