The Administrative Review Law of China (Second Review Version of the Revised Draft) Incorporates Four Suggestions from the Legal Working Committee of CBCGDF

In order to prevent and correct illegal or improper administrative acts, protect the legitimate rights and interests of citizens, legal persons and other organizations, supervise and ensure the lawful exercise of powers by administrative institutions, play the key role of administrative review in resolving administrative disputes, and promote the building of a law-based government, the Third Meeting of the Standing Committee of the 14th National People's Congress deliberated and released the Administrative Review Law of the People’s Republic of China (Second Review Version of the Revised Draft) to the public on June 28, 2023.

The Legal Working Committee of the China Biodiversity Conservation and Green Development Foundation (CBCGDF) attaches great importance to this. As early as October 31, 2022, when the "Administrative Review Law (Revised Draft)" publicly solicited for opinions, we held a special meeting to study and discuss the law, and summarized and submitted suggestions for revision to the National People's Congress.

After comparing with the newly published "Second Review Version", four suggestions submitted by us have been adopted.

  1. For administrative review applicants who meet the conditions stipulated in the Legal Aid Law, legal aid institutions shall provide legal aid to them in accordance with their application.
  2. The “in principle” should be removed from the original text, which used to reads “Administrative review institutions shall apply general procedures to hear administrative review cases. In principle, they shall listen to the opinions of the parties in person or through the internet, telephone, and other means, and record the opinions heard in the record.” It is necessary to avoid situations outside of principles.
  3. If the people in charge of the respondent is unable to present at the hearing, they must submit written reasons.
  4. It is necessary to enable social organizations to participate the Administrative Review Expert Committee that provides advisory opinions for handling administrative review cases, and add provisions to clarify the rights and obligations of the Administrative Review Expert Committee, in order to ensure the supervision and management of the review process.

Original Link: https://mp.weixin.qq.com/s/5N6PDzUDxbzhztBCJBjHzw

Editor: Richard

Checked by Irene

Contact: v10@cbcgdf.org; +8617319454776

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