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| Order of the People's Bank of China | | 中国人民银行令 |
(Order No. 4 [2001] of the People's Bank of China) | |
（中国人民银行令〔２００１〕第４号） |
According to the relevant laws and regulations such as the Law of the People's Republic of China on Administrative Review and the Law of the People's Republic of China on the People's Bank of China, the People's Bank of China has formulated the Measures of the People's Bank of China for Administrative Review, which were adopted at the 37th executive meeting of the People's Bank of China on December 13, 2000, and are hereby promulgated for implementation. | |
根据《中华人民共和国行政复议法》、《中华人民共和国中国人民银行法》等有关法律规定，中国人民银行制定了《中国人民银行行政复议办法》，经２０００年１２月１３日中国人民银行第３７次行务会议通过，现予以发布施行。 |
President Dai Xianglong | |
行长：戴相龙 |
February 1, 2001 | |
二００一年二月一日 |
Measures of the People's Bank of China for Administrative Review | |
中国人民银行行政复议办法 |
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| Chapter I General Provisions | | 第一章 总则 |
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| Article 1 The present Measures are formulated according to the Law of the People's Republic of China on Administrative Review and the Law of the People's Republic of China on the People's Bank of China for the purpose of guaranteeing the legal performance of functions and duties by the People's Bank of China (PBOC) and protecting the legitimate rights and interests of financial institutions, other entities as well as individuals. | | 第一条 为保障中国人民银行依法行使职责，保护金融机构、其他单位和个人的合法权益，根据《中华人民共和国行政复议法》和《中华人民共和国中国人民银行法》，制定本办法。 |
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| Article 2 Where a financial institution, any other entity or individual believes that a specific administrative act as conducted by the PBOC or a financial institution as authorized by the PBOC according to law has injured its/his legitimate rights and interests and thus files an application with the competent PBOC for administrative review, the PBOC accepts the application for administrative review and makes an administrative review decision. The whole process as described herein shall be governed by the present Measures. | | 第二条 金融机构、其他单位和个人认为中国人民银行及其依法授权的金融机构的具体行政行为侵犯其合法权益，向有管辖权的中国人民银行提出行政复议申请，中国人民银行受理行政复议申请、作出行政复议决定，适用本办法。 |
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| Article 3 The term “an administrative review organ” as mentioned in the present Measures includes the parent bank of the PBOC, the business department of the parent bank of the PBOC, any branch of the PBOC, the business department of any branch, any central sub-branch, and any sub-branch. | | 第三条 本办法所称行政复议机关，包括中国人民银行总行、营业管理部、分行、分行营业管理部、中心支行、支行。 |
The term “a financial institution that applies for an administrative review” as mentioned in the present Measures refers to a commercial bank, policy bank, credit cooperative, financial company, trust investment company, financial leasing company, postal savings institution, financial asset management company or any other institution as approved by the PBOC to engage in financial operations. | |
本办法所称申请行政复议的金融机构，是指经中国人民银行批准，在中华人民共和国境内设立，经营金融业务的商业银行、政策性银行，信用合作社、财务公司、信托投资公司、金融租赁公司、邮政储蓄机构、金融资产管理公司以及中国人民银行批准的其他从事金融业务的机构。 |
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| Article 4 The legal affairs department of an administrative review organ shall be specifically responsible for the administrative reviews and perform the following functions and duties: | | 第四条 行政复议机关的法律事务工作部门具体办理行政复议事项，履行下列职责： |
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| (1) Accepting an application for administrative review; | | （一）受理行政复议申请； |
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| (2) Investigating into the relevant organizations and personnel for evidence collection, and consulting the relevant documents and information; | | （二）向有关组织和人员调查取证，查阅文件和资料； |
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| (3) Examining whether a specific administrative act as described in an application for administrative review is legal and appropriate, and drafting an administrative review decision; | | （三）审查申请行政复议的具体行政行为是否合法与适当，拟定行政复议决定； |
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| (4) Handling or transferring the applications for examination as prescribed in Article 8 of the present Measures; | | （四）处理或者转送对本办法第八条规定的审查申请； |
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| (5) Setting forth opinions on handling any violation of the present Measures as committed by a subordinate branch or sub-branch of the PBOC according to its prescribed power limit as well as relevant procedures; | | （五）对中国人民银行下级分支机构违反本办法规定的行为依照规定的权限和程序提出处理意见； |
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| (6) Handling any matter of responding to an administrative litigation as brought up due to any dissatisfaction with an administrative review decision; and | | （六）办理因不服行政复议决定提起行政诉讼的应诉事项； |
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| (7) Performing any other function and duty as prescribed by any law or administrative regulation. | | （七）法律、行政法规规定的其他职责。 |
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| Article 5 An administrative review organ shall, when performing its functions and duties of administrative review, guarantee the sound implementation of laws, administrative regulations and rules on finance based on the principles of fairness, openness and timeliness. | | 第五条 行政复议机关履行行政复议职责，应当遵循公正、公开、及时的原则，保障金融法律、行政法规和规章的正确实施。 |
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| Article 6 Where a financial institution, any other entity or individual is dissatisfied with an administrative review decision as made by a subordinate bank of the PBOC at any level, it/he may file an administrative litigation with the people's court according to the relevant provisions of the administrative procedure law on administrative litigation. In the case of any dissatisfaction with an administrative review decision as made by the parent bank of the PBOC, the relevant applicant may, within 15 days as of receiving the Decision of the PBOC on Administrative Review, file an application with the State Council for arbitration. An arbitration as made by the State Council shall be final. | | 第六条 金融机构、其他单位和个人对中国人民银行各级行作出的行政复议决定不服的，可以依照行政诉讼法的规定向人民法院提起行政诉讼；对中国人民银行总行的行政复议决定不服的，可以在收到《中国人民银行行政复议决定书》之日起１５日内向国务院申请裁决，国务院依法作出的裁决为最终裁决。 |
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| Chapter II Scope of Administrative Review | | 第二章 行政复议范围 |
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| Article 7 Under any of the following circumstances, a financial institution, any other entity or individual may apply for an administrative review according to the present Measures: | | 第七条 有下列情形之一的，金融机构、其他单位和个人可以依照本办法申请行政复议： |
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| (1) Being dissatisfied with an administrative sanction decision of the PBOC on warning, fine, confiscation of illegal proceeds, confiscation of illegal properties, suspension or termination of financial business, order of stopping business for rectification, revocation of the Financial Business Permit or cancellation of any representative office of the financial institution, etc.; | | （一）对中国人民银行作出的警告、罚款、没收违法所得、没收非法财物、暂停或者停止金融业务、责令停业整顿、吊销经营金融业务许可证、撤销金融机构的代表机构等行政处罚决定不服的； |
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| (2) Being dissatisfied with an administrative review decision of the PBOC on writing off the post-holding qualification of any senior manager of the financial institution; | | （二）对中国人民银行作出的取消金融机构高级管理人员任职资格的决定不服的； |
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| (3) Believing that any specific administrative act of the PBOC has injured its/his legitimate and independent management; | | （三）认为中国人民银行的具体行政行为侵犯其合法的经营自主权的； |
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| (4) Believing that the PBOC fails to handle according to law an application for the issuance of the Financial Business Permit by the PBOC or for any matter that is subject to the examination and approval of the PBOC; or | | （四）认为符合法定条件，申请中国人民银行颁发经营金融业务许可证，或者申请中国人民银行审批有关事项，中国人民银行没有依法办理的； |
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| (5) Believing that any other specific act of the PBOC has injured its/his legitimate rights and interests. | | （五）认为中国人民银行的其他具体行政行为侵犯其合法权益的。 |
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| Article 8 Where a financial institution, any other entity or individual believes that the business rules on a lower level than financial regulations and rules as applied by the PBOC in its specific administrative act is illegal, it/he may, when applying for an administrative review on the specific administrative act, jointly file an application with an administrative review organ for the examination of the said rules. An examination of any financial regulation or rule shall be carried out according to the relevant laws and administrative regulations. | | 第八条 金融机构、其他单位和个人认为中国人民银行的具体行政行为所依据的金融规章以下的业务规则不合法，在对具体行政行为申请行政复议时，可以一并向行政复议机关提出对该规则的审查申请。对金融规章的审查依照法律、行政法规办理。 |
The term “financial regulations and rules” as mentioned in the preceding paragraph refers to the regulative documents that are formulated by the PBOC and promulgated by order of the PBOC. The term “business rules on a lower level than financial regulations and rules” refers to any other regulative documents as formulated and promulgated by the parent bank of the PBOC, any branch of the PBOC, the business department of the parent bank of the PBOC, the business department of any branch, the work office of financial supervision, any central sub-branch or any sub-branch. | |
前款所称金融规章是指中国人民银行制定，以中国人民银行令形式公开发布的规范性文件；金融规章以下的业务规则是指总行、分行、营业管理部、分行营业管理部、金融监管办事处、中心支行、支行制定并发布的其他规范性文件。 |
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| Article 9 Anyone that is dissatisfied with an administrative sanction or any other decision on personnel treatment as given or made by the PBOC may file an appeal according to the provisions of the relevant laws and administrative regulations. | | 第九条 不服中国人民银行作出的行政处分或者其他人事处理决定的，依照有关法律、行政法规的规定提出申诉。 |
Anyone who is dissatisfied with any mediation as made by the PBOC for a dispute over financial operations between financial institutions may apply for arbitration with an arbitrary organ or file a litigation with the people's court for the said dispute but shall not apply for any administrative review with the PBOC. | |
不服中国人民银行对金融机构之间的金融业务纠纷作出的调解的，可依法就该纠纷向仲裁机关申请仲裁或者向人民法院提起诉讼，不得向中国人民银行提起行政复议。 |
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| Chapter III Administrative Review Organs and Jurisdiction | | 第三章 行政复议机构和管辖 |
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| Article 10 The administrative review organs at all levels above the level of a central sub-branch of the PBOC shall establish an administrative review committee. | | 第十条 中国人民银行中心支行以上各级行政复议机关应当设立行政复议委员会。 |
An administrative review committee shall be composed of a president or vice-presidents (director or deputy director) of a bank of the PBOC as well as the principals of the departments of legal affairs and law enforcement thereof. | |
行政复议委员会由行长或副行长（主任或副主任）、法律事务工作部门、主要执法职能部门的负责人组成。 |
There shall be 1 director, 1 deputy director and 5~7 other members in an administrative review committee. | |
行政复议委员会设主任一名，副主任一名，其他委员５－７人。 |
The daily work of an administrative review committee shall be put in the charge of legal affairs department of an administrative review organ. | |
行政复议委员会的日常工作由行政复议机关的法律事务工作部门承担。 |
The Administrative Review Committee of the PBOC shall lead and carry out administration of the administrative review within the sector of the PBOC. | |
中国人民银行总行行政复议委员会领导、管理人民银行系统的行政复议工作。 |
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| Article 11 A director responsibility system shall be adopted for administrative review committees. Where a director fails to perform his duties and functions due to any reason, he may entrust the relevant deputy director to perform the duties and functions of director on his behalf. | | 第十一条 行政复议委员会实行主任负责制，主任因故不能履行职责时，可以委托副主任代行主任职责。 |
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| Article 12 An administrative review committee shall perform the following functions and duties: | | 第十二条 行政复议委员会履行下列职责： |
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| (1) Making a decision on administrative review; | | （一）作出行政复议决定； |
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| (2) Making a decision on handling an application filed by an applicant for an examination of rules on a lower level than financial regulations and rules; | | （二）依法对申请人提出的对金融规章以下规则的审查申请作出处理决定； |
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| (3) Making a decision on treating the basis of an administrative act as conducted by the relevant respondent; and | | （三）依法对被申请人作出的具体行政行为的依据作出处理决定。 |
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| (4) Handling any other matter that shall be decided by the administrative review committee according to law. | | （四）行政复议委员会认为依法应当由其决定的其他事项。 |
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| Article 13 The parent bank of the PBOC shall administer the following cases of administrative review: | | 第十三条 中国人民银行总行管辖下列行政复议案件： |
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| (1) Being dissatisfied with a specific administrative act as conducted by the parent bank of the PBOC and applying for an administrative review; | | （一）对中国人民银行总行作出的具体行政行为不服，申请行政复议的； |
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| (2) Being dissatisfied with a specific administrative act as conducted by a branch or the business department of the PBOC and applying for an administrative review; | | （二）对中国人民银行分行、营业管理部作出的具体行政行为不服，申请行政复议的； |
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| (3) Being dissatisfied with a specific administrative act as conducted by a central sub-branch of the PBOC in a provincial capital city or in the Shenzhen Special Economic Zone regarding treasury management, payment settlement, cash issuance as well as financial statistics and applying for an administrative review; | | （三）对中国人民银行省会城市及深圳经济特区中心支行在国库经理、支付清算、现金发行和金融统计方面作出的具体行政行为不服，申请行政复议的； |
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| (4) Any other case of administrative review within the jurisdiction of the PBOC. | | （四）中国人民银行总行认为应当管辖的其他复议案件。 |
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| Article 14 The business department shall take charge of the applications for administrative review as filed due to any dissatisfaction with a specific administrative act as conducted by a central sub-branch or sub-branch within its jurisdiction. | | 第十四条 营业管理部管辖对其所辖中心支行、支行作出的具体行政行为不服，申请行政复议的案件。 |
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| Article 15 A branch of the PBOC shall administer the following cases of administrative review: | | 第十五条 中国人民银行分行管辖下列行政复议案件： |
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| (1) Being dissatisfied with a specific administrative act as conducted by the business department or work office of financial supervision of the relevant branch and applying for an administrative review; | | （一）对分行营业管理部、金融监管办事处作出的具体行政行为不服，申请行政复议的； |
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| (2) Being dissatisfied with a specific administrative act as conducted by a central sub-branch in the province (region) where the relevant branch is located and applying for an administrative review; and | | （二）对分行所在省（区）的中心支行作出的具体行政行为不服，申请行政复议的； |
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| (3) Being dissatisfied with a specific administrative act as conducted by a central sub-branch within the jurisdiction of the relevant branch in a province (autonomous region) other than the province (autonomous region) where the relevant branch is located and applying for an administrative review, unless any treasury management, payment settlement, cash issuance or financial statistics is involved. | | （三）对分行所在省（区）以外的其他所辖省、（区）中心支行作出的具体行政行为不服，申请行政复议的。但具体行政行为涉及国库经理、支付清算、现金发行、金融统计的除外。 |
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| Article 16 The business department of a branch of the PBOC shall take charge of the applications for administrative review as filed due to any dissatisfaction with any specific administrative act as conducted by any central sub-branch or sub-branch within its jurisdiction. | | 第十六条 中国人民银行分行营业管理部管辖对所辖支行作出的具体行政行为不服，申请行政复议的案件。 |
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| Article 17 A central sub-branch of the PBOC in a provincial capital city shall administer the following cases of administrative review: | | 第十七条 中国人民银行省会城市中心支行管辖下列行政复议案件： |
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| (1) Being dissatisfied with a specific administrative act as conducted by a sub-branch within its jurisdiction and applying for an administrative review; and | | （一）对所辖支行作出的具体行政行为不服，申请行政复议的； |
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| (2) Being dissatisfied with a specific administrative act as conducted by any other central sub-branch in the province (autonomous region) where the said central sub-branch is located regarding treasury management, payment settlement, cash issuance or financial statistics and applying for an administrative review. | | （二）对所在省（自治区）其他中心支行在国库经理、支付清算、现金发行、金融统计方面作出的具体行政行为不服，申请行政复议的。 |
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| Article 18 A central sub-branch of a non-capital city of a province shall take charge of an application for administrative review as filed due to any dissatisfaction with a specific administrative act as conducted by a sub-branch within its jurisdiction. | | 第十八条 非省会城市中心支行管辖对所辖支行作出的具体行政行为不服申请行政复议的案件。 |
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| Article 19 An application for administrative review as filed due to any dissatisfaction with any specific administrative act as conducted by any financial institution that engages in cash management according to law shall be subject to the jurisdiction of the PBOC that directly takes charge of the aforesaid financial institution. | | 第十九条 对依法从事现金管理的金融机构作出的具体行政行为不服申请行政复议的，由直接监管该金融机构的人民银行管辖。 |
An application for administrative review as filed due to any dissatisfaction with any specific administrative act as conducted by any financial institution regarding the confiscation of fake money shall be subject to the jurisdiction of the PBOC that directly takes charge of the aforesaid financial institution. | |
对金融机构作出的有关收缴假币的具体行政行为不服申请行政复议的，由直接监管该金融机构的中国人民银行管辖。 |
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| Chapter IV Application for Administrative Review | | 第四章 行政复议申请 |
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| Article 20 Where a financial institution, any other entity or individual believes that any specific administrative act of the PBOC has injured its/his legitimate rights and interests, it/he may file an application for administrative review within 60 days as of learning the aforesaid administrative act, except that it fails to file an application within the time limit of 60 days as prescribed by law. | | 第二十条 金融机构、其他单位和个人认为中国人民银行的具体行政行为侵犯其合法权益的，可以自知道该具体行政行为之日起６０日内提出行政复议申请；但法律规定的申请期限超过６０日的除外。 |
Where the statutory time limit for filing an application is delayed due to force majeure or any other justifiable reason, the time limit for application shall continue to be calculated as of the day when the relevant obstacle is removed. | |
因不可抗力或者其他正当理由耽误法定申请期限的，申请期限自障碍消除之日起继续计算。 |
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| Article 21 A financial institution, any other entity or individual that files an application for administrative review according to the present Measures shall be deemed as an applicant. | | 第二十一条 依照本办法申请行政复议的金融机构、其他单位和个人是申请人。 |
Where any citizen that has a right to file an application for administrative review dies, his close relative may apply for an administrative review on his behalf. Where any citizen that has the right to apply for administrative review but has no civil disposition capacity or has limited civil capacity, the legal agent thereof may apply for an administrative review on his behalf. Where a financial institution or any other entity that has the right to apply for an administrative review terminates its business, a financial institution or any other entity that succeeds its right may apply for an administrative review. | |
有权申请行政复议的公民死亡的，其近亲属可以申请行政复议。有权申请行政复议的公民为无民事行为能力或者限制民事行为能力人的，其法定代理人可以代为申请行政复议。有权申请行政复议的金融机构或者其他单位终止的，承受其权利的金融机构或者其他单位可以申请行政复议。 |
Where a financial institution, any other entity or individual is dissatisfied with any specific administrative act of the PBOC and applies for an administrative review, the PBOC that has conducted the specific administrative act shall be deemed as the respondent to the corresponding application. | |
金融机构、其他单位和个人对中国人民银行的具体行政行为不服申请行政复议的，作出具体行政行为的中国人民银行是被申请人。 |
Where anyone is dissatisfied with a specific administrative act of a financial institution that engages in cash management and applies for an administrative review, the financial institution that has conducted the specific administrative act shall be deemed as the respondent to the said application. | |
对依法从事现金管理的金融机构作出的具体行政行为不服申请行政复议的，作出具体行政行为的金融机构是被申请人。 |
Where anyone is dissatisfied with any confiscation of fake money as conducted by a financial institution and applies for administrative review, the financial institution that has conducted the confiscation of fake money shall be deemed as the respondent to the said application. | |
对金融机构收缴假币的行为不服申请行政复议的，作出收缴假币决定的金融机构是被申请人。 |
An entity or individual that has any interest relationship with any specific administrative act as for which an application is filed for administrative review may attend the relevant administrative review as the third party. | |
与申请行政复议的具体行政行为有利害关系的单位和个人，可以作为第三人参加行政复议。 |
An applicant or a third party may entrust an agent to attend an administrative review on its/his behalf. | |
申请人、第三人可以委托代理人代为参加行政复议。 |
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| Article 22 An applicant shall, when applying for an administrative review, submit an Application for Administrative Review, which shall indicate the following contents: | | 第二十二条 申请人申请行政复议，应当递交《行政复议申请书》。《行政复议申请书》应当载明下列内容： |
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| (1) The name and address of an applicant, the name or post of its legal representative or person-in-charge (in the case of an individual applicant, his name, gender, age, occupation and address); | | （一）申请人的名称、地址、法定代表人或主要负责人的姓名、职务（申请人是个人的姓名、性别、年龄、职业、住址）； |
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| (2) The name and address of an respondent; | | （二）被申请人的名称、地址； |
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| (3) The requirements as well as reasons in an application for administrative review; | | （三）申请复议的要求和理由； |
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| (4) The date when an application for administrative review is filed; and | | （四）提出复议申请的日期； |
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| (5) The duplicate of the Decision on Administrative Sanction or any other administrative decision as well as the attachment of any other evidence. | | （五）行政处罚决定书或者其他行政决定的副本及其他证据的附件。 |
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| Article 23 Where an administrative review organ has accepted an application for administrative review according to law or where any application for administrative review shall be first filed with an administrative review organ according to the provisions of the relevant laws and administrative regulations, an applicant shall not file any administrative litigation with the people's court within the statutory period of administrative review. | | 第二十三条 行政复议机关已经依法受理行政复议申请或法律、行政法规规定应当先向行政复议机关申请复议的，在法定行政复议期限内不得向人民法院提起行政诉讼。 |
Where an applicant files an administrative litigation with the people's court and the people's court accepts it according to law, the applicant shall not file an application for administrative review. | |
申请人向人民法院提起行政诉讼，人民法院已经依法受理的，不得申请行政复议。 |
| | 第五章 行政复议受理 |
| Chapter V Acceptance of Administrative Review | |
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| | 第二十四条 行政复议机关收到行政复议申请后，应当在５日内进行审查。对符合本办法规定的，予以受理。对不符合本办法规定的行政复议申请，不予受理，并发出《中国人民银行不予受理决定书》，告知申请人。 |
| Article 24 An administrative review organ shall, after receiving an application for administrative review, carry out an examination within 5 days. It shall accept an application for administrative review that satisfies the provisions of the present Measures. For an application for administrative review that fails to satisfy the provisions of the present Measures, the administrative review organ shall reject it and issue a Decision of the PBOC on Rejection and inform the applicant. | |
行政复议申请有下列情形之一的，行政复议机关决定不予受理： |
Under any of the following circumstances, an administrative review organ shall reject the application for administrative review: | |
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| | （一）复议申请超过法定期限，且无正当延长期限理由的； |
| (1) Where an application for administrative review fails to be filed within the statutory term and there is no justifiable reason for any extension of the term; | |
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| | （二）申请人不是具体行政行为直接侵犯其合法权益的金融机构、其他单位和个人； |
| (2) Where an applicant fails to be a financial institution, any other entity or individual whose legitimate rights and interests have been directly injured by any special administrative act; | |
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| | （三）没有明确的被申请人； |
| (3) Where there is no definite respondent to an application; | |
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| | （四）没有具体的复议请求和事实根据； |
| (4) Where there is no specific requirements for administrative review or factual evidence; | |
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| | （五）不属于申请复议的范围； |
| (5) Where an application fails to fall into the scope of application for administrative review; or | |
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| | （六）不属于本行政复议机关管辖。 |
| (6) Where an application fails to fall into the jurisdiction of an administrative review organ. | |
不属于本机关受理的行政复议申请的，应当告知申请人向有关行政复议机关提出。 |
For an application that does not fall into the acceptance scope of an administrative review organ, the said administrative review organ shall inform the applicant to file an application with the competent administrative review organ. | |
除第二、三款规定外，行政复议申请自行政复议机关的法律事务工作部门收到之日起即为受理。 |
Except for the circumstances as prescribed in paragraphs 2 and 3 herein, an application for administrative review shall be deemed to be accepted as of the day when the legal affairs department of an administrative review organ receives it. | |
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| | 第二十五条 对依法从事现金管理的金融机构作出的行政处罚决定不服的，应当先向人民银行申请行政复议。对行政复议决定不服的，或者行政复议机关决定不予受理的，或者受理后超过行政复议期限不作答复的，申请人可以自收到《中国人民银行行政复议决定书》、《中国人民银行不予受理决定书》之日起或者行政复议期满之日起１５日内，依法向人民法院提起行政诉讼。 |
| Article 25 Any applicant that is dissatisfied with an administrative sanction as given by a financial institution that engages in currency management shall first file an application for administrative review with the PBOC. Where an applicant is dissatisfied with an administrative review decision or where an administrative review organ decides to reject an application for administrative review or fails to make a reply within the time limit of administrative review after acceptance, the relevant applicant may file an administrative litigation with the people's court as of the day when the Decision of the PBOC on Administrative Review or the Decision of the PBOC on Rejection is received within 15 days as of the expiration of the period for administrative review. | |
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| | 第二十六条 行政复议机关对申请人依法提出的行政复议申请，无正当理由不予受理的，行政复议机关的上级机关应当责令其受理；必要时，行政复议机关的上级机关也可以直接受理。 |
| Article 26 Where an administrative review organ fails to accept an application for administrative review as filed by an applicant according to law without any justifiable reason, the superior organ of the said administrative review organ shall order it to accept the relevant application. Where necessary, the said superior organ may directly accept the application itself. | |
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| | 第二十七条 行政复议期间除有下列情形之一外，具体行政行为不停止执行。 |
| Article 27 Except for any of the following circumstances during the period of administrative review, the implementation of the specific administrative act concerned shall not be stopped: | |
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| | （一）被申请人认为需要停止执行的； |
| (1) Where a respondent to an application believes it necessary to stop the implementation of a specific administrative act; | |
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| | （二）行政复议机关认为需要停止执行的； |
| (2) Where an administrative review organ believes it necessary to cease the implementation of a specific administrative act; | |
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| | （三）申请人申请停止执行，行政复议机关认为其要求合理，决定停止执行的； |
| (3) Where an applicant applies for ceasing the implementation of a specific administrative act and the relevant administrative review organ deems it a reasonable requirement and decides to cease the relevant implementation; or | |
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| | （四）法律规定停止执行。 |
| (4) Where the implementation of a specific administrative act shall be stopped according to the provisions of the relevant laws. | |
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| | 第六章 行政复议决定 |
| Chapter VI Decision on Administrative Review | |
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| | 第二十八条 行政复议原则上采取书面审查的办法，但是申请人提出要求或者行政复议机关的法律事务工作部门认为有必要时，可以向有关组织和人员调查情况，听取申请人、被申请人和第三人的意见。 |
| Article 28 As is a principle, the method of written examination shall be adopted for administrative review. However, where an applicant so requests or when the legal affairs department of the administrative review organ believes it necessary, the relevant administrative review organ may investigate into the relevant organizations and personnel so as to solicit the opinions of the relevant applicant, respondent as well as the third party. | |
复议机关在进行调查时，复议人员不得少于两人。调查应当作调查笔录，调查笔录应当由调查人员、被调查人员签字或盖章。委托其他行政机关进行调查的，应当制作委托书。 |
Where an administrative review organ carries out an investigation, there shall be no less than 2 review functionary. Investigation records shall be made in written form and shall bear the signatures of investigators and persons under investigation or bear the relevant seals. Where an administrative review organ entrusts any other organ to make an investigation, a power of attorney shall be made. | |
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| | 第二十九条 行政复议机关的法律事务工作部门应当自行政复议申请受理之日起７日内，将《行政复议案件答辩通知书》及行政复议申请书副本发送被申请人。被申请人应当自收到《行政复议案件答辩通知书》及行政复议申请书副本之日起１０日内，提出《行政复议答辩书》，并提交当初作出具体行政行为的证据、依据和其他有关材料。《行政复议答辩书》应当载明以下内容： |
| Article 29 The legal affairs department of an administrative review organ shall, within 7 days as of receiving an application for administrative review, send to the relevant respondent a Notice on Defense in An Administrative Review Case as well as a duplicate of the application for administrative review. The respondent shall, within 10 days as of receiving the Notice on Defense in An Administrative Review Case as well as the duplicate of the application for administrative review, set forth an Administrative Review Defense and submit the evidence, basis as well as other relevant materials for its specific administrative act as conducted. An Administrative Review Defense shall indicate the following contents: | |
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| | （一）答辩的被申请人的名称、地址、法定代表人或主要负责人的姓名、职务； |
| (1) The name and address of a respondent in defense and the name and post of its legal representative or person-in-charge; | |
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| | （二）作出具体行政行为的事实、理由和依据的法律、行政法规、规章和其他规范性文件； |
| (2) The facts and reasons of its specific administrative act and the relevant laws, administrative regulations and rules as well as any other regulative documents on which its specific administrative act is based on; | |
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| | （三）被申请人认为应当答辩的其他事实和理由； |
| (3) The other facts and reasons as regarded necessary by the respondent to be filed in defense; and | |
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| | （四）作出答辩的日期，并加盖被申请人的印章。 |
| (4) The defense date, which shall be affixed with the seal of the respondent. | |
申请人、第三人可以查阅被申请人提出的书面答复、作出具体行政行为的证据、依据和其他有关材料，除涉及国家秘密、商业秘密或者个人隐私外，行政复议机关不得拒绝。 |
Where an applicant or a third party requests to consult the written reply as made by a respondent as well as the evidence, basis and other relevant materials for a specific administrative act, the relevant administrative review organ shall not reject it, unless any state secret, commercial secret or individual privacy is involved. | |
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| | 第三十条 在行政复议过程中，被申请人不得自行向申请人和其他有关组织或者个人收集证据，但被申请人有关于案件的重要证据线索的，可以向复议机关提出取证申请，复议机关认为有必要时，可以调查取证。
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