Archived（May 31, 2018）
Measures of the Shenzhen Municipality on Dealing with the Appeal Cases of Administrative Supervision was deliberated and adopted at the 71st Executive Meeting of the Fourth Session of the municipal government and is now promulgated, and shall be put into force from December1, 2007.
Xu Zongheng
Mayor
October 30, 2007
Measures of the Shenzhen Municipality on Dealing with the Appeal Cases of Administrative Supervision
Chapter I General Provisions
Article 1 In order to promote executing of duties according to law and prompt dealing with appeal cases by supervision offices and their personnel, to protect the legitimate rights and interests of administrative offices and their personnel, the other persons appointed by administrative offices, and other organizations and individuals supervised by supervision offices according to law, these measures are formulated in accordance with laws, regulations.
Article 2 These measures shall apply in dealing with the appeal cases filed to supervision offices by administrative offices, other organizations and individuals within the administrative region of the Shenzhen Municipality (hereinafter referred to as the municipality) on the decisions of supervision or decisions of punishments.
Article 3 In dealing with appeal cases, supervision offices shall follow the principle of seeking truth from facts, correcting whatever mistakes, being fair and just, doing their work accurately and timely.
Article 4 The municipal, district supervision offices shall be responsible for dealing with the appeal cases of administrative supervision at different levels, and a system to close a case through reinvestigation and review, reexamination and review shall be put into practice.
Article 5 When supervision offices are dealing with appeal cases, the implementation of the decisions of punishments or decisions of supervision related to appeals shall not be stopped.
Article 6 In dealing with appeal cases, supervision offices shall not impose heavier punishments for the same fact on the persons against whom the decisions of punishment or decisions of supervision have been made.
Chapter II Scope and Jurisdiction of Appeals
Article 7 The following appeal cases shall be under the jurisdiction of the municipal supervision office:
(1) to have an objection to the decision of supervision made by the municipal supervision office;
(2) to have an objection to the decision of punishment, the review decision on a decision of punishment made by the various departments of the municipal people’s government, by district people’s governments;
(3) to have an objection to the reinvestigation decision, reexamination decision made by a district supervision office;
(4) the appeal cases assigned by the people’s government at the same level or superior supervision offices.
Article 8 The following appeal cases shall be under the jurisdiction of district
supervision offices:
(1) to have an objection to the decision of supervision made by a district supervision office;
(2) to have an objection to the decision of punishment, the review decision on a decision of punishment made by the various departments of a district people’s government;
(3) the appeal cases assigned by the people’s government at the same level or superior supervision offices.
Article 9 If there is a dispute on the jurisdiction of an appeal case, a superior
supervision office shared by both parties in the dispute shall decide the jurisdiction.
Article 10 The legal affairs division of a supervision office (hereinafter referred to as a legal division) shall be responsible for dealing with appeal cases and executing duties such as accepting appeal cases, investigating and collecting evidence, trying appeal cases, etc.
If there is no legal affairs division set up in a supervision office, an appeal case shall be dealt with by the personnel who are not the staff of the trial division and the division that made an investigation for this case.
Chapter III Lodging an Appeal and Accepting a Case
Article 11 An appeal shall be lodged by an individual who has been punished, or an administrative office, other organizations and individuals against whom a decision of supervision has been made (hereinafter referred to as appealer).
If an appealer died or has lost the ability to act, the close relatives of the appealer may lodge an appeal; if an appealer is an administrative office or other organization and this office or organization is disbanded or terminated, the office or other organization succeeding its rights and obligations may lodge an appeal.
Article 12 If an appealer has an objection to the decision of punishment made by an administrative office, an application for reinvestigation may be filed to a supervision office having jurisdiction within 30 days from the date of receiving the decision of punishment; if there is still an objection to the decision of the reinvestigation, an application for review may be filed to a superior supervision office within 30 days from the date of receiving the decision of the reinvestigation.
Article 13 If an appealer has an objection to the decision of supervision, an application for reexamination may be filed to the supervision office having made the decision of supervision within 30 days from the date of receiving the decision of supervision; if there is still an objection to the decision of the reexamination, an application for review may be filed to a superior supervision office within 30 days from the date of receiving the decision of the reexamination.
Article 14 The following requirements shall be satisfied in order to lodge an appeal:
(1) the matters to be appealed for shall be within those stipulated by these measures;
(2) there shall be specific appeal requests and a factual foundation;
(3) an appeal shall be lodged within the time limit according to law;
(4) to be under the jurisdiction of the supervision office which accepts an appeal;
(5) the other requirements stipulated by laws, regulations, rules.
Article 15 An appealer shall submit a written appeal to a supervision office
within a stipulated time limit for appealing, the original decision of punishment and its reinvestigation decision, the original decision of supervision and its reexamination decision shall be attached, the related materials of evidence may be attached as well.
A written appeal shall have the following items:
(1) the name, sex, age, working unit, and residence of an appealer; the designation, address of a legal person or other organization and the name, position of a legal representative;
(2) the designation of an appealed office. If a supervision office upholds the original decision of punishment in its reinvestigation decision, the administrative office having made the decision of punishment shall be an appealed office. If a supervision office changes the previous decision of punishment in its reinvestigation decision, the supervision office shall be an appealed office.
(3) the requests and reason of an appeal;
(4) the date of lodging an appeal.
Article 16 Unless there are time limits stipulated specifically by these measures, a supervision office shall do as follows within 15 days from the date of receiving a written appeal:
(1) to accept a case if the requirements referred to in Article 14 of these measures are met;
(2) to reject a case which is not under the jurisdiction of the supervision office and to inform an appealer of the offices which have the jurisdiction to accept the case;
(3) to reject a case if one of the requirements referred to in Article 11, Article 14 is not met, and to inform an appealer of the reason;
(4) to return a written appeal to an appealer if one of the items referred to in Article 15 is missing, and to ask for adding it by a deadline;
(5) to reject a case if an appealer has already lodged an appeal to other office having the jurisdiction to accept the case according to the civil servant law; to terminate the trial if the case has been accepted.
Article 17 When accepting an appeal, a supervision office shall inform an
appealer of the name of the person who is going to handle the case. If an appealer believes that the person handling the case has a stake in the case or the other relationship that might obstruct a fair trial, the appealer shall have the right to apply for the withdrawal of this person from handling the case. If the person handling a case believes himself/herself to have a stake in the case or to have the other relationship, he/she shall apply for withdrawal.
The withdrawal of the person handling a case shall be decided by the head of the legal division; the withdrawal of the head of the legal division as the person handling a case shall be decided by the head of a supervision office.
Chapter IV Trial and Decision
Article 18 When trying an appeal case, a supervision office shall close the case within the following stipulated time limits:
(1) for an application for the reinvestigation of a decision of punishment made by an responsible administrative office, a reinvestigation decision shall be made within 30 days from the date of accepting the case;
(2) for an application for the reexamination of a decision of supervision, a reexamination decision shall be made within 30 days from the date of accepting the case;
(3) for an application for the review of a reinvestigation decision, a reexamination decision, a review decision shall be made within 60 days from the date of accepting the case.
If an appeal case has not been able to be closed within the time limit, the legal
division shall make a report to the head of a supervision office at the same level and give an explanation, if an appeal case assigned by a superior supervision office has not been able to be closed within the time limit, the supervision office in charge of trying shall give an explanation to the superior supervision office; for a special reason approved by the head of the supervision office at the same level, the time limit for handling a case may be extended for no more than another 60 days. The supervision office in charge of trying the case shall explain the extension of the time limit to the appealer.
Article 19 If an appealed office in an appeal case is a subordinate supervision office or other offices, the supervision office accepting the appeal shall send a copy of the written appeal to the appealed office in 7 days. The appealed office shall submit all the materials or evidence concerning the appeal to the supervision office accepting the case within 10 days from the date of receiving the copy of the written appeal, and give a written explanation.
If an appealed office fails to give an explanation, it shall not affect the trial of an appeal case.
Article 20 During the period of appealing, the implementation of the original decision of punishment made by a responsible administrative office, the original decision of supervision, decision of reinvestigation, decision of reexamination made by an supervision office shall not be stopped except for one of the following situations:
(1) the appealed office thinks it is necessary to stop the implementation;
(2) the supervision office trying the appeal case thinks it is necessary to stop the implementation;
(3) the appealer applies for stopping the implementation and the supervision office trying the appeal case thinks the request is justified and decides to stop the implementation;
(4) the laws, regulations stipulate that the implementation shall be stopped.
Article 21 Before a supervision office makes a decision on an appeal case, if
appealer withdraws an appeal, or if an appealed office changes the original decision and an appealer agrees to withdraw an appeal, the appeal may be withdrawn after the supervision office in charge of the trial of the appeal case agrees and put it on record.
After withdrawing an appeal, if an appealer lodges an appeal again for the same facts and reason within a time limit according to law, a supervision office shall accept the case; if an appeal is lodged after a time limit set by law, it shall not be accepted.
Article 22 When trying an appeal case, a supervision office shall get all the materials related to the case and examine the factual part of the case of the appeal lodged by an appealer; if the supervision office thinks it is necessary, the office may conduct an all-sided examination of the facts of the case which shall not be restricted by the requested items of the appeal.
Article 23 When trying an appeal case, a supervision office shall examine:
(1) if facts are clear, evidence is accurate and sufficient;
(2) if the application of laws, regulations, rules, etc. is right, the judgment of the nature of the case is accurate;
(3) if the decision of punishment, supervision made by an appealed office is appropriate;
(4) if the legal procedure of dealing with the case is followed;
(5) the other issues to be investigated and clarified.
Article 24 A supervision office shall try an appeal case in the following ways
according to needs:
(1) to do a documentary examination of the materials of a case;
(2) to make a direct investigation and verification;
(3) to request the office having made the original decision to make an additional investigation and provide additional evidence by a deadline.
When trying an appeal case, a supervision office shall give an appealer an
opportunity to make a statement face to face.
Article 25 The personnel of a supervision office who are trying an appeal case shall carefully examine and read the materials and evidence related to the case, and make a note on the file reading.
After the file reading, if it is thought to be necessary to make an investigation and verification, the major issues to be examined shall be determined, a plan shall be made and reported to the head of the supervision office for approval, and implemented according to the stipulated procedure after approval.
Article 26 After trying an appeal case, a supervision office shall make a trial report of the appeal case. A trial report shall have the following major items:
(1) the appeal request and reason;
(2) the original case handling process of an appealed office, the verified facts and conclusions of the original decision of punishment and other decisions of supervision, and their reinvestigation, reexamination;
(3) the state of an appeal case trial, the facts, evidence, and nature verified through the trial, and the provisions of applied laws, regulations, and rules;
(4) the opinion of reinvestigation, reexamination, or review.
Article 27 A supervision office shall uphold the original decision if the office
believes that the original decision of punishment, decision of supervision, decision of reinvestigation, decision of reexamination meet the following conditions:
(1) facts are clear, evidence is accurate and sufficient;
(2) the application of laws, regulations, rules is right, the judgment of the nature of the case is accurate;
(3) the requirements for legal jurisdiction and procedure are satisfied;
(4) the punishment is appropriate.
Article 28 A supervision office shall cancel a decision or instruct a responsible
administrative office, a subordinate supervision office to cancel a decision if it is found that an original decision of punishment, a review decision on a decision of punishment, a decision of supervision, a decision of reinvestigation, or a decision of reexamination is in one of the following situations:
(1) the verified facts of violation of law, discipline do not exist;
(2) the verified facts are not clear, the evidence is not sufficient;
(3) the legal procedure is not followed so that the case cannot be tried fairly.
The cases referred to in Items (2), (3) in the previous section, which have their
decisions cancelled, shall be reconsidered to make new decisions by the original office handling the case.
If an original decision of punishment, a review decision on a decision of punishment, a decision of supervision was reported to and approved by or agreed on by the people’s government at the same level as that of a supervision office, the supervision office shall report to the people’s government at the same level for approval before canceling the decision.
Article 29 If a supervision office thinks that an original decision of punishment, a decision of supervision, a decision of reinvestigation, or a decision of reexamination is in one of the following situations, the office may decide to directly make a change or instruct a responsible administrative office, a subordinate supervision office to make a change:
(1) the application of laws, regulations, rules is not appropriate, the judgment of the nature of the case is not accurate;
(2) the punishment is obviously inappropriate.
If an original decision of punishment, a review decision on a decision of
punishment, a decision of supervision was reported to and approved by or agreed on by the people’s government at the same level as that of a supervision office accepting the appeal case, the supervision office shall report to the people’s government at the same level for approval before making a change.
Article 30 A supervision office may solicit expert opinions on major, difficult appeal cases from the consultation committee of experts set up by this office.
The consultation committee of experts shall be composed of related experts who are not staff members of a supervision office, specific methods shall be worked out by the municipal supervision office separately.
Article 31 When a supervision office makes a decision on an appeal case, it shall make written appeal decisions on reinvestigation, reexamination, or review respectively according to the classification of the appeal case.
The written decision referred to in the previous section shall have the following major items:
(1) the name, sex, age, and work unit of an appealer, the designation of a legal person or other organization, and the name and position of a legal representative or the person in charge;
(2) the designation of an appealed office;
(3) the appeal requests and the main reason;
(4) the major facts and reason verified in the original decision of punishment, decision of supervision, decision of reexamination, or decision of reinvestigation, the applied laws, regulations, and rules;
(5) the facts and reason verified by a supervision office after trying an appeal case, the applied laws, regulations, and rules;
(6) the conclusion;
(7) the time limit to apply to a superior supervision office for review if an appealer has an objection to the appeal decision; a written review decision shall make it clear that this written decision is a final decision;
(8) the date of making the decision.
The seal of the supervision office making a decision shall be affixed to a written
appeal decision.
Article 32 In accordance with the related stipulations of Civil Procedure Law, a supervision office shall serve a written appeal decision on an appealer and appealed office within 7 days from the date of making an appeal decision.
Chapter V Supplementary Provisions
Article 33 These measures shall take effect as of December 1, 2007. Measures of the Shenzhen Special Economic Zone on Dealing with the Cases of Administrative Appeal shall be repealed at the same time.
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