行政复议条例（二）_法律英语

行政复议条例（二）

文章来源：文章作者：发布时间：2007-05-09 03:10 字体： [大中小]　进入论坛

(单词翻译:双击或拖选)

Article 32 An applicant¹， while applying to an administrative² organ for reconsideration， shall submit a written application for reconsideration.

　　Article 33 The written application shall contain the following contents：

　　（1） The name， sex， age， occupation， and address of the applicant （the name and address of the legal person or any other organization， and the name of its legal representative）；

　　（2） The name and address of the defending party of the application for reconsideration；

　　（3） The claim and reasons for applying for reconsideration；

　　（4） The date of filing the application for reconsideration.

　　Article 34 The administrative organ for reconsideration shall， within 10 days from the date of receiving the written application for reconsideration， handle the reconsideration applications respectively as follows：

　　（1） Reconsideration applications that are in conformity³ with the provisions of these Regulations shall be accepted；

　　（2） Reconsideration applications that are not in conformity with one of the provisions in Article 31 of these Regulations shall not be accepted， and the applicant shall be notified of the reasons for this decision；

　　（3） Where a written reconsideration application fails to include one item of the contents as prescribed in the provisions of Article 33 of these Regulations， the written application shall be returned to the applicant， and a time limit for making up the said contents shall be set. If the applicant fails to fulfil the making-up， the above mentioned application shall be considered to have not been made.

　　Article 35 Where a citizen， a legal person， or any other organization has filed an application for reconsideration according to law， but the administrative organ for reconsideration refuses， without any justification⁴， to accept the application or fails to respond to the application， the administrative organ at the next higher level， or the administrative organ prescribed by the laws and regulations， shall instruct the said administrative organ for reconsideration to accept the said application or to respond to the application.

　　Article 36 Except as otherwise provided by the laws and regulations， in circumstances where， in accordance with the provisions of pertinent⁵ laws and regulations， a person concerned shall first apply to an administrative organ for reconsideration and then bring a suit before a people's court if the person concerned does not accept the reconsideration decision， if the applicant does not accept the decision made by the administrative organ for reconsideration to reject the application， the applicant may， within 15 days from the date of receiving the written decision on the rejection⁶ of the application， bring a suit before the people's court.

　　Chapter VII Hearing and Decision

　　Article 37 Administrative reconsideration shall be conducted by applying the system of reconsideration by written documents； however， when administrative organ for reconsideration deems it necessary， other forms for hearing of reconsideration cases may be adopted.

　　Article 38 The administrative organ for reconsideration shall， within 7 days from the day of filing the case， deliver a copy of the written application for reconsideration to the defending party of the said application. The defending party of the application shall， within 10 days from the day of receiving the copy of the written application for reconsideration， provide the administrative organ for reconsideration with the relevant materials or evidence for undertaking⁷ the specific administrative act and submit a written defence. Failure by the defending party to submit a written defence within the time limit shall not stop the procedures of reconsideration.

　　Article 39 In the course of hearing a reconsideration case， execution of the specific administrative act shall not be suspended. However， under one of the following circumstances， the execution of the specific administrative act may be suspended：

　　（1） Where suspension is deemed necessary by the defending party；

　　（2） Where suspension is deemed necessary by the administrative organ for reconsideration；

　　（3） Where suspension of execution is requested by the applicant and the administrative organ for reconsideration deems it reasonable and makes the decision on the suspension of the execution；

　　（4） Where suspension is required by the provisions of the laws， regulations and rules.

　　Article 40 Prior to the making of a reconsideration decision， if the applicant withdraws the application for reconsideration， or the defending party of the application has changed the specific administrative act it has undertaken， and the applicant agrees and applies for the withdrawal⁸ of the application for reconsideration， the application for reconsideration may be withdrawn⁹ with the approval of the administrative organ for reconsideration and after the reconsideration case is recorded on file.

　　Where an applicant has withdrawn his application for reconsideration， he may not apply for reconsideration again for the same facts and reasons.

　　Article 41 In handling reconsideration cases， the administrative organ for reconsideration shall base itself on the laws administrative rules and regulations， local regulations， rules as well as the decisions and orders with a general binding¹⁰ force formulated¹¹ and promulgated¹² by administrative organs at higher levels according to law.

　　In handling reconsideration cases of the nationality autonomous¹³ regions， the administrative organ for reconsideration shall also base itself on the regulations on autonomy and separate regulations of the nationality autonomous regions.

　　Article 42 The administrative organ for reconsideration shall， after the hearing， respectively make the following reconsideration decisions：

　　（1） if the application of the laws， regulations and rules as well as the decisions and orders with a general binding force to the specific administrative act is correct， the facts are clearly ascertained¹⁴， and the statutory limits of authority and procedures are complied with， the specific administrative act shall be sustained by decision；

　　（2） if there are some inadequacies in the specific administrative act in terms of procedures， a decision shall be made for the defending party of an application for reconsideration to make them up and improve them；

　　（3） if the defending party of an application for reconsideration fails to perform its duty as prescribed by laws， regulations and rules， a fixed¹⁵ time shall be set for the defending party to perform the duty；

　　（4） if a specific administrative act has been undertaken in one of the following circumstances， the act shall be annulled¹⁶ or changed， or the defending party may be required by decision to undertake a specific administrative act anew：

　　（a） ambiguity¹⁷ of the main facts；

　　（b） erroneous application of the laws， regulations and rules and of decisions and orders with a general binding force；

　　（c） violation¹⁸ of legal procedures， that affects unfavorably the lawful¹⁹ rights and interests of the applicant；

　　（d） excess of authority or abuse of powers；

　　（e） obvious inappropriateness of the specific administrative act.

　　Article 43 Where in the course of reviewing a specific administrative act， an administrative organ for reconsideration finds that the rules， or decisions and orders with a general binding force， which serve as the basis for a specific administrative act， are in conflict with the laws， regulations and rules or， other rules， decisions and orders with a general binding force， the competent administrative organ for reconsideration shall， within its scope of functions and powers， decide on their nullification or change according to law.

　　Where the administrative organ for reconsideration deems that the rules or decisions and orders with a general binding force， which serve as the basis for a specific administrative act， are in conflict with the laws， regulations and rules， or other rules， decisions and orders with a general binding force， but the administrative organ for reconsideration has no power to handle the case， then this case shall be reported to the administrative organ at a higher level. The administrative organ at a higher level which has the power to handle the case， shall handle it according to law； if the administrative organ at a higher level does not have the power to handle the case， the case shall be submitted to an organ which has the power to handle it. In the course of the handling of the case， the administrative organ for reconsideration shall cease its hearing of the said case.

　　Article 44 Where a specific administrative act， undertaken by the defending party of an application for reconsideration， infringes²⁰ upon the lawful rights and interests of the applicant and causes damage， and the applicant claims a compensation， the administrative organ for reconsideration may instruct the defending party of an application for reconsideration to make the compensation in accordance with the provisions of the pertinent laws and regulations.

　　After making the compensation， the defending party shall instruct those working personnel of the administrative organ， who have committed intentional²¹ or gross mistakes in the case， to bear part or all of the damages.

　　Article 45 While making its reconsideration decision， the administrative organ for reconsideration shall prepare a written reconsideration decision. The written reconsideration decision shall indicate the following items：

　　（1） The name， sex， age， occupation， and address of the applicant （the name and address of the legal person or of any other organization， and the name of its legal representative）；

　　（2） The name and address of the defending party of an application， the name and posit²² in 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 for reconsideration；

　　and the laws， regulations and rules as well as the decisions and orders with a general binding force applied²³；

　　（5） The conclusion of the reconsideration；

　　（6） The time limit for bringing a suit before the people's court if the applicant does not accept the reconsideration decision； or the time limit for the parties to execute the final decision on the reconsideration case；

　　（7） The date （year， month， day） on which the reconsideration decision is made.

　　The written decision on the reconsideration case shall be signed by the legal representative of the administrative organ for reconsideration， with the official seal of the administrative organ for reconsideration affixed²⁴ to it.

　　Article 46 The administrative organ for reconsideration shall， within two months after the day of receiving the reconsideration application， make its reconsideration decision， except as otherwise provided for in the laws and regulations.

　　Once the written reconsideration decision is served on the parties concerned， it shall become legally effective.

　　Article 47 With the exception that the reconsideration is final as provided for by law， an applicant who does not accept a reconsideration decision may， within 15 days from the day of receiving the written decision， or within other time limits as prescribed by the laws and regulations， bring a suit before the people's court.

　　Where an applicant neither initiates²⁵ a suit before the people's court， nor implement²⁶ the reconsideration decision within the time limit， the case shall be dealt with according to different conditions：

　　（1） With respect to a reconsideration decision sustaining the original specific administrative act， the administrative organ， which has originally undertaken the specific administrative act， shall apply to the people's court for compulsory²⁷ execution， or proceed with compulsory execution according to law；

　　（2） With respect to a reconsideration decision changing the original specific administrative act， the administrative organ for reconsideration shall apply to the people's court for compulsory execution， or proceed with compulsory execution according to law.

　　Chapter VIII Time Periods and Service

　　Article 48 Time periods shall be counted by the hour， the day， and the month. The hour and the day from which a time period begins shall not be counted as within the time period.

　　If the expiration²⁸ date of a time period falls on a holiday， then the day immediately following the holiday shall be regarded as the expiration date.

　　A time period shall not include travelling time.

　　Article 49 The service of a written reconsideration decision must be certified²⁹ by a certificate of service， on which the date of receipt shall be indicated by the recipient³⁰ of the service and his signature or seal shall be affixed.

　　The date of receipt indicated on the certificate of service by the recipient of the service， shall be the date of service.

　　With respect to service by mail， the date indicated in the receipt of registered mail shall be the date of service.

　　Article 50 When a written reconsideration decision is served by the administrative organ for reconsideration， it shall be delivered directly to the recipient of service； if the recipient of service is absent， it shall be delivered to an adult family member living together with him/her， or to the unit to which he/she belongs， for a signed receipt； if the person has designated an agent to receive it for him， then the written decision shall be delivered to the agent for a signed receipt； if the person is a legal person or other organization， the written decision shall be delivered to its reception office for a signed receipt.

　　In case that the recipient of service refuses to receive the written reconsideration decision， the person serving the decision shall invite persons concerned to be present on the scene， explain the situation to them， record in the certificate of service the reasons for and the date of the refusal， and the certificate of services shall be signed or sealed by the person serving the decision， and the witnesses， then the written decision shall be left at the residence or at the reception office， the service shall be deemed as completed.

　　Article 51 The administrative organ for reconsideration may entrust³¹ other administrative organs with the service of are consideration decision or making the service by mail.

　　Chapter IX Legal Responsibility

　　Article 52 In case that the defending party of an application for reconsideration refuses to implement are consideration decision， the administrative organ for reconsideration may directly impose administrative sanctions on the legal representative of the defending party， or suggest that the department concerned should do so.

　　Article 53 In case that the personnel handling reconsideration cases have neglected their duties or bent³² the law for the benefit of themselves， the administrative organ for reconsideration， or other competent departments concerned， shall criticize and admonish³³ them， or impose administrative sanctions on them； if the case is serious enough to constitute a crime， criminal responsibilities shall be investigated according to law.

　　Article 54 In case that participants in a reconsideration case， or other persons concerned， refuse or hamper³⁴， without resorting to violence or threats， the personnel handling reconsideration cases from executing their duties according to law， which the organs of public security shall， in accordance with the provisions of Article 19 in the Regulations of the People's Republic of China on the Administration Penalties for Public Security， impose on the aforesaid persons detention³⁵ for not more than 15 days， or a fine of 200 yuan （RMB） or less， or a warning. With respect to those who have resorted to violence or threat to hamper the personnel handling reconsideration cases from executing their duties， their criminal responsibilities shall be investigated according to law.

　　Chapter X Supplementary³⁶ Provisions

　　Article 55 These Regulations shall apply to the resorting to administrative reconsideration by foreigners， stateless persons， or foreign organization engaged in administrative reconsideration in the People's Republic of China， except as otherwise provided for by the laws and regulations.

　　Article 56 The Bureau of Legislative³⁷ Affairs of the State Council shall be responsible for the interpretation³⁸ of these Regulations.

　　Article 57 These Regulations shall become effective as of January 1， 1991.

点击

收听单词发音

1 applicant
n.申请人，求职者，请求者
参考例句：
He was the hundredth applicant for the job. 他是第100个申请这项工作的人。 In my estimation, the applicant is well qualified for this job. 据我看, 这位应征者完全具备这项工作的条件。

2 administrative
adj.行政的，管理的
参考例句：
The administrative burden must be lifted from local government.必须解除地方政府的行政负担。 He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

3 conformity
n.一致，遵从，顺从
参考例句：
Was his action in conformity with the law?他的行动是否合法？ The plan was made in conformity with his views.计划仍按他的意见制定。

4 justification
n.正当的理由；辩解的理由
参考例句：
There's no justification for dividing the company into smaller units. 没有理由把公司划分成小单位。 In the young there is a justification for this feeling. 在年轻人中有这种感觉是有理由的。

5 pertinent
adj.恰当的；贴切的；中肯的；有关的；相干的
参考例句：
The expert made some pertinent comments on the scheme.那专家对规划提出了一些中肯的意见。 These should guide him to pertinent questions for further study.这些将有助于他进一步研究有关问题。

6 rejection
n.拒绝，被拒，抛弃，被弃
参考例句：
He decided not to approach her for fear of rejection.他因怕遭拒绝决定不再去找她。 The rejection plunged her into the dark depths of despair.遭到拒绝使她陷入了绝望的深渊。

7 undertaking
n.保证，许诺，事业
参考例句：
He gave her an undertaking that he would pay the money back with in a year.他向她做了一年内还钱的保证。 He is too timid to venture upon an undertaking.他太胆小，不敢从事任何事业。

8 withdrawal
n.取回，提款；撤退，撤军；收回，撤销
参考例句：
The police were forced to make a tactical withdrawal.警方被迫进行战术撤退。 They insisted upon a withdrawal of the statement and a public apology.他们坚持要收回那些话并公开道歉。

9 withdrawn
vt.收回；使退出；vi.撤退，退出
参考例句：
Our force has been withdrawn from the danger area.我们的军队已从危险地区撤出。 All foreign troops should be withdrawn to their own countries.一切外国军队都应撤回本国去。

10 binding
有约束力的，有效的，应遵守的
参考例句：
The contract was not signed and has no binding force. 合同没有签署因而没有约束力。 Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

11 formulated
v.构想出( formulate的过去式和过去分词 )；规划；确切地阐述；用公式表示
参考例句：
He claims that the writer never consciously formulated his own theoretical position. 他声称该作家从未有意识地阐明他自己的理论见解。来自《简明英汉词典》 This idea can be formulated in two different ways. 这个意思可以有两种说法。来自《现代汉英综合大词典》

12 promulgated
v.宣扬（某事物）( promulgate的过去式和过去分词 )；传播；公布；颁布（法令、新法律等）
参考例句：
Hence China has promulgated more than 30 relevant laws, statutes and regulations. 中国为此颁布的法律、法规和规章多达３０余项。来自汉英非文学 - 白皮书 The shipping industry promulgated a voluntary code. 航运业对自律守则进行了宣传。来自辞典例句

13 autonomous
adj.自治的；独立的
参考例句：
They proudly declared themselves part of a new autonomous province.他们自豪地宣布成为新自治省的一部分。 This is a matter that comes within the jurisdiction of the autonomous region.这件事是属于自治区权限以内的事务。

14 ascertained
v.弄清，确定，查明( ascertain的过去式和过去分词 )
参考例句：
The previously unidentified objects have now been definitely ascertained as being satellites. 原来所说的不明飞行物现在已证实是卫星。来自《简明英汉词典》 I ascertained that she was dead. 我断定她已经死了。来自《简明英汉词典》

15 fixed
adj.固定的，不变的，准备好的；(计算机)固定的
参考例句：
Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？ Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

16 annulled
v.宣告无效( annul的过去式和过去分词 )；取消；使消失；抹去
参考例句：
Their marriage was annulled after just six months. 他们的婚姻仅过半年就宣告取消。 Many laws made by the former regime have been annulled. 前政权制定的许多法律被宣布无效。来自《简明英汉词典》

17 ambiguity
n.模棱两可；意义不明确
参考例句：
The telegram was misunderstood because of its ambiguity.由于电文意义不明确而造成了误解。 Her answer was above all ambiguity.她的回答毫不含糊。

18 violation
n.违反(行为)，违背(行为)，侵犯
参考例句：
He roared that was a violation of the rules.他大声说，那是违反规则的。 He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

19 lawful
adj.法律许可的，守法的，合法的
参考例句：
It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。 We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

20 infringes
v.违反（规章等）( infringe的第三人称单数 )；侵犯（某人的权利）；侵害（某人的自由、权益等）
参考例句：
Congressmen may be reluctant to vote for legislation that infringes the traditional prerogatives of the states. 美国国会议员可能不情愿投票拥护侵犯各州传统特权的立法。来自英汉非文学 - 环境法 - 环境法 I can't say whether CP21 infringes it or not. 我就不能说CP21是否侵犯了SPOT的专利。来自企业管理英语口语（第二版）(2)

21 intentional
adj.故意的，有意（识）的
参考例句：
Let me assure you that it was not intentional.我向你保证那不是故意的。 His insult was intentional.他的侮辱是有意的。

22 posit
v.假定，认为
参考例句：
If she needs salvation,she will posit a savior.如果她需要救助，她就会设想一个救助者。 Other historians posit that she died of old age around 550 BC.别的史学家则认为她一直活到公元前550年左右才寿终正寝。

23 applied
adj.应用的；v.应用，适用
参考例句：
She plans to take a course in applied linguistics.她打算学习应用语言学课程。 This cream is best applied to the face at night.这种乳霜最好晚上擦脸用。

24 affixed
adj.[医]附着的，附着的v.附加( affix的过去式和过去分词 )；粘贴；加以；盖（印章）
参考例句：
The label should be firmly affixed to the package. 这张标签应该牢牢地贴在包裹上。 He affixed the sign to the wall. 他将标记贴到墙上。来自《简明英汉词典》

25 initiates
v.开始( initiate的第三人称单数 )；传授；发起；接纳新成员
参考例句：
The booklet initiates us into the problems of living abroad. 这本小册子使我们对国外的生活情况有了初步了解。来自《简明英汉词典》 Everybody initiates and receives messages in some form or other. 每个人都以各种不同的方式发出并接收信息。来自辞典例句

26 implement
n.(pl.)工具，器具；vt.实行，实施，执行
参考例句：
Don't undertake a project unless you can implement it.不要承担一项计划，除非你能完成这项计划。 The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。

27 compulsory
n.强制的，必修的；规定的，义务的
参考例句：
Is English a compulsory subject?英语是必修课吗？ Compulsory schooling ends at sixteen.义务教育至16岁为止。

28 expiration
n.终结，期满，呼气，呼出物
参考例句：
Can I have your credit card number followed by the expiration date?能告诉我你的信用卡号码和它的到期日吗? This contract shall be terminated on the expiration date.劳动合同期满，即行终止。

29 certified
a.经证明合格的；具有证明文件的
参考例句：
Doctors certified him as insane. 医生证明他精神失常。 The planes were certified airworthy. 飞机被证明适于航行。

30 recipient
a.接受的,感受性强的 n.接受者,感受者,容器
参考例句：
Please check that you have a valid email certificate for each recipient. 请检查是否对每个接收者都有有效的电子邮件证书。 Colombia is the biggest U . S aid recipient in Latin America. 哥伦比亚是美国在拉丁美洲最大的援助对象。

31 entrust
v.信赖，信托，交托
参考例句：
I couldn't entrust my children to strangers.我不能把孩子交给陌生人照看。 They can be entrusted to solve major national problems.可以委托他们解决重大国家问题。

32 bent
n.爱好，癖好；adj.弯的；决心的，一心的
参考例句：
He was fully bent upon the project.他一心扑在这项计划上。 We bent over backward to help them.我们尽了最大努力帮助他们。

33 admonish
v.训戒；警告；劝告
参考例句：
I will tactfully admonish him not to behave like this again.我会婉转的规诫他不要再这样做。 Admonish your friends privately,but praise them openly.要私下告戒朋友，但是要公开夸奖朋友。

34 hamper
vt.妨碍，束缚，限制；n.(有盖的)大篮子
参考例句：
There are some apples in a picnic hamper.在野餐用的大篮子里有许多苹果。 The emergence of such problems seriously hamper the development of enterprises.这些问题的出现严重阻碍了企业的发展。

35 detention
n.滞留，停留；拘留，扣留；(教育)留下
参考例句：
He was kept in detention by the police.他被警察扣留了。 He was in detention in connection with the bribery affair.他因与贿赂事件有牵连而被拘留了。

36 supplementary
adj.补充的，附加的
参考例句：
There is a supplementary water supply in case the rain supply fails.万一主水源断了，我们另外有供水的地方。 A supplementary volume has been published containing the index.附有索引的增补卷已经出版。

37 legislative
n.立法机构，立法权；adj.立法的，有立法权的
参考例句：
Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。 Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

38 interpretation
n.解释，说明，描述；艺术处理
参考例句：
His statement admits of one interpretation only.他的话只有一种解释。 Analysis and interpretation is a very personal thing.分析与说明是个很主观的事情。

上一篇：中华人民共和国自然保护区条例（一）下一篇：行政复议条例（一）