行政复议条例（一）_法律英语

行政复议条例（一）

文章来源：文章作者：发布时间：2007-05-09 03:11 字体： [大中小]　进入论坛

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行政复议条例
DECISION OF THE STATE COUNCIL REVISING THE “REGULATIONS ON ADMINISTRATIVE¹ RECONSIDERATION”

国务院令第166号
（Adopted at the 24th Executive Meeting of the State Council on September 9， 1994， promulgated² by Decree No. 166 of the State Council of the People's Republic of China on October 9， 1994 and effective as of the date of promulgation³）
颁布日期：19941009 　实施日期：19910101 　颁布单位：国务院

　　The State Council has decided⁴ to make the following revisions of the “Regulations on Administrative Reconsideration”：

　　1. Item （3） of Article 10 is revised to “arbitration⁵ or conciliation⁶ or disposition⁷ of civil disputes， except decisions made by administrative organs concerning the disposition of entitlement to the ownership or the right to use of the resources such as land， mineral and forests；”

　　2. Article 11 is revised to “In case that a specific administrative act has been undertaken by the working department of a local people's government at or above the county level， and an application is filed for reconsideration， the case shall be under the jurisdiction⁸ of the people's government at the same level or the competent department at a higher level. Incase any law or regulations provide that the case shall be under the jurisdiction of the people's government at the same level， the provisions of that law or regulations shall be applied⁹； in case any law provides that the case shall be under the jurisdiction of the competent department at a higher level， the provisions of that law shall be applied.

　　In case that an application for reconsideration is filed against a specific administrative act undertaken by any of the departments under the State Council， the case shall be under the jurisdiction of the department which has undertaken the said specific administrative act.“

　　This Decision shall go into effect as of the date of promulgation.

　　“Regulations on Administrative Reconsideration” shall be revised accordingly in accordance with this Decision， and re-promulgated.

　　REGULATIONS ON ADMINISTRATIVE RECONSIDERATION

　　（Promulgated by the State Council on December 24， 1990， amended¹⁰ and promulgated according to the Decision of the State Council Revising the Regulations on Administrative Reconsideration on October 9， 1994）

　　Chapter I General Provisions

　　Article 1 These Regulations are enacted¹¹ pursuant to the Constitution and the pertinent¹² laws， with a view to safeguarding and supervising administrative organs in exercising their functions and powers， preventing and correcting any malfeasant or improper¹³ specific administrative acts， and protecting the lawful¹⁴ rights and interests of citizens， legal persons and other organizations.

　　Article 2 Where citizens， legal persons， or other organizations hold that a specific administrative act of an administrative organ has infringed¹⁵ upon their lawful rights and interests， they may， in accordance with these Regulations， file an application to the competent administrative organ for reconsideration.

　　Article 3 The administrative organ for reconsideration shall exercise its functions and powers according to law and shall not be subject to any illegal interference from other organs， public organizations and individuals.

　　Article 4 The “administrative organs for reconsideration”， as mentioned in these Regulations， refers to those administrative organs which accept applications for reconsideration， and shall， according to law， conduct reviews over the specific administrative acts， and make a decision.

　　The “reconsideration office”， as mentioned in these Regulations， refers to the offices which are set up within the administrative organs for reconsideration and are responsible for the affairs relating to the reconsideration.

　　Article 5 Except as otherwise stipulated¹⁶ by the laws and administrative rules and regulations， the administrative reconsideration shall apply a single-level system of reconsideration.

　　Article 6 The administrative reconsideration shall follow the principle of being “lawful， timely， accurate， and convenient for the people”。

　　Article 7 The administrative organ for reconsideration shall， according to law， conduct review over the legality and appropriateness of a specific administrative act.

　　Article 8 The administrative organ for reconsideration shall not apply conciliation in handling reconsideration cases.

　　Chapter II The Scope of Application for Reconsideration

　　Article 9 Citizens， legal persons， and other organizations may file an application to the administrative organs for reconsideration if they refuse to accept any of the following specific administrative acts：

　　（1） an administrative sanction， such as detention¹⁷， fine， rescission of a permit or a licence， order to suspend production or business operations or confiscation¹⁸ of property and article， which one refuses to accept；

　　（2） a compulsory¹⁹ administrative measure， such as restriction²⁰ of personal freedom or the sealing up， distraint， or freezing of property， which one refuses to accept；

　　（3） infringement²¹ upon one's managerial decision-making power as stipulated by the laws and regulations， which is held to have been perpetrated by an administrative organ；

　　（4） refusal by an administrative organ to issue a permit or licence， which one holds oneself legally qualified²² to apply for， or its failure to respond to the application；

　　（5） refusal by an administrative organ to perform its statutory functions and duties of protecting one's personal rights and property rights， as one has applied for， or its failure to respond to the application；

　　（6） cases where an administrative organ is held to have failed to pay the pensions for the disabled or for the family of the deceased according to law；

　　（7） cases where an administrative organ is held to have illegally demanded the performance of duties；

　　（8） cases where an administrative organ is held to have infringed upon other personal rights and property rights；

　　（9） other specific administrative acts against which， according to the laws and regulations， an administrative lawsuit²³ or an application for reconsideration may be instituted.

　　Article 10 Citizens， legal persons， or other organizations shall not file an application for reconsideration in accordance with these Regulations if they are not satisfied with any one of the following matters：

　　（1） administrative regulations， rules， or decisions and orders with a general binding²⁴ force；

　　（2） decisions on awards or punishments or on the appointment of or removal from a position with respect to personnel working in administrative organs；

　　（3） arbitration or conciliation or disposition of civil disputes， except decisions made by administrative organs concerning the disposition of entitlement to the ownership or the right to use of the resources such as land， mineral and forests；

　　（4） acts of the State in areas such as national defence and foreign affairs.

　　Chapter III Jurisdiction for Reconsideration

　　Article 11 In case that a specific administrative act has been undertaken by the working department of a local people's government at or above the county level， and an application is filed for reconsideration， the case shall be under the jurisdiction of the people's government at the same level or competent department at a higher level. In case any law or regulations provide that the case shall be under the jurisdiction of the people's government at the same level， the provisions of that law or regulations shall be applied； in case any law proveds that the case shall be under the jurisdiction of the competent department at a higher level， the provisions of that law shall be applied.

　　Article 12 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by any of the local people's governments at various levels， the case shall be under the jurisdiction of the people's government at a higher level.

　　In case that an application for reconsideration is filed by a person who does not accept a specific administrative act under taken by the people's government of a province， an autonomous²⁵ region， or a municipality directly under the Central Government， the case shall be under the jurisdiction of the people's government which has undertaken the aforesaid specific administrative act.

　　Article 13 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken jointly²⁷ by two or more administrative organs， the case shall be under the jurisdiction of an administrative organ at the next higher level over the aforesaid two or more administrative organs.

　　Article 14 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by an agency of a local people's government at or above the county level， the case shall be under the jurisdiction of the local people's government which has established the agency.

　　In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by an agency which is established by a working department of the people's government in its own name according to the provisions of the laws， regulations and rules， the case shall be under the jurisdiction of the department which has established the said agency.

　　Article 15 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by an organization authorized²⁸ by laws， regulations and rules， the case shall be under the jurisdiction of the competent administrative organ immediately over the said organization.

　　In cases that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by an entrusted²⁹ organization， the case shall be under the jurisdiction of an administrative organ at the next higher level over the commissioning administrative organ.

　　Article 16 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act which， according to the provisions of the laws and regulations， is subject to the approval of an administrative organ at a higher level， the case shall be under the jurisdiction of the administrative organ which makes the final decision unless otherwise provided for by the laws and regulations.

　　Article 17 In case that an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by an administrative organ prior to its abolition³⁰， the case shall be under the jurisdiction of the administrative organ at the next higher level over the administrative organ which has succeeded to the functions and powers of the administrative organ abolished.

　　Article 18 Where an administrative organ for reconsideration finds that a case it has accepted is not under its jurisdiction， it shall transfer the case to an administrative organ which has jurisdiction over the case. The administrative organ， to which the aforesaid case has been transferred， shall not transfer the case again on its own initiative.

　　Article 19 Where a dispute arises between administrative organs over jurisdiction for reconsideration， the dispute shall be resolved by the parties to the dispute through consultation³¹. If consultation fails， the administrative organ immediately over the two parties shall designate jurisdiction.

　　Article 20 Where a person applies for reconsideration to two or more administrative organs that have jurisdiction， the case shall be under the jurisdiction of the administrative organ that has first received the application for reconsideration.

　　Article 21 Where citizens， legal persons， and other organizations make a complaint to the correspondence and reception department within the time limit stipulated by law for filing an application for reconsideration， the correspondence and reception department shall timely notify the complainant to file an application for reconsideration to the administrative organ that has jurisdiction for reconsideration.

　　Article 22 Other cases involving jurisdiction for reconsideration shall be handled according to the provisions of the laws， regulations and rules.

　　Chapter IV The Reconsideration Office

　　Article 23 The administrative organ for reconsideration shall， in light of the needs of its work， establish the reconsideration office， or appoint full-time³² personnel that handle reconsideration cases， for the organ itself.

　　Article 24 Reconsideration offices of various local people's governments at or above the county level shall be established within the government's office of legislative³³ affairs， or the government's office of legislative affairs work in the name of the name of the name of the reconsideration office.

　　Article 25 The reconsideration office， or the full-time personnel that handle reconsideration cases， shall work under the leadership of the administrative organ for reconsideration and carry out the following functions and duties：

　　（1） to review whether reconsideration applications are in conformity³⁴ with the statutory requirements；

　　（2） to conduct investigations³⁵ among， and collect evidence from both parties to a dispute and relevant units and relevant units and personnel， and to consult relevant documents and materials；

　　（3） to organize the handling of reconsideration cases；

　　（4） to draft reconsideration decisions；

　　（5） to respond to prosecution³⁶ in court， as entrusted by the legal representative of the administrative organ for reconsideration；

　　（6） to carry out other functions and duties stipulated by the laws and regulations.

　　Chapter V Participants in Reconsideration

　　Article 26 Citizens， legal persons， or other organizations that file an application for reconsideration are applicants³⁸.

　　Where a citizen who has the right to apply for reconsideration is deceased， his/her near relatives may apply for reconsideration； where a citizen who has the right to apply for reconsideration is incompetent³⁹ or with limited capacity for conduct， his/her legal representative may apply for reconsideration on behalf of him/her.

　　Where a legal person， or any other organization， that has the right to apply for reconsideration terminates， the legal person or any other organization that succeeds to its rights may apply for reconsideration.

　　Article 27 Where any other citizen， legal person， or organization has an interest in a specific administrative act， for the reconsideration of which an application has already been filed， he/she or it may， with the approval of the administrative organ for reconsideration， file a request for participation⁴⁰ in the reconsideration as a third party.

　　Article 28 Where a citizen， legal person， or organization applies for reconsideration against a specific administrative act undertaken by an administrative organ， the said administrative organ is the defending party of the application.

　　Where two or more administrative organs have undertaken a specific administrative act in their combined name， the administrative organs which have jointly undertaken the specific administrative act are the joint²⁶ defending parties of an application.

　　Where a specific administrative act is undertaken by an organization authorized by the laws， regulations and rules， the said organization is the defending party of an application. Where a specific administrative act is undertaken by an organization authorized by the laws， regulations and rules， the said organization is the defending party of an application.

　　Where a specific administrative act has been undertaken by an organ which has already been abolished， the administrative organ that continues to exercise the abolished organ's functions and powers is the defending party of an application.

　　Chapter VI Application and Acceptance

　　Article 29 Where a citizen， a legal persons or any other organization files an application for reconsideration with the administrative organ that has jurisdiction over the case， he/she or it shall do so within 15 days from the day when he/she or it becomes aware of the specific administrative act， except as otherwise stipulated by the laws and regulations.

　　Where a citizen， a legal person or any other organization fails to observe the time limit prescribed by law due to force majeure or other special circumstances， he/she or it may， within 10 days after the obstacle is removed， apply for an extension of the time limit； the administrative organ that has jurisdiction shall decide whether to approve the aforesaid application or not.

　　Article 30 Where a citizen， a legal person or any other organization brings a suit before 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 for reconsideration to an administrative organ， and the administrative organ for reconsideration has accepted the application， then the applicant³⁷ mentioned above may not bring a suit before the people's court within the statutory time limit for conducing reconsideration.

　　Article 31 The following requirements shall be met when an application is made for reconsideration：

　　（1） The applicant shall be a citizen， a legal person， or any other organization that holds that a specific administrative act has directly infringed upon his/her or its lawful rights and interests；

　　（2） There must be a specific defending party or parties of an application；

　　（3） There must be a specific claim for reconsideration and a corresponding factual basis；

　　（4） The case must fall within the scope for application for reconsideration；

　　（5） The case must fall under the jurisdiction of the administrative organ that accepts the said case；

　　（6） Other requirements stipulated by the laws and regulations.

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收听单词发音

1 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。

2 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

3 promulgation
n.颁布
参考例句：
The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。来自《简明英汉词典》 Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。来自经济法规部分

4 decided
adj.决定了的，坚决的；明显的，明确的
参考例句：
This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。 There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

5 arbitration
n.调停，仲裁
参考例句：
The wage disagreement is under arbitration.工资纠纷正在仲裁中。 Both sides have agreed that the arbitration will be binding.双方都赞同仲裁具有约束力。

6 conciliation
n.调解，调停
参考例句：
By conciliation,cooperation is established.通过调解，友好合作关系得以确立。 Their attempts at conciliation had failed and both sides were once again in dispute.他们进行调停的努力失败了，双方再次陷入争吵。

7 disposition
n.性情，性格；意向，倾向；排列，部署
参考例句：
He has made a good disposition of his property.他已对财产作了妥善处理。 He has a cheerful disposition.他性情开朗。

8 jurisdiction
n.司法权，审判权，管辖权，控制权
参考例句：
It doesn't lie within my jurisdiction to set you free.我无权将你释放。 Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

9 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。

10 Amended
adj. 修正的动词amend的过去式和过去分词
参考例句：
He asked to see the amended version. 他要求看修订本。 He amended his speech by making some additions and deletions. 他对讲稿作了些增删修改。

11 enacted
制定（法律），通过（法案）( enact的过去式和过去分词 )
参考例句：
legislation enacted by parliament 由议会通过的法律 Outside in the little lobby another scene was begin enacted. 外面的小休息室里又是另一番景象。来自英汉文学 - 嘉莉妹妹

12 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。

13 improper
adj.不适当的，不合适的，不正确的，不合礼仪的
参考例句：
Short trousers are improper at a dance.舞会上穿短裤不成体统。 Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。

14 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。

15 infringed
v.违反（规章等）( infringe的过去式和过去分词 )；侵犯（某人的权利）；侵害（某人的自由、权益等）
参考例句：
Wherever the troops went, they never infringed on the people's interests. 大军过处，秋毫无犯。来自《现代汉英综合大词典》 He was arrested on a charge of having infringed the Election Law. 他因被指控触犯选举法而被拘捕。来自《现代汉英综合大词典》

16 stipulated
vt.& vi.规定；约定adj.[法]合同规定的
参考例句：
A delivery date is stipulated in the contract. 合同中规定了交货日期。 Yes, I think that's what we stipulated. 对呀，我想那是我们所订定的。来自辞典例句

17 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。

18 confiscation
n. 没收, 充公, 征收
参考例句：
Confiscation of the property of all emigrants and rebels. 没收一切流亡分子和叛乱分子的财产。来自英汉非文学 - 共产党宣言 Confiscation of smuggled property is part of the penalty for certain offences. 没收走私财产是对某些犯罪予以惩罚的一部分。

19 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。

20 restriction
n.限制，约束
参考例句：
The park is open to the public without restriction.这个公园对公众开放，没有任何限制。 The 30 mph speed restriction applies in all built-up areas.每小时限速30英里适用于所有建筑物聚集区。

21 infringement
n.违反；侵权
参考例句：
Infringement of this regulation would automatically rule you out of the championship.违背这一规则会被自动取消参加锦标赛的资格。 The committee ruled that the US ban constituted an infringement of free trade.委员会裁定美国的禁令对自由贸易构成了侵犯

22 qualified
adj.合格的，有资格的，胜任的，有限制的
参考例句：
He is qualified as a complete man of letters.他有资格当真正的文学家。 We must note that we still lack qualified specialists.我们必须看到我们还缺乏有资质的专家。

23 lawsuit
n.诉讼，控诉
参考例句：
They threatened him with a lawsuit.他们以诉讼威逼他。 He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

24 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。

25 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。

26 joint
adj.联合的，共同的；n.关节，接合处；v.连接，贴合
参考例句：
I had a bad fall,which put my shoulder out of joint.我重重地摔了一跤，肩膀脫臼了。 We wrote a letter in joint names.我们联名写了封信。

27 jointly
ad.联合地，共同地
参考例句：
Tenants are jointly and severally liable for payment of the rent. 租金由承租人共同且分别承担。 She owns the house jointly with her husband. 她和丈夫共同拥有这所房子。

28 authorized
a.委任的，许可的
参考例句：
An administrative order is valid if authorized by a statute.如果一个行政命令得到一个法规的认可那么这个命令就是有效的。

29 entrusted
v.委托，托付( entrust的过去式和过去分词 )
参考例句：
He entrusted the task to his nephew. 他把这任务托付给了他的侄儿。 She was entrusted with the direction of the project. 她受委托负责这项计划。来自《简明英汉词典》

30 abolition
n.废除，取消
参考例句：
They declared for the abolition of slavery.他们声明赞成废除奴隶制度。 The abolition of the monarchy was part of their price.废除君主制是他们的其中一部分条件。

31 consultation
n.咨询；商量；商议；会议
参考例句：
The company has promised wide consultation on its expansion plans.该公司允诺就其扩展计划广泛征求意见。 The scheme was developed in close consultation with the local community.该计划是在同当地社区密切磋商中逐渐形成的。

32 full-time
adj.满工作日的或工作周的，全时间的
参考例句：
A full-time job may be too much for her.全天工作她恐怕吃不消。 I don't know how she copes with looking after her family and doing a full-time job.既要照顾家庭又要全天工作，我不知道她是如何对付的。

33 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。

34 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。

35 investigations
（正式的）调查( investigation的名词复数 )；侦查；科学研究；学术研究
参考例句：
His investigations were intensive and thorough but revealed nothing. 他进行了深入彻底的调查，但没有发现什么。 He often sent them out to make investigations. 他常常派他们出去作调查。

36 prosecution
n.起诉，告发，检举，执行，经营
参考例句：
The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。 He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

37 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。

38 applicants
申请人，求职人( applicant的名词复数 )
参考例句：
There were over 500 applicants for the job. 有500多人申请这份工作。 He was impressed by the high calibre of applicants for the job. 求职人员出色的能力给他留下了深刻印象。

39 incompetent
adj.无能力的，不能胜任的
参考例句：
He is utterly incompetent at his job.他完全不能胜任他的工作。 He is incompetent at working with his hands.他动手能力不行。

40 participation
n.参与，参加，分享
参考例句：
Some of the magic tricks called for audience participation.有些魔术要求有观众的参与。 The scheme aims to encourage increased participation in sporting activities.这个方案旨在鼓励大众更多地参与体育活动。

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