Measures of People's Republic of China (PRC) Customs for Administrative Reconsideration

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Administrative Reconsideration Law of People's Republic of China (PRC) (hereinafter referred to as "Administrative Reconsideration Law"), the Customs Law of People's Republic of China (PRC) (hereinafter referred to as "Customs Law") and the Administrative Reconsideration Law of People's Republic of China (PRC) in order to standardize the customs administrative reconsideration behavior and give full play to the role of the administrative reconsideration system in resolving administrative disputes, building a customs ruled by law and building a harmonious socialist society. Article 2 These Measures shall apply to citizens, legal persons or other organizations who believe that a specific administrative act of the Customs infringes upon their legitimate rights and interests and apply to the Customs for administrative reconsideration. Article 3 The customs administrative reconsideration institutions at all levels shall earnestly perform their duties of administrative reconsideration, lead and support the institutions in charge of legal affairs of the customs (hereinafter referred to as the customs administrative reconsideration institutions) to handle administrative reconsideration matters according to law, equip, enrich and adjust full-time administrative reconsideration personnel in accordance with relevant regulations, provide financial guarantee for the administrative reconsideration work, and ensure that the handling capacity of the customs administrative reconsideration institutions is compatible with the work tasks. Article 4 The customs administrative reconsideration institution shall perform the following duties:

(1) Accepting applications for administrative reconsideration;

(two) to investigate and collect evidence from relevant organizations and personnel, consult documents and materials, and organize administrative reconsideration hearings;

(three) to examine whether the specific administrative act of applying for administrative reconsideration is legal and appropriate, to formulate the administrative reconsideration decision, to preside over the mediation of administrative reconsideration, and to examine and permit the settlement of administrative reconsideration;

(4) Handling customs administrative compensation matters;

(five) in accordance with the provisions of Article 33 of the Administrative Reconsideration Law, to handle the enforcement matters of the customs administrative reconsideration decision according to law or apply to the people's court for enforcement;

(six) to handle or forward the application for examination of the relevant provisions submitted by the applicant in accordance with Article 31 of these Measures;

(seven) to guide and supervise the administrative reconsideration work of the customs at lower levels, and put forward reconsideration opinions in accordance with the provisions;

(eight) in accordance with the provisions of the authority and procedures, the lower customs and its departments and staff in violation of the administrative reconsideration law, the administrative reconsideration law implementation regulations and the provisions of these measures;

(9) Handling or organizing administrative proceedings against specific administrative acts of the Customs;

(ten) to handle the statistics and filing of administrative reconsideration, administrative litigation and administrative compensation cases;

(eleven) to study the problems found in the process of administrative reconsideration, put forward suggestions to the relevant organs and departments in a timely manner, and report major problems to the administrative reconsideration organ in a timely manner;

(twelve) other matters related to the administrative reconsideration work. Article 5 Personnel engaged in customs administrative reconsideration (hereinafter referred to as administrative reconsideration personnel) shall meet the following conditions:

(1) Having the status of a national civil servant;

(2) Having good political and professional qualities;

(three) graduated from a law major in an institution of higher learning or graduated from a non-law major in an institution of higher learning with legal professional knowledge;

(four) engaged in customs work for more than 2 years;

(5) Having passed the examination and obtained the investigation certificate issued by the General Administration of Customs.

Customs administrative reconsideration organs at all levels shall support and encourage administrative reconsideration personnel to take the national judicial examination; Customs officers who have obtained lawyer qualification or legal professional qualification may give priority to administrative reconsideration personnel. Article 6 Administrative reconsideration personnel shall enjoy the following rights:

(a) the act of performing the duties of administrative reconsideration according to law is protected by law;

Obtaining the working conditions that should be possessed to perform duties;

(three) to make suggestions on the administrative reconsideration work;

4 participate in training;

(5) Other rights stipulated by laws, administrative regulations and customs rules.

The administrative reconsideration personnel shall perform the following obligations:

(1) Strictly abide by the Constitution and laws;

(two) based on facts and taking the law as the criterion to hear administrative reconsideration cases;

(three) loyal to their duties, conscientious, honest and fair law enforcement;

Protect the legitimate rights and interests of participants in administrative reconsideration according to law;

(5) Keeping state secrets, commercial secrets, customs work secrets and personal privacy;

(six) to safeguard the interests of the state and society, and to safeguard the legitimate rights and interests of citizens, legal persons or other organizations;

(seven) other obligations stipulated by laws, administrative regulations and customs rules. Article 7 When performing the duties of administrative reconsideration, the customs administrative reconsideration organ shall follow the principles of legality, fairness, openness, timeliness and convenience for the people, adhere to administration according to law, correct any mistakes, and ensure the correct implementation of laws, administrative regulations and customs rules. Article 8 The customs administrative reconsideration organ shall publish the scope of acceptance, acceptance conditions, application format for administrative reconsideration, trial procedures of administrative reconsideration cases and execution procedures of administrative reconsideration decisions under its jurisdiction through bulletin boards, bulletin boards, customs portals and other forms for easy reference.

The customs administrative reconsideration organ shall establish and publish an inquiry mechanism for handling administrative reconsideration cases, so that the applicant and the third party can know the information related to their administrative reconsideration rights and obligations in time.

The customs administrative reconsideration institution shall explain the administrative reconsideration matters such as the acceptance conditions, trial methods and time limit, reasons and basis for making the administrative reconsideration decision and the implementation of the administrative reconsideration decision put forward by the applicant and the third party.