第三十九条 复议期间具体行政行为不停止执行。但有下列情形之一的，可以停止执行：

Article 39. In the course of hearing a reconsideration case, execution of the specific administrative act shall not be suspended. However, under one of the following circumstances, the execution of the specific administrative act may be suspended:

（一）被申请人认为需要停止执行的；

(1) where suspension is deemed necessary by the defending party;

（二）复议机关认为需要停止执行的；

(2) where suspension is deemed necessary by the administrative body for reconsideration;

（三）申请人申请停止执行，复议机关认为其要求合理，裁决停止执行的；

(3) where suspension of execution is requested by the applicant and the administrative body for reconsideration deems it reasonable and makes the decision on the suspension of the execution;

（四）法律、法规和规章规定停止执行的。

(4) where suspension is required by the provisions of the laws, regulations and rules.

第四十条 复议决定作出以前，申请人撤回复议申请，或者被申请人改变所作的具体行政行为，申请人同意并申请撤回复议申请的，经复议机关同意并记录在案，可以撤回。

Article 40. Prior to the making of a reconsideration decision, if the applicant withdraws the application for reconsideration, or the defending party of the application has changed the specific administrative act it has undertaken, and the applicant agrees and applies for the withdrawal of the application for reconsideration, the application may be withdrawn with the approval of the administrative body for reconsideration and after the reconsideration case is recorded on file.

申请人撤回复议申请，不得以同一的事实和理由再申请复议。

Where an applicant has withdrawn his application for reconsideration, he may not apply for reconsideration again for the same facts and reasons.

第四十一条 复议机关审理复议案件，以法律、行政法规、地方性法规、规章，以及上级行政机关依法制定和发布的具有普遍约束力的决定、命令为依据。

Article 41. In handling reconsideration cases, the administrative body for reconsideration shall base itself on the laws, administrative rules and regulations, local regulations and rules as well as the decisions and orders with a general binding force formulated and promulgated by administrative bodies at higher levels according to the law.

复议机关审理民族自治地方的复议案件，并以该民族自治地方的自治条例、单行条例为依据。

In handling reconsideration cases of the nationality autonomous regions, the administrative body for reconsideration shall also base itself on the regulations on autonomy and separate regulations of the nationality autonomous regions.

第四十二条 复议机关经过审理，分别作出以下复议决定：

Article 42. The administrative body for reconsideration shall, after the hearing, respectively make the following reconsideration decisions:

（一）具体行政行为适用法律、法规、规章和具有普遍约束力的决定、命令正确，事实清楚，符合法定权限和程序的，决定维持；

(1) if the application of the laws, regulations and rules as well as the decisions and orders with a general binding force to the specific administrative act is correct, the facts are clearly ascertained and the statutory limits of authority and procedures are complied with, the specific administrative act shall be sustained by decision;

（二）具体行政行为有程序上不足的，决定被申请人补正；

(2) if there are some inadequacies in the specific administrative act in terms of procedure, a decision shall be made for the defending party of an application for reconsideration to make them up and improve them;

（三）被申请人不履行法律、法规和规章规定的职责的，决定其在一定期限内履行；

(3) if the defending party of an application for reconsideration fails to perform its duty as prescribed by laws, regulations and rules, a fixed time shall be set for the defending party to perform the duty;

（四）具体行政行为有下列情形之一的，决定撤销、变更，并可以责令被申请人重新作出具体行政行为：

(4) if a specific administrative act has been undertaken in one of the following circumstances, the act shall be annulled or changed, or the defending party may be required by decision to undertake a specific administrative act anew:

１．主要事实不清的；

(a) ambiguity of the main facts;

２．适用法律、法规、规章和具有普遍约束力的决定、命令错误的；

(b) erroneous application of the laws, regulations and rules and of decisions and orders with a general binding force;

３．违反法定程序影响申请人合法权益的；

(c) violation of legal procedures that affects unfavorably the lawful rights and interests of the applicant;

４．超越或者滥用职权的；

(d) excess of authority or abuse of powers;

５．具体行政行为明显不当的。

(e) obvious inappropriateness of the specific administrative act.

第四十三条 复议机关审查具体行政行为时，发现具体行政行为所依据的规章或者具有普遍约束力的决定、命令与法律、法规或者其他规章和具有普遍约束力的决定、命令相抵触的，在其职权范围内依法予以撤销或者改变。

Article 43. Where, in the course of reviewing a specific administrative act, an administrative body for reconsideration finds that the rules, or decisions and orders with a general binding force, which serve as the basis for a specific administrative act, are in conflict with the laws and regulations or other rules, decisions or orders with a general binding force, the competent administrative body for reconsideration shall, within its scope of functions and powers, decide on their nullification or change according to law.

复议机关认为具体行政行为所依据的规章或者具有普遍约束力的决定、命令与法律、法规或者其他规章和具有普遍约束力的决定、命令相抵触，而复议机关又无权处理的，向其上级行政机关报告。

Where the administrative body for reconsideration deems that the rules or decisions and orders with a general binding force, which serve as the basis for a specific administrative act, are in conflict with the laws and regulations, or other rules, decisions and orders with a general binding force, but the administrative body for reconsideration has no power to handle the case, then it shall be reported to the administrative body at a higher level.

上级行政机关有权处理的，依法予以处理；上级行政机关无权处理的，提请有权机关依法处理。处理期间，复议机关停止对本案的审理。

The administrative body at a higher level that has the power to handle the case, shall handle it according to the law; if the administrative body at a higher level does not have the power to handle the case, it shall be submitted to an body that has the power to handle it. In the course of handling the case, the administrative body for reconsideration

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