中华人民共和国行政复议条例

Regulations Governing Reconsideration of Administrative Measures

第一章 总则

Chapter I General Provisions

第一条 为了维护和监督行政机关依法行使职权，防止和纠正违法或者不当的具体行政行为，保护公民、法人和其他组织的合法权益，根据宪法和有关法律，制定本条例。

Article 1. These Regulations are enacted pursuant to the constitution and pertinent laws, with a view to safeguarding and supervising administrative bodies in exercising their functions and powers according to the law; preventing and correcting any malfeasant or improper specific administrative acts; and protecting the lawful rights and interests of citizens, legal persons and other organizations.

第二条 公民、法人或者其他组织认为行政机关的具体行政行为侵犯其合法权益，可以依照本条例向行政机关申请复议。

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

第三条 复议机关依法行使职权，不受其他机关、社会团体和个人的非法干预。

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

第四条 本条例所称复议机关，是指受理复议申请，依法对具体行政行为进行审查并作出裁决的行政机关。

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

本条例所称复议机构，是指复议机关内设的负责有关复议工作的机构。

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

第五条 除法律、行政法规另有规定的外，行政复议实行一级复议制。

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

第六条 行政复议遵循合法、及时、准确和便民的原则。

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

第七条 复议机关依法对具体行政行为是否合法和适当进行审查。

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

第八条 复议机关审理复议案件，不适用调解。

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

第二章 申请复议范围

Chapter II. The Scope of Application for Reconsideration

第九条 公民、法人和其他组织对下列具体行政行为不服可以向行政机关申请复议：

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

（一）对拘留、罚款、吊销许可证和执照、责令停产停业、没收财物等行政处罚不服的；

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

（二）对限制人身自由或者对财产的查封、扣押、冻结等行政强制措施不服的；

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

（三）认为行政机关侵犯法律、法规规定的经营自主权的；

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

（四）认为符合法定条件申请行政机关颁发许可证和执照，行政机关拒绝颁发或者不予答复的；

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

（五）申请行政机关履行保护人身权、财产权的法定职责，行政机关拒绝履行或者不予答复的；

(5) refusal by an administrative body 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;

（六）认为行政机关没有依法发给抚恤金的；

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

（七）认为行政机关违法要求履行义务的；

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

（八）认为行政机关侵犯其他人身权、财产权的；

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

（九）法律、法规规定可以提起行政诉讼或者可以申请复议的其他具体行政行为。

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

第十条 公民、法人和其他组织对下列事项不服，不能依照本条例申请复议：

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:

（一）对行政法规、规章或者具有普遍约束力的决定、命令不服的；

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

（二）对行政机关工作人员的奖惩、任免等决定不服的；

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

（三）对民事纠纷的仲裁、调解或者处理不服的；

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