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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II REVIEW BODIES CHAPTER III APPLICATION CHAPTER IV ACCEPTANCE CHAPTER V EXAMINATION CHAPTER VI DECISION CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to regulate the procedures for the handling of administrative review cases by public security bodies, to prevent and correct illegal or improper specific administrative actions, to protect the legitimate rights and interests of the citizens, legal persons and other organizations and to guarantee and supervise public security bodies' exercise of authorities according to law, these Provisions have been enacted in accordance with the Law of the People's Republic of China on Administrative Review (hereinafter referred to Administrative Review Law) and other relevant laws and regulations, and in light of the actual public security work. Article 2. The public security administrative review bodies used in these Provisions shall refer to the public security bodies of the local people's governments at the county level and above, the public security bodies of Xinjiang Production and Construction Corps, the public security bodies of traffic control, the public security bodies of frontier defense, and the general stations of entry and exit frontier inspection. These Provisions shall apply to the handling of administrative review cases by the public security bodies of railway, communication, civil aviation and forestry. Article 3. The public security administrative review agencies used in these Provisions shall refer to the agencies responsible for legal affairs in public security administrative review bodies. Pubic security administrative review agencies shall be responsible for the concrete handling of administrative review cases, whereas the agencies of legal affairs set up in the departments of public security bodies shall not handle administrative review cases. Article 4. Where a public security administrative review agency accepts oral applications for administrative review, and makes investigation with the relevant organizations and personnel and hears opinions of the applicant, the party against which the application is filed and the third party, there shall be at least two personnel handling the case. Article 5. The fund needed for handling administrative review cases by public security administrative review agencies shall be allocated from the public security expenses of the corresponding level. And the public security administrative review bodies shall guarantee the equipment and work conditions necessary for handling pubic security administrative review cases. Article 6. In handling of administrative review cases, public security administrative review bodies shall abide by the principles of legality, justice, openness, timeliness and convenience for the people, correct any mistake made and ensure correct implementation of the laws and regulations of the state. Article 7. If any citizen, legal person or other organization objects the specific administrative action conducted by a public security body, it may apply for administrative review with the people's government at the same level as that of the public security body, it may also apply for administrative review with the public security body in-charge at the next higher level, except that there are otherwise provisions in laws and regulations. CHAPTER II REVIEW BODIES Article 8. For objections to the specific administrative actions conducted by the public security bodies of the people's governments at the county level and above, the application for administrative review shall be filed pursuant to the following provisions: (1) For objections to specific administrative actions conducted by the Ministry of Public Security, the public security departments (bureaus) of the provinces (autonomous regions and municipalities directly under the Central Government) or the public security bureau of Xinjiang Production and Construction Corps; the application for administrative review shall be filed with the Ministry of Public Security; (2) For objections to the specific administrative actions conducted by the pubic security bureaus (divisions) of the cities (prefectures, leagues); the application for administrative review shall be filed with the public security departments (bureaus) of the provinces (autonomous regions and municipalities directly under the Central Government); (3) For objections to the specific administrative actions conducted by the pubic security bureaus of the counties (cities, banners); the application for administrative review shall be filed with the pubic security bureaus divisions) of the cities (prefectures, leagues); and (4) For objections to the specific administrative actions conducted by the public security branches of the cities, the applications for administrative review shall be filed with the pubic security bureaus of the cities. Article 9. For objections to the specific administrative actions conducted by the public security bureaus directly affiliated to the public security departments (bureaus) of the provinces (autonomous regions and municipalities directly under the Central Government), or the public security branches directly affiliated to the public security bureaus (divisions) of the cities (prefectures, leagues), the application for administrative review shall be filed with the pubic security departments (bureaus) of the provinces (autonomous regions and municipalities directly under the Central Government), or the public security bureaus (divisions) of the cities (prefectures, leagues) that set up the said directly affiliated public security bureaus or branches. Article 10. For objections to the specific administrative actions conducted by the public security agencies of fire control established in the public security bodies of the local people's governments at the county level and above, the application for administrative review shall be filed with the said pubic security bodies. Article 11. For objections to the specific administrative actions conducted by the public security agencies of traffic control established in the public security bodies of the local people's governments at the county level and above, the application for administrative review shall be filed with the said public security bodies. For objections to the specific administrative actions conducted by the traffic police detachments, brigades (teams) established under the public security agencies of traffic control, the application for administrative review shall be filed with the pubic security agencies of traffic control at the next higher level. Article 12. For objections to the specific administrative actions conducted by the entry and exit border inspection stations, the application for administrative review shall be filed with the general station of entry and exit border inspection. Article 13. For objections to the specific administrative actions conducted by the pubic security border departments, the application for administrative review shall be filed with the pubic security border departments at the next higher level; for objections to the specific administrative actions conducted by the pubic security border departments in the name of the local public security bodies, the application for administrative review shall be filed with the pubic security bodies of the local people's governments at the county level or above. Article 14. For objections to the specific administrative actions conducted by the police stations, the application for administrative review shall be filed with the public security bodies that set up the said police stations. Article 15. For objections to the specific administrative actions conducted by the internal agencies or detached agencies of public security bodies, which have been authorized by any law or regulation, by exceeding the authorized scope, the application for administrative review shall be filed with the public security bodies to which the said internal agencies belong or which set up the said detached agencies. For objections to the specific administrative actions conducted by the internal agencies or detached agencies of public security bodies, which have not been authorized by any law or regulation, in their own names, the application for administrative review shall be filed with the public security bodies at the next higher level of the public security bodies to which the said internal agencies belong or which set up the said detached agencies. Article 16. For objections to the specific administrative actions approved by the public security bodies at the higher levels, the application for administrative review shall be filed with the public security bodies at the next higher level of the public security bodies that affixed its seal on the documents with external legal effect. CHAPTER III APPLICATION Article 17. An application for administrative review may be filed either in writing or orally. Article 18. In case of an written application, an Application Form for Administrative Review shall be submitted and contain the following information: (1) Names, genders, birth dates, working entities, domiciles and contact methods of the applicant and his agent, name and address of the legal person or other organization, and name, post, domicile and contact method of its legal representative or major principal; (2) Name and address of the party against which the application is filed, and name of its legal representative; (3) Administrative review requests; (4) Facts and reasons of the application for administrative review; and (5) Date of the application for administrative review. The Application Form for Administrative Review shall bear the signature or fingerprint of the applicant. Article 19. In case of an oral application, the public security administrative review agency shall record, on the spot, the basic information of the applicant, the administrative review requests and the major facts, reasons and time of the application for administrative review, and the applicant shall affix his signature or fingerprint on the record after confirming there is no mistake upon verification or after the record is readout to him. Article 20. If the applicant misses the legal time limit for application due to justified reasons other than force majeure, it shall submit the corresponding certifications, which shall be confirmed by the public security administrative review agency. The other justified reasons mentioned in the preceding paragraph include: (1) The applicant is unable to file the application for administrative review within the legal time limit due to serious disease; (2) The applicant is a person of legal incapacity or of limited disposing capacity, and the his legal agent can't be determined within the legal time limit for application; (3) The legal person or other organization is merged, split or terminated, and the legal person or other organization that inherits the rights can't be determined within the legal time limit for application; and (4) Other justified reasons for failing to file the application within the statutorily prescribed time limit acknowledged by the public security administrative review agency. Article 21. If a public security body, when conducting the specific administrative action, has failed to inform the citizen, legal person or other organization the right to administrative review or the time limit for application for administrative review, the time limit shall be calculated from the day on which the citizen, legal person or other organization knows or should know the right to administrative review or the time limit for application for administrative review. If a public security body, when conducting the specific administrative action, hasn't made or served the legal documents, and the citizen, legal person or other organization raises objection and applies for administrative review, the public security administrative review body shall accept the application as long as the existence of the specific administrative action can be proved. The time limit for application for administrative review shall be calculated from the day on which the existence of the specific administrative action is proved. Article 22. The following times may be held as the time when the applicant knows the specific administrative action: (1) If the administrative action is conducted on the spot, the time of conducting shall be the time when the specific administrative action is known; (2) It the legal documents of conducting the specific administrative action is directly served to the addressee, the time when the addressee signs for receipt shall be the time when he knows it. If the addressee is not present when the documents are served, the time when the relative with civil capacity, who lives together with the addressee, signs for receipt shall be the time when he knows it. If the addressee designate a receiver, the time when the receiver signs for receipt shall be the time when he knows it. If the addressee is a legal person or other organization, the time when its dispatch department signs for receipt shall be the time when he knows it; (3) If the addressee refuses to accept the legal documents of conducting the specific administrative action, and the server and eyewitness affix their signatures or stamps on the receipt, the time of signed on the return of service shall be the time when he knows it; (4) If the party is served by mail, the time when the party signs for receipt of the mail shall be the time when he knows it; (5) If the party is served by public announcement, the day following the expiration date provided for by the announcement shall be the time when he knows it; (6) If no time limit for performance is provided for by laws, regulations, rules and other regulatory documents, the day following the day when the public security body receives the application for performance of legal duties shall be the time when the applicant knows it. If there is a time limit provided for by laws, regulations, rules or other regulatory documents, the day following the expiration date shall be the time when he knows it. Article 23. Where a citizen, legal person or other organization applies for performance of legal duties by a public security body and there is no time limit for performance provided for by laws, regulations, rules and other regulatory documents, if the pubic security body fails to perform the duties within 60 days from receiving the application, the citizen, legal person or other organization may applies for administrative review pursuant to law. If there is a time limit for performance provided for by any law, regulation, rule or any other regulatory document, such provisions shall be observed. If the applicant applies for performance of legal duties by a public security body when its legitimate rights and interests are being infringed upon or under other urgent circumstances, and the public security body fails to perform the duties, the applicant may apply for administrative review from the next day. Article 24. Where the applicant applies for administrative review when his personal freedom is restricted, the execution place shall register the application and transmit his application form for administrative review to the public security administrative review body within 3 days. The time of transmitting the application shall not be included in the examination period for the application for administrative review. CHAPTER IV ACCEPTANCE Article 25. Public security administrative review agencies are responsible for accepting the applications for administrative review filed by citizens, legal persons and other organizations. Where any other internal agency of the public security administrative review body receives the Application From for Administrative Review, it shall register the application and transmit it to the public security administrative review agency on the current day; in case of an oral application for administrative review, the internal agency shall inform the applicant to file the application with the public security administrative review agency pursuant to law. Article 26. After a public security administrative review agency receives an application for administrative review, it shall make a preliminary examination on whether the application meets the following conditions: (1) Whether the citizen, legal person or other organization filing the application is qualified as applicant; (2) Whether there is a definite party against which the application is filed and whether there are administrative review requests; (3) Whether the application falls within the scope of administrative review; (4) Whether the time limit for administrative review is exceeded; and (5) Whether the application falls within the acceptance scope of this agency. Article 27. From the day of receiving a application for administrative review, the public security administrative review agency shall handle it in any of the following ways within 5 days: (1) Accepting the application if it meets provisions of the Administrative Review Law; (2) Deciding to reject the application if it doesn't meet provisions of the Administrative Review Law, and shall make the Written Decision of Rejecting Application for Administrative Review; (3) If the application meets the provisions of the Administrative Review Law but doesn't fall within the acceptance scope of the agency, informing the applicant to file the application with the administrative review agency competent for acceptance. Article 28. The following situations don't fall with the scope of public security administrative review: (1) Objections to the criminal judicial actions, such as criminal enforcement measures, criminal investigation measures, conducted in the handling of criminal cases; (2) Objections to the mediation conducted by public security bodies pursuant to law; (3) Objections to the appraisal conclusions made in the handling of fire accidents, traffic accidents and other administrative cases; (4) Objections to the rejection of appeal; or (5) Other applications for administrative review that shall not be accepted pursuant to law. Where the applicant regards that the public security body's criminal judicial action interferes with economic dispute by abusing or exceeding its power, the public security administrative review body shall, before making the decision of rejection, report to the public security administrative review body at the next higher level. Article 29. In the examination of an application for administrative review, the public security administrative review agency may inform the citizens, legal persons or other organizations that have interest relations with the specific administrative action, against which the administrative review is applied for, to participate in the administrative review as a third party. Article 30. The citizens, legal persons or other organizations that regard themselves as having interest relations with the specific administrative action, against which the administrative review is applied for, may apply to the public security administrative review body for participating in the administrative review as a third party. Article 31. If the citizens, legal persons or other organizations that have interest relations with the specific administrative action, against which administrative review is applied for, are told to participate in the administrative review or their applications for participation are permitted, their failure to participate without justified reasons will not affect the administrative review process. Article 32. If the applicant or third party entrusts an agent to participate in the administrative review, the power of attorney bearing the signature or stamp of the trustor shall be submitted to the pubic security administrative review agency, and the power of attorney shall include the trust matters and specific limits of authority. If the applicant or third party cancels or alters the entrustment, the public security administrative review agency shall be notified in written form. Article 33. Where there is any dispute arising among public security administrative review bodies for acceptance of application for administrative review, the twp parties to the dispute shall settle the dispute through consultation. If the consultation fails, the public security body at the next higher level of both parties shall designate the party to accept the application. Article 34. Where an applicant files an application for administrative review pursuant to law and the public security administrative review body delays or refuses to accept the application without justified reasons, the public security body at the next higher level shall order the said body to accept the application. Article 35. When a public security body at the higher level orders a public security body at the lower level to accept an application for administrative review, it shall make the Notification on Order to Accept Application for Administrative Review and send the notification to the body ordered, and notify the applicant. The public security body ordered to accept application for administrative review shall be regarded as accepting the application when it receives the Notification on Order to Accept Application for Administrative Review. After the administrative review decision is made, it shall submit the Written Administrative Review Decision to the ordering body for record. Article 36. If the public security body at the higher level regards that it goes against lawful and just handling to order a public security body at the lower level to accept the application for administrative review, it may accept the application directly. CHAPTER V EXAMINATION Article 37. A public security administrative review agency shall make an all-around examination of the following matters of the specific administrative action conducted by the party against which the application is filed: (1) Whether the major facts are clear and whether the evidences are conclusive; (2) Whether the basis applied is correct; (3) Whether the legal procedures are complied with; (4) Whether the authorities are exceeded or abused; (5) Whether there is anything obviously improper; and (6) Whether the case is non-performance of legal duties. Article 38. A public security administrative review agency shall make an examination of the following matters when examining the matters provided for in Article 37 of these Provisions: (1) Whether the specific administrative action shall be stopped from execution; (2) Whether it is needed to notify a third party to participate in the administrative review; (3) Whether it is needed to submit the case to the public security administrative review body for collective discussion; and (4) Whether it is needed to hear the parties' opinions vis-a-vis. Article 39. A public security administrative review agency shall stress the examination of the following matters with respect to administrative punishment decisions: (1) Whether the party against which the application is filed has legal authorities; (2) Whether the facts are clear and whether the evidences are conclusive; (3) Whether the basis applied is correct; (4) Where there is obvious improperness in the measurement of punishment; and (5) Whether the legal procedures are complied with. Article 40. A public security administrative review agency shall stress the examination of the following matters with respect to administrative enforcement measure decisions: (1) Whether the party against which the application is filed has legal authority; (2) Whether the legal conditions are met; (3) Whether the legal scope and time limit are complied with; (4) Whether the basis applied is correct; and (5) Whether the legal procedures are complied with. Article 41. A public security administrative review agency shall stress the examination of the following matters with respect to administrative licenses: (1) Whether the licensed matter falls within the legal duties of the party against which the application is filed; (2) Whether the reason for not granting license is justified; (3) Whether the matter falls within the legal license scope; and (4) Whether the legal procedures are complied with. Article 42. A public security administrative review agency shall stress the examination of the following matters with respect to the administrative review cases in which the applicant regards that the party against which the application is filed fails to perform the legal duties: (1) Whether the matter falls within the legal duties of the party against which the application is filed; (2) Whether the party against which the application is filed expressly refuses to perform the duties or doesn't reply; (3) Whether the legal time limit for performance is exceeded; and (4) Whether the reason given by the party against which the application is filed for failure to perform within the legal time limit or to perform in time is justified. The failure to perform legal duties provided for in the preceding paragraph refers to that the party against which the application is filed shall perform its legal duties within the legal time limit or an appropriate period with respect to the application filed by the applicant, but refuses to perform or delays the performance without justified reasons. If the party against which the application is filed has actually performed its duties, but it is not necessary to continue the performance or the performance is not complete due to force majeure or any other reason that doesn't attribute to the party against which the application is filed, the case shall not be failure to perform legal duties. Article 43. A public security administrative review body shall make the examination in the following aspects with respect to the "provisions" and "basis" provided for in Articles 26 and 27 of the Administrative Review Law: (1) Whether they are incompatible with the regulatory documents of higher authorities; (2) Whether they contradict with the regulatory documents of the same level of authorities; and (3) Whether they fall within the legal authority scope of the enacting bodies. Article 44. A public security administrative review body has the power to examine the following regulatory documents pursuant to law: (1) Regulatory documents enacted by the public security bodies at the same level; and (2) Regulatory documents enacted by the public security bodies at the lower levels. Article 45. A public security administrative review body shall handle the regulatory documents that it holds unlawful according to the following principles: (1) Those enacted by the public security bodies at the same level shall be repealed or revised within 30 days; (2) Those enacted by the public security bodies at the lower levels shall be cancelled within 30 days, or the public security bodies at the lower levels shall be ordered to repeal or revise those documents within 30 days. Article 46. A public security administrative review agency shall make the Letter of Submission for Examination of Regulatory Documents with respect to the following regulatory documents that need to be examined in administrative review, and shall transmit the letter according to the procedures: (1) Regulatory documents enacted by the administrative bodies at the higher levels of the public security administrative review body; (2) Other regulatory documents that the public security administrative review body doesn't have the power to handle. Article 47. Regulatory documents shall be transmitted according to the following provisions: (1) Regulatory documents enacted by the administrative bodies at the higher levels shall be transmitted to the bodies that enacted the said documents pursuant to the procedures; (2) Regulatory documents enacted by other administrative bodies at the same level as the public security administrative review body, or by the bodies at the lower levels of those administrative bodies shall be transmitted to the said administrative bodies. Article 48. Regulatory documents jointly enacted by a public security administrative review body and other administrative bodies shall be handled through consultation with the administrative bodies that jointly enacted the regulatory documents. Article 49. The bodies handling the relevant regulatory documents pursuant to Articles 26 and 27 of the Administrative Review Law shall inform, in written form, the enacting bodies and the public security administrative review body the conclusion of handling. The conclusion of handling mentioned in the preceding paragraph include: (1) The regulatory documents that are lawful shall be maintained; and (2) The regulatory documents that are unlawful shall be, regarding the circumstances, cancelled or repealed, or opinions on revision shall be presented and the enacting bodies shall be ordered to make revision within the prescribed time limit. Article 50. In the course of examination of regulatory documents, a public security administrative review body shall suspend the examination of the specific administrative action, and may decide to stop the execution of the specific administrative action if necessary. Article 51. Major and complicated administrative review cases shall be submitted to the public security administrative review body for collective discussion. The major and complicated administrative review cases mentioned in the preceding paragraph refer to: (1) Cases involving state interest, public interest and with significant influence; (2) Major cases involving foreign elements or involving Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan area; and (3) Other administrative review cases that the public security administrative review body regards as major and complicated. Article 52. In any of the following situations, a public security administrative review agency may investigate and collect evidences from the relevant organizations and personnel: (1) The applicant dissents with the major facts of the case; (2) The evidences provided by the party against which the application is filed contradict with each other; (3) The applicant or third party presents new evidences which may overthrow the major facts confirmed by the party against which the application is filed; or (4) Other situations that need investigation and collection of evidences. The evidences collected and supplemented by the public security administrative review agency during the administrative review may not be taken as the basis for maintaining the original specific administrative action by the public security administrative review body. Article 53. Written review shall by adopted in administrative review as a principle, however, in any of the following situations, the public security administrative review agency shall hear, vis-a-vis, the opinions of the applicant, the party against which the application is filed and the third party: (1) The parties request hearing of opinions vis-a-vis; (2) The case is complicated and it is needed that the parties explain the situation face to face; (3) The case involves administrative compensation; or (4) Other situations in which it is needed to hear the opinions vis-a-vis. In case of hearing opinions vis-a-vis, the parties' right to equal statement, cross-examination and argumentation shall be guaranteed. Article 54. In case of hearing opinions vis-a-vis, a record shall be made and the following contents shall be included: (1) Time, venue, and names of the personnel handling the case; (2) Basic information of the applicant, the party against which the application is filed and the third party; (3) Cause of the case; (4) Facts, reasons, legal basis stated by the applicant and the party against which the application is filed, and their respective requests and the focus of argumentation; and (5) Evidence materials such as the witness's testimony etc. The record of hearing of opinion vis-a-vis shall be verified by the participants and bear their signatures or fingerprints. Article 55. When the party against which the application is filed submits evidences, basis and other relevant materials for the specific administrative action conducted, it shall make a written reply in the name of the body that conducted the specific administrative action, and the reply shall include the following contents: (1) Basic information of the case; (2) Facts and basis held by the specific administrative action; (3) Opinions on the matters for which the administrative review is applied for; and (4) Requests of the party against which the application is filed. Article 56. In the course of administrative review, the party against which the application is filed may not collect evidences from the applicant and other organizations or individuals by itself. In any of the following situations, the party against which the application is filed may supplement relevant evidences upon permission of the public security administrative review body: (1) It collected evidences when the specific administrative action is conducted, but failed to provide due to justified reasons like force majeure, etc.; or (2) The applicant or third party provides, in the course of administrative review, rebuttal reasons or evidences that they didn't provide when the public security body conducted the specific administrative action. Article 57. The applicant and third party shall provide corresponding evidence materials with respect to the following facts of the specific administrative action for which the administrative review is applied for: (1) To prove the application for administrative review meets the legal conditions, however, except that the party against which the application is filed regards that the applicant exceeds the legal time limit for application for administrative review; (2) In an case of application for administrative review of failure of the party against which the application is filed to perform legal duties, to prove that they have requested the party against which the application is filed to perform the duties; (3) In the application for administrative compensation filed together with the application for administrative review, the applicant shall prove he/it has suffered losses due to the specific administrative action; and (4) Other situations in which evidence materials shall be provided. Article 58. In the course of administrative review, if the applicant, the party against which the application is filed or the third party dissents with the appraisal conclusion, an appraisal may be conducted anew pursuant to law. Article 59. If the applicant and third party, as well as their agents, participate in the administrative review, they may consult the written reply, the evidences and basis for conducting the specific administrative action, and other relevant materials provided by the party against which the application is filed, however, except those involving state secrets, business secrets or personal privacy. If the applicant and third party, as well as their agents, need to consult the reply, the evidences and basis for conducting the specific administrative action, and other relevant materials provided by the party against which the application is filed, they shall raise the request to the public security administrative review agency before the administrative review decision is made. Article 60. If the applicant requests to withdraw the application for administrative review before the administrative review decision is made, it may do so after explaining the reasons. After the public security administrative review body allows the applicant to withdraw the application for administrative review, if the applicant files an application for administrative anew on the basis of the same facts and reasons, the public security administrative review body will reject that application. Article 61. In any of the following situations, the applicant shall not be allowed to withdraw the application for administrative review: (1) Withdrawal of the application for administrative review may damage the state interest, public interest or the legitimate rights and interests of others; (2) Withdrawal of the application for administrative review is not the free will of the applicant; or (3) Other situations in which it is not allowed to withdraw the application for administrative review. Article 62. In the course of administrative review, in any of the following situations the administrative review shall be suspended except those provided for in Articles 26 and 27 of the Administrative Review Law: (1) The applicant or third party dies, and it is needed to wait for the close relatives of the dead to participate in the administrative review; (2) The applicant or third party loses the capacity to act, and his agent has not been determined; (3) The legal person or other organization as the applicant is terminated, and the inherit of its rights has not been determined; (4) The applicant has been imposed on criminal enforcement measures for the very illegal fact against which the public security body conducted the specific administrative action; (5) The applicant, the party against with the application is filed or third party is unable to participate in the administrative review due to force majeure or other justified reasons; (6) It is needed to wait for the appraisal conclusion; (7) The case involves issues of application of law and needs interpretation or confirmation by the relevant bodies; or (8) Other situations in which the administrative review shall be suspended. Where the administrative review is suspended, the public security administrative review body shall make the Written Decision of Suspending Administrative Review, which shall be served to the applicant, the third party and the party against which the application is filed. After the causes for suspending the administrative review are eliminated, the administrative review shall be resumed in time. Article 63. In the course of an administrative review, in any of the following situations the administrative review shall be terminated except those provided for in Article 25 of the Administrative Review Law: (1) The party against which the application is filed cancels the specific administrative action it conducted, and the applicant withdraws the application for administrative review; (2) The applicant for administrative review is found to fail to meet the provisions of the Administrative Review Law after it is accepted; (3) The citizen applying for administrative review dies and has no close relatives, or the close relatives voluntarily waive the application for administrative review; (4) After the legal person or other organization applying for administrative review is terminated, there is no legal person or other organization to inherit its rights, or the legal person or other organization inheriting its rights waive the application for administrative review; or (5) The applicant has been imposed on criminal penalty for the very illegal fact against which the public security body conducted the specific administrative action. Where the administrative review is terminated, the public security administrative review body shall make the Written Decision of Terminating Administrative Review, which shall be served to the applicant, the party against which the application is filed or the third party. Article 64. Where it is needed to stop the execution of a specific administrative action, the public security administrative review body shall make the Notification on Decision of Stopping Execution of Specific Administrative Action, which shall be served to the party against which the application is filed, and be informed to the applicant and third party. CHAPTER VI DECISION Article 65. In any of the following situations, it shall be decided that the party against which the application is filed shall perform its legal duties within a certain period: (1) The party against which the application is filed has he legal duties, and it expressly refuses to perform or makes no reply; or (2) The party against which the application is filed has the legal duties, and there is a time limit for performance, but the said party fails to perform or reply within the time limit. For the cases where there is no time limit for performance, the public security administrative review body may determine the time limit for performance or order the taking of corresponding measures according to the concrete details of the case and the actual possibilities of performance. Article 66. In any of the following situations, the specific administrative action shall be held as illegal: (1) The party against which the application is filed failed to perform the legal duties, but there is no actual meaning to order it to perform the duties any longer; (2) The specific administrative action can't be cancelled or altered; or (3) The specific administrative action can't establish or is invalid pursuant to law. Article 67. Where a public security administrative review body decides to cancel a specific administrative action or holds that action as illegal, and orders the party against which the application is filed to conduct a specific administrative action anew, it may at the same time determine the time limit for conducting the specific administrative action anew if necessary. And the time limit determined may not exceed 60 days at the most. Where the party against which the application is filed conducts the specific administrative action anew, it shall report in written form to the public security administrative review body for record. If any citizen, legal person or other organization objects the specific administrative action conducted anew, they may apply for administrative review or bring an administrative suit pursuant to law. Article 68. In any of the following situations, it shall be held that the applied basis for the specific administrative action is wrong: (1) The applied basis has been invalidated or repealed; (2) The applied basis has not come into force; (3) The applied basis is improper; or (4) Other situations wrong basis is applied. Article 69. In any of the following situations, the specific administrative action shall be held as violating the legal procedures: (1) Any person who shall withdraw pursuant to law fails to do so; (2) Failing to perform the obligation of informing before an administrative punishment decision is made; (3) Refusing to hear the statement and pleadings of the parties; (4) Failing to hold a hearing which shall have been held; or (5) Other situations violating laws, regulations and rules. Article 70. In any of the following situations, the specific administrative action shall be held as exceeding of the authorities: (1) Exceeding the scope of district jurisdiction; (2) Exceeding the law enforcing authorities; or (3) Other situations exceeding the authorities. Article 71. Where the party against which the application is filed failed willfully conducts improper specific administrative action within its legal authorities and infringes upon the legitimate rights and interests of the applicant, the specific administrative action shall be held as abusing its authority. Article 72. If a specific administrative action conducted by the party against which the application is filed failed is obviously different from those of the same nature and circumstances, the public security administrative review body may hold that specific administrative action is obviously improper. Article 73. With respect to the cases with complicated situations for which an administrative review decision can't be made within the prescribed time limit and the period of administrative review period needs to be extended, the public security administrative review body shall make a Notification on Extension of Administrative Review Period, which shall be served to the applicant and the party against which the application is filed. The complicated situations mentioned in the preceding paragraph include: (1) Where it is necessary to appraise, examine or supplement the new evidences presented by the applicant or third party in the course of the administrative review, but the appraisal, examination or supplement can't be finished within the legal administrative review period; (2) Where it is necessary to further investigate and verify the facts held by the specific administrative action conducted by the party against which the application is filed, or the applicant or third party requests for further investigation and verification, and the investigation and verification can't be finished within the legal administrative review period; (3) The administrative review case involves several parties and different regions, and can't be concluded within the legal administrative review period; and (4) Other complicated situations in which an administrative review decision can't be made within the legal administrative review period. Article 74. When making an administrative review decision, the public security administrative review body shall make the Written Administrative Review Decision, which shall contain the following contents: (1) Names, genders, ages, vocations, and addresses of the applicant, third party and their agents, name, address and legal representative, of the legal person or other organization; (2) Name, address and legal representative of the party against which the application is filed failed; (3) Administrative review requests of the applicant; (4) Facts and reasons presented by the applicant; (5) Facts and reasons replied by the party against which the application is filed failed; (6) Facts, reasons held and basis applied by the public security administrative review body; (7) Administrative review conclusion; (8) Time limit for bringing an administrative suit before the people's court for objection to the administrative review decision, or time limit for performance of the final decision; and (9) Date of making the administrative review decision. The Written Administrative Review Decision shall bear the stamp of the public security administrative review body or the special stamp of public security administrative review. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 75. Public security bodies shall establish the system of record of written public security administrative review decisions. Article 76. Service used in these Provisions include direct service, service by leaving rejected legal processes at the place of abode, service by mail and service by public announcement. Returns of Service shall be used in service of the relevant legal documents, registered letters shall be used in service by mail. Article 77. These Provisions shall come into force on January 1, 2003. If any relevant provisions enacted by the Ministry of Public Security before promulgation of these Provisions are inconsistent with these Provisions, the latter shall prevail. |
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