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Administrative Reconsideration Law of China (2017)

行政复议法

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Sep 01, 2017

Effective date Jan 01, 2018

Validity status Valid

Scope of application Nationwide

Topic(s) Public Administration Administrative Procedure Procedure Law

Editor(s) C. J. Observer

The Administrative Reconsideration Law was promulgated in 1999 and amended in 2009 and 2017 respectively. The latest revision entered into force on January 1, 2018.

There are 43 articles in total.

The key points are as follows:

1.This Law is applicable to a citizen, legal person or any other organization who considers that his or its lawful rights and interests have been infringed upon by a specific administrative act, and applies for administrative reconsideration to an administrative organ which accepts the application for administrative reconsideration, and makes a decision of administrative reconsideration.

2.If any citizen, legal person or any other organization refuses to accept an administrative reconsideration decision, he or it may, in accordance with the provisions of Administrative Procedure Law of the People’s Republic of China, bring an administrative lawsuit before a people’s court, except that the administrative decision is, as provided for by law, a final decision.

3.Any citizen, legal person or any other organization, who considers that a specific administrative act has infringed upon his or its lawful rights and interests, may file an application for administrative reconsideration within 60 days from the day when he or it knows the specific administrative act, except that the time limit prescribed in laws exceeds 60 days.

4.An administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the day of acceptance of application, except for the circumstances where the time of administrative reconsideration set in laws is shorter than 60 days.

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