or reconsideration.
Article 34The administrative organ for reconsideration shall, within 10 days fromthe date of receiving the written application for reconsideration, handlethe reconsideration applications respectively as follows:(1) reconsideration applications that are in conformity with theprovisions of these Regulations shall be accepted;(2) applications for reconsideration that are not in conformity with oneof the provisions in Article 31 of these Regulations shall not beaccepted, and the applicant shall be notified of the reasons for thisdecision;(3) where a written reconsideration application fails to include one itemof the contents as prescribed in the provisions of Article 33 of theseRegulations, the written application shall be returned to the applicant,and a time limit for making up the said contents shall be set. If theapplicant fails to fulfil the making-up, the above mentioned applicationshall be considered to have not been made.Article 35Where a citizen, a legal person, or any other organization has filed anapplication for reconsideration according to law, but the administrativeorgan for reconsideration refuses, without any justification, to acceptthe application or fails to respond to the application, the administrativeorgan at the next higher level, or the administrative organ prescribed bythe laws and regulations, shall instruct the said administrative organ forreconsideration to accept the said application or to respond to theapplication.Article 36Except as otherwise provided by the laws and regulations, in circumstanceswhere, in accordance with the provisions of pertinent laws andregulations, a person concerned shall first apply to an administrativeorgan for reconsideration and then bring a suit before a people's court ifthe person concerned does not accept the reconsideration decision, if theapplicant does not accept the decision made by the administrative organfor reconsideration to reject the application, the applicant may, within15 days from the date of receiving the written decision on the rejectionof the application, bring a suit before the people's court.
【章名】Chapter VII Hearing and Decision
Article 37Administrative reconsideration shall be conducted by applying the systemof reconsideration by written documents; however, when administrativeorgan for reconsideration deems it necessary, other forms for hearing ofreconsideration cases may be adopted.Article 38The administrative organ for reconsideration shall, within 7 days from theday of filing the case, deliver a copy of the written application forreconsideration to the defending party of the said application. Thedefending party of the application shall, within 10 days from the day ofreceiving the copy of the written application for reconsideration, providethe administrative organ for reconsideration with the relevant materialsor evidence for undertaking the specific administrative act and submit awritten defence. Failure by the defending party to submit a writtendefence within the time limit shall not stop the procedures ofreconsideration.Article 39In the course of hearing a reconsideration case, execution of the specificadministrative act shall not be suspended. However, under one of thefollowing circumstances, the execution of the specific administrative actmay be suspended:(1) where suspension is deemed necessary by the defending party;(2) where suspension is deemed necessary by the administrative organ forreconsideration;(3) where suspension of execution is requested by the applicant and theadministrative organ for reconsideration deems it reasonable and makes thedecision on the suspension of the execution;(4) where suspension is required by the provisions of the laws,regulations and rules.Article 40Prior to the making of a reconsideration decision, if the applicantwithdraws the application for reconsideration, or the defending party ofthe application has changed the specific administrative act it hasundertaken, and the applicant agrees and applies for the withdrawal of theapplication for reconsideration, the application for reconsideration maybe withdrawn with the approval of the administrative organ forreconsideration and after the reconsideration case is recorded on file.Where an applicant has withdrawn his application for reconsideration, hemay not apply for reconsideration again for the same facts and reasons.Article 41In handling reconsideration cases, the administrative organ forreconsideration shall base itself on the laws, administrative rules andregulations, local regulations and rules as well as the decisions andorders with a general binding force formulated and promulgated byadministrative organs at higher levels according to law. In handlingreconsideration cases of the nationality autonomous regions, theadministrative organ for reconsideration shall also base itself on theregulations on autonomy and separate regulations of the nationalityautonomous regions.
Article 42The 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 thedecisions and orders with a general binding force to the specificadministrative act is correct, the facts are clearly ascertained, and thestatutory limits of authority and procedures are complied with, thespecific administrative act shall be sustained by decision;(2) if there are some inadequacies in the specific administrative act interms of procedures, a decision shall be made for the defending party ofan application for reconsideration to make them up and improve them;(3) if the defending party of an application for reconsideration fails toperform its duty as prescribed by laws, regulations and rules, a fixedtime shall be set for the defending party to perform the duty;(4) if a specific administrative act has been undertaken in one of thefollowing circumstances, the act shall be annulled or changed, or thedefending party may be required by decision to undertake a specificadministrative act anew:(a) ambiguity of the main facts;(b) erroneous application of the laws, regulations and rules and ofdecisions and orders with a general binding force;(c) violation of legal procedures, that affects unfavorably the lawfulrights and interests of the applicant;(d) excess of authority or abuse of powers;(e) obvious inappropriateness of the specific administrative act.Article 43Where, in the course of reviewing a specific administrative act, anadministrative organ for reconsideration finds that the rules, ordecisions and orders with a general binding force, which serve as thebasis for a specific administrative act, are in conflict with the laws,regulations and rules or, other rules, decisions and orders with a generalbinding force, the competent administrative organ for reconsiderationshall, within its scope of functions and powers, decide on theirnullification or change according to law. Where the administrative organfor reconsideration deems that the rules or decisions and orders with ageneral binding force, which serve as the basis for a specificadministrative act, are in conflict with the laws, regulations and rules,or other rules, decisions and orders with a general binding force, but theadministrative organ for reconsideration has no power to handle the case,then this case shall be reported to the administrative organ at a higherlevel. The administrative organ at a higher level which has the power tohandle the case, shall handle it according to law; if the administrativeorgan at a higher level does not have the power to handle the case, thecase shall be submitted to an organ which has the power to handle it. Inthe course of the handling of the case, the administrative organ forreconsideration shall cease its hearing of the said case.
Article 44Where a specific administrative act, undertaken by the defending party ofan application for reconsideration, infringes