upon the lawful rights andinterests of the applicant and causes damage, and the applicant claims acompensation, the administrative organ for reconsideration may instructthe defending party of an application for reconsideration to make thecompensation in accordance with the provisions of the pertinent laws andregulations.After making the compensation, the defending party shall instruct thoseworking personnel of the administrative organ, who have committedintentional or gross mistakes in the case, to bear part or all of thedamages.Article 45While making its reconsideration decision, the administrative organ forreconsideration shall prepare a written reconsideration decision. Thewritten reconsideration decision shall indicate the following items:(1) the name, sex, age, occupation, and address of the applicant (the nameand address of the legal person or of any other organization, and the nameof its legal representative);(2) the name and address of the defending party of an application, thename and position of its legal representative;(3) the main claims and reasons for the application for reconsideration;(4) the facts and reasons, as established by the administrative organ forreconsideration; and the laws, regulations and rules as well as thedecisions and orders with a general binding force applied;(5) the conclusion of the reconsideration;(6) the time limit for bringing a suit before the people's court if theapplicant does not accept the reconsideration decision; or the time limitfor the parties to execute the final decision on the reconsideration case;(7) the date (year, month, day) on which the reconsideration decision ismade. The written decision on the reconsideration case shall be signed bythe legal representative of the administrative organ for reconsideration,with the official seal of the administrative organ for reconsiderationaffixed to it.Article 46The administrative organ for reconsideration shall, within two monthsafter the day of receiving the reconsideration application, make itsreconsideration decision, except as otherwise provided for in the laws andregulations.Once the written reconsideration decision is served on the partiesconcerned, it shall become legally effective.
Article 47With the exception that the reconsideration is final as provided for bylaw, an applicant who does not accept a reconsideration decision may,within 15 days from the days of receiving the written decision, or withinother time limits as prescribed by the laws and regulations, bring a suitbefore the people's court.Where an applicant neither initiates a suit before the people's court, norimplement the reconsideration decision within the time limit, the caseshall be dealt with according to different conditions:(1) with respect to a reconsideration decision sustaining the originalspecific administrative act, the administrative organ, which hasoriginally undertaken the specific administrative act, shall apply to thepeople's court for compulsory execution, or proceed with compulsoryexecution according to law;(2) with respect to a reconsideration decision changing the originalspecific administrative act, the administrative organ for reconsiderationshall apply to the people's court for compulsory execution, or proceedwith compulsory execution according to law.
【章名】Chapter VIII Time Periods and Service
Article 48Time periods shall be counted by the hour, the day, and the month. Thehour and the day from which a time period begins shall not be counted aswithin the time period. If the expiration date of a time period falls on aholiday, then the day immediately following the holiday shall be regardedas the expiration date.A time period shall not include travelling time.Article 49The service of a written reconsideration decision must be certified by acertificate of service, on which the date of receipt shall be indicated bythe recipient of the service and his signature or seal shall be affixed.The date of receipt indicated on the certificate of service by therecipient of the service, shall be the date of service.With respect to service by mail, the date indicated in the receipt ofregistered mail shall be the date of service.Article 50When a written reconsideration decision is served by the administrativeorgan for reconsideration, it shall be delivered directly to the recipientof service; if the recipient of service is absent, it shall be deliveredto an adult family member living together with him/her, or to the unit towhich he/she belongs, for a signed receipt; if the person has designatedan agent to receive it for him, then the written decision shall bedelivered to the agent for a signed receipt; if the person is a legalperson or other organization, the written decision shall be delivered toits reception office for a signed receipt.In case that the recipient of service refuses to receive the writtenreconsideration decision, the person serving the decision shall invitepersons concerned to be present on the scene, explain the situation tothem, record in the certificate of service the reasons for and the date ofthe refusal, and the certificate of services shall be signed or sealed bythe person serving the decision, and the witnesses, then the writtendecision shall be left at the residence or at the reception office, theservice shall be deemed as completed.Article 51The administrative organ for reconsideration may entrust otheradministrative organs with the service of a reconsideration decision ormaking the service by mail.
【章名】Chapter IX Legal Responsibility
Article 52In case that the defending party of an application for reconsiderationrefuses to implement a reconsideration decision, the administrative organfor reconsideration may directly impose administrative sanctions on thelegal representative of the defending party, or suggest that thedepartment concerned should do so.Article 53In case that the personnel handling reconsideration cases have neglectedtheir duties or bent the law for the benefit of themselves, theadministrative organ for reconsideration, or other competent departmentsconcerned, shall criticize and admonish them, or impose administrativesanctions on them; if the case is serious enough to constitute a crime,criminal responsibilities shall be investigated according to law.Article 54In case that participants in a reconsideration case, or other personsconcerned, refuse or hamper, without resorting to violence or threats, thepersonnel handling reconsideration cases from executing their dutiesaccording to law, the organs of public security shall, in accordance withthe provisions of Article 19 in the Regulations of the People's Republicof China on Administrative Penalties for Public Security, impose on theaforesaid persons detention for not more than 15 days, or a fine of 200yuan (RMB) or less, or a warning. With respect to those who have resortedto violence or threat to hamper the personnel handling reconsiderationcases from executing their duties, their criminal responsibilities shallbe investigated according to law.
【章名】Chapter X Supplementary Provisions
Article 55These Regulations shall apply to the resorting to administrativereconsideration by foreigners, stateless persons, or foreign organizationsengaged in administrative reconsideration in the People's Republic ofChina, except as otherwise provided for by the laws and regulations.Article 56The Bureau of Legislative Affairs of the State Council shall beresponsible for the interpretation of these Regulations.Article 57These Regulations shall become effective as of January 1, 1991.
庫 名: 01. 國家法律法規(guī)庫(49年--94年)(全 部)
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