accept a specific administrative act undertaken by anadministrative organ prior to its abolition, the case shall be under thejurisdiction of the administrative organ at the next higher level over theadministrative organ which has succeeded to the functions and powers ofthe administrative organ abolished.Article 18Where an administrative organ for reconsideration finds that a case it hasaccepted is not under its jurisdiction, it shall transfer the case to anadministrative organ which has jurisdiction over the case. Theadministrative organ, to which the aforesaid case has been transferred,shall not transfer the case again on its own initiative.Article 19Where a dispute arises between administrative organs over jurisdiction forreconsideration, the dispute shall be resolved by the parties to thedispute through consultation. If consultation fails, the administrativeorgan immediately over the two parties shall designate jurisdiction.Article 20Where a person applies for reconsideration to two or more administrativeorgans that have jurisdiction, the case shall be under the jurisdiction ofthe administrative organ that has first received the application forreconsideration.
Article 21Where citizens, legal persons, and other organizations make a complaint tothe correspondence and reception department within the time limitstipulated by law for filing an application for reconsideration, thecorrespondence and reception department shall timely notify thecomplainant to file an application for reconsideration to theadministrative organ that has jurisdiction for reconsideration.Article 22Other cases involving jurisdiction for reconsideration shall be handledaccording to the provisions of the laws, regulations and rules.
【章名】Chapter IV The Reconsideration Office
Article 23The administrative organ for reconsideration shall, in light of the needsof its work, establish the reconsideration office, or appoint full-timepersonnel that handle reconsideration cases, for the organ itself.Article 24Reconsideration offices of various local people's governments at or abovethe county level shall be established within the government's office oflegislative affairs, or the government's office of legislative affairswork in the name of the reconsideration office.Article 25The reconsideration office, or the full-time personnel that handlereconsideration cases, shall work under the leadership of theadministrative organ for reconsideration and carry out the followingfunctions and duties:(1) to review whether reconsideration applications are in conformity withthe statutory requirements;(2) to conduct investigations among, and collect evidence from, bothparties to a dispute and relevant units and personnel, and to consultrelevant documents and materials:(3) to organize the handling of reconsideration cases;(4) to draft reconsideration decisions;(5) to respond to prosecution in court, as entrusted by the legalrepresentative of the administrative organ for reconsideration;(6) to carry out other functions and duties stipulated by the laws andregulations.
【章名】Chapter V Participants in Reconsideration
Article 26Citizens, legal persons, or other organizations that file an applicationfor reconsideration are applicants.Where a citizen who has the right to apply for reconsideration isdeceased, his/her near relatives may apply for reconsideration; where acitizen who has the right to apply for reconsideration is incompetent orwith limited capacity for conduct, his/her legal representative may applyfor reconsideration on behalf of him/her.Where a legal person, or any other organization, that has the right toapply for reconsideration terminates, the legal person or any otherorganization that succeeds to its rights may apply for reconsideration.Article 27Where any other citizen, legal person, or organization has an interest ina specific administrative act, for the reconsideration of which anapplication has already been filed, he/she or it may, with the approval ofthe administrative organ for reconsideration, file a request forparticipation in the reconsideration as a third party.Article 28Where a citizen, legal person, or organization applies for reconsiderationagainst a specific administrative act undertaken by an administrativeorgan, the said administrative organ is the defending party of theapplication.Where two or more administrative organs have undertaken a specificadministrative act in their combined name, the administrative organs whichhave jointly undertaken the specific administrative act are the jointdefending parties of an application. Where a specific administrative actis undertaken by an organization authorized by the Laws, regulations andrules, the said organization is the defending party of an application.Where a specific administrative act is undertaken by an organizationauthorized by the laws, regulations and rules, the said organization isthe defending party of an application.Where a specific administrative act is undertaken by an organizationentrusted by an administrative organ, the said commissioningadministrative organ is the defending party of an application.Where a specific administrative act has been undertaken by an organ whichhas already been abolished, the administrative organ that continues toexercise the abolished organ's functions and powers is the defending partyof an application.
【章名】Chapter VI Application and Acceptance
Article 29Where a citizen, a legal person or any other organization files anapplication for reconsideration with the administrative organ that hasjurisdiction over the case, he/she or it shall do so within 15 days fromthe day when he/she or it becomes aware of the specific administrativeact, except as otherwise stipulated by the laws and regulations. Where acitizen, a legal person or any other organization fails to observe thetime limit prescribed by law due to force majeure or other specialcircumstances, he/she or it may, within 10 days after the obstacle isremoved, apply for an extension of the time limit; the administrativeorgan that has jurisdiction shall decide whether to approve the aforesaidapplication or not.Article 30Where a citizen, a legal person or any other organization brings a suitbefore the people's court, and the people's court has accepted the case,then he/she or it may not apply for reconsideration.Where a citizen, a legal person or any other organization applies forreconsideration to an administrative organ, and the administrative organfor reconsideration has accepted the application, then the applicantmentioned above may not bring a suit before the people's court within thestatutory time limit for conducing reconsideration.Article 31The following requirements shall be met when an application is made forreconsideration:(1) the applicant shall be a citizen, a legal person, or any otherorganization that holds that a specific administrative act has directlyinfringed upon his/her or its lawful rights and interests;(2) there must be a specific defending party or parties of anapplications;(3) there must be a specific claim for reconsideration and a correspondingfactual basis;(4) the case must fall within the scope for application forreconsideration;(5) the case must fall under the jurisdiction of the administrative organthat accepts the said case;(6) other requirements stipulated by the laws and regulations.Article 32An applicant, while applying to an administrative organ forreconsideration, shall submit a written application for reconsideration.Article 33the written application shall contain the following contents:(1) the name, sex, age, occupation, and address of the applicant (the nameand address of the legal person or any other organization, and the name ofits legal representative);(2) the name and address of the defending party of the application forreconsideration;(3) the claim and reasons for applying for reconsideration;(4) the date of filing the application f