Measures on the Administrative Reconsideration of Radio，Film and Television

(Promulgated on May 9，2001 by the State Administration of Radio，Film and Television as Decree No.5 and effective as of the date of promulgation)

Article 1　Thesemeasures are enacted in accordance with the Administrative Reconsideration Law of the People's Republic of China(hereinafter referred to as the Administrative Reconsideration Law)，taking into account the realities of this sector and in order to prevent and rectify any particular unlawful or improper administrative action in respect of radio，film and television; to protect the legitimate rights and interests of citizens，legal persons and other organizations;and to guarantee and supervise compliance with the law by the administrative departments for radio，film and television in the exercise of their authority.

Article 2　The Administrative Reconsideration Law and these measures shall apply where a citizen，legal person or other organization believes that its legal rights have been violated by a particular administrative action relating to radio，film or television and therefore requests administrative reconsideration from the next-higher administrative department or agency of radio，film and television(hereinafter referred to as an Administrative Body);and where an Administrative Body accepts a request for administrative reconsideration and subsequently produces an administrative reconsideration decision.

Article 3　The Administrative Bodies responsible for carrying out administrative reconsideration in accordance with these measures are the administrative reconsideration departments for radio，film and television.The Administrative Bodies at or above the municipal level shall clearly specify the departments and personnel responsible for administrative reconsideration.

Article 4　The department responsible for legal affairs under each of the administrative reconsideration bodies for radio，film and television shall undertake specific matters relating to administrative reconsideration，and shall perform the following duties:

(1)accept administrative reconsideration applications;

(2)examine and compile evidence from the organizations and personnel concerned，and review the corresponding documents and materials;

(3)investigate whether the particular administrative action about which an application for administrative reconsideration has been made was lawful and appropriate，and formulate administrative reconsideration rulings;

(4)handle or forward applications for a review of the relevant normative documents;

(5)where the respondent's actions violate the provisions of the Administrative Reconsideration Law and these provisions state thatmeasures are to be taken in accordance with the stipulated authority and procedures;

(6)respond to administrative lawsuits which arise out of dissatisfaction with administrative reconsideration decisions;and

(7)any other duties prescribed by laws and regulations.

Article 5　The State Administration of Radio，Film and Television shall be responsible for directing the administrative reconsideration work of the radio，film and television sector nationwide.

The higher-level Administrative Bodies shall inspect，supervise and guide the administrative reconsideration work of the lower-level Administrative Bodies.The lower-level Administrative Bodies shall annually report to the higher-level Administrative Bodies with regard to the status of the administrative reconsideration cases they have accepted.

Article 6　When carrying out administrative reconsideration，the administrative reconsideration bodies shall observe the principles of legality，justice，transparency，promptness and convenience to the people，insist on the correction of every error and shall ensure the correct implementation of laws and regulations.

Article 7　The administrative reconsideration bodies shall accept administrative reconsideration applications concerning the following particular administrative actions:

(1)dissatisfaction with administrative penalty rulings by an Administrative Body，such as the imposition ofwarnings and fines，the confiscation of unlawful earnings，the confiscation of unlawful possessions such as specialist tools，equipment and program media for conducting unlawful activities，orders to cease production or business operations，and the suspension or revocation of a permit or license;

(2)dissatisfaction with any ruling from an Administrative Body for an administrative enforcementmeasure;

(3)dissatisfaction with any administrative ruling from an Administrative Body on the modification，termination or revocation of documents such as permits，licenses or qualification certificates;

(4)the belief that，where the legal conditions have been satisfied，an Administrative Body has failed to comply with the law in its handling ofmatters pertaining to applications for the issuance of documents such as permits，licenses or qualification certificates by an Administrative Body，or to applications for examination and approval or registration;

(5)the belief that an Administrative Body has infringed upon the legitimate right to freedom of operations，or hasmade an unlawful demand for the applicant to perform duties;and

(6)the belief that any other particular administrative action by an Administrative Body has infringed upon the applicant's legitimate rights and interests.

Article 8　Where any citizen，legal person or other organization believes that the normative document on which a particular administrative action by an Administrative Body is based upon does not comply with the law，it may，when making an application for administrative reconsideration about a particular administrative action，also apply for the document to be reviewed.Applications for a review of normative documentsmay not include rules promulgated by the State Administration of Radio，Film and Television or of local people's governments.

Article 9　Where any citizen，legal person or other organization applies for administrative reconsideration believing that a particular administrative action has infringed upon its legitimate rights and interests，the application shall be made within 60 days of the date on which the applicant knew of such administrative action.

Where the legally stipulated application deadline is unable to bemet as a result of force majeure or another legitimate reason，the time limit shall be suspended，and shall continue to be calculated from the day on which the obstacle has been eliminated.After the elimination of the obstacle，the applicant shall provide relevant evidence of the same.

Article 10　An“applicant”is any citizen，legal person or other organization that applies for administrative reconsideration，believing that a particular administrative action has infringed upon its legitimate rights and interests.

Any citizen，legal person or other organization having a direct interest in the particular administrative action about which an application for administrative reconsideration has been mademay participate in the administrative reconsideration as a third party.

A“respondent”is the Administrative Body in respect to whose administrative action where the applicant is not satisfied and has applied for administrative reconsideration.

Applicants and third partiesmay authorize one or two representatives to take part in the administrative reconsideration.The representatives must submit a power of attorney to the reconsideration department，specifying the terms of，and limits to，their authority.

Article 11　An applicant should normally apply for administrative reconsideration in writing unless there are actual difficulties in doing so，in which case the application may be made orally.

A written administrative reconsideration application should include the applicant's basic personal details，the name and address of the respondent，the request for administrative reconsideration，the main facts，and the grounds for and time of the administrative reconsideration application.The written application must be signed or sealed by the applicant.

Where an applicant makes an oral application for administrative reconsideration，the reconsideration body should record the aforesaid information on the spot and have it signed or sealed by the applicant.

Article 12　Where the particular administrative action with which an applicant is dissatisfied was carried out by an Administrative Body at the county level or above，the applicantmay apply for administrative reconsideration to the Administrative Body at the nexthigher level or to the people's government at the same level.

Where an applicant is dissatisfied with a particular administrative action carried out jointly by an Administrative Body and another administrative authority at the same level，the applicant shall apply for administrative reconsideration to the common administrative authority for both such administrative bodies at the next-higher level.

Where an applicant is dissatisfied with a particular administrative action of the State Administration of Radio，Film and Television，it must apply to the State Administration of Radio，Film and Television for administrative reconsideration.

Article 13　The administrative reconsideration bodies must，in accordance with the acceptance procedures stipulated in the Administrative Reconsideration Law，accept any administrative reconsideration application that complies with the provisions of the Administrative Reconsideration Law and these measures.Where an Administrative Body refuses to accept an application without reasonable grounds，the Administrative Body at the next-higher level shall order it to accept the application.Where necessary，the higher-level Administrative Bodymay directly accept the same.

After the complaints department or other department of an Administrative Body has received an application for administrative reconsideration，it shall promptly pass it to the departmentwithin that body which is responsible for administrative reconsideration.

Article 14　An administrative reconsideration body must examine administrative reconsideration applicationswithin fiveworking days after receipt.Where an application is not accepted in any of the following circumstances，the applicantwill be notified thereof in writing in the form of a“Refusal of Acceptance Ruling”:

(1)it is outside the legal scope of administrative reconsideration;

(2)the legal time limit for an application for administrative reconsideration has passed，and the circumstances stipulated in the second paragraph of Article 9 of these measures do not apply;

(3)an administrative lawsuit has already been brought before a people's court and has been accepted;or

(4)the application otherwise fails to comply with the provisions of the Administrative Reconsideration Law.

Where an application complieswith the provisions of the Administrative Reconsideration Law but does not fall under the jurisdiction of the Administrative Body to which it was submitted，the applicant shall be notified to apply to the appropriate administrative reconsideration body.

Article 15　Except as provided in Article 14，an administrative reconsideration application shall be deemed to have been accepted on the date it is received by the department of the administrative reconsideration body responsible for the corresponding administrative reconsideration work.Once an application has been accepted，the applicantand respondent shall be promptly notified.

Where an application is delivered directly bymail or forwarded from another department or subordinate department of the administrative reconsideration body，the date on which the administrative reconsideration department receives the administrative reconsideration application will be determined by the department's document receipt seal.Where an application is submitted by the applicant in person，an office of the Administrative Body will clearly indicate the date of receipt on the written application in addition to having the individual delivering it sign for confirmation.

Article 16　The implementation of a particular administrative action shall not be suspended during administrative reconsideration.However，where any of the circumstances stipulated in Article 21 of the Administrative Reconsideration Law arises，performance can be suspended.Where a ruling ismade to suspend performance，a Notice of Suspension shall be served on the respondent.

Article 17　The administrative reconsideration bodies shall carry out their examination of lawfully accepted administrative reconsideration applications in accordance with the provisions of the Administrative Reconsideration Law.Prior to an examination，the reconsideration department shall carry out the following preparatory work:

(1)determine the administrative reconsideration personnel;

(2)identify the parties to the administrative reconsideration;and

(3)serve the stipulated legal administrative reconsideration documents.

Where it deems it necessary to do so，the reconsideration department may，when examining any administrative reconsideration case，request the participation of personnel from the relevant departments of that body.

Article 18　In principle，administrative reconsideration examinations shall be conducted in writing.However，under any of the following circumstances，the reconsideration departmentmay investigate the relevant organizations and personnel，and collect the opinions of the applicant，respondent and third party to the application:

(1)the applicant has so requested;

(2)themain facts of a case are unclear;

(3)the circumstances of the case are serious，complicated or difficult;or

(4)the reconsideration department considers it necessary.

When a reconsideration department investigates the situation and collects opinions，no fewer than two reconsideration personnel shall be involved，and they shall produce Administrative Reconsideration Investigation Notes to be signed or sealed by the persons under investigation and the investigators.

Article 19　The department of the administrative reconsideration body responsible for reconsideration work shall send a copy of the written administrative reconsideration application or a photocopy of the records of the administrative reconsideration application to the respondentwithin seven working days after accepting an application.The respondent shall provide a written response and shall submit evidence，the grounds for，and other relevant material relating to its original decision on the particular administrative action within 10 working days of receiving said copy or photocopy.

Article 20　The Respondent's Administrative Reconsideration Reply submitted by the respondent shall clearly contain the following items:

(1)the name and address of the respondent，and the name and position of its legal representative;

(2)the facts，evidence，grounds and basis for carrying out the particular administrative action，with each statement of fact clearly indicating the corresponding evidence and source;

(3)a defense against the applicant's request for reconsideration and against the facts of and grounds for the administrative reconsideration application，together with appropriate supporting evidence;and

(4)the year，month and date on which the written response was produced，and the seal of the respondent.

Article 21　An applicant or third party may review the written response and the evidence，basis and other relevantmaterials for a particular administrative action provided by the respondent.Except where state secrets，trade secrets or personal private matters are involved，an administrative reconsideration bodymay not refuse such a request for review.The review of the relevantmaterials shall comply with the following provisions:

(1)an application shall be made to the reconsideration department，and the relevant identification documents provided;

(2)personnel from the reconsideration department shall be present during the review; and

(3)no materials being reviewed may be modified，damaged，replaced，supplemented or taken away.

Article 22　The administrative reconsideration body shall produce a ruling on an administrative reconsideration within 60 days of accepting an application.Where the circumstances are complicated and the ruling on the administrative reconsideration cannot be produced within the stipulated period，the period may be extended，as appropriate，with the approval of the person in charge of the reconsideration body，and the applicant and the respondent shall be informed.However，such an extension shall not exceed 30 days.

Article 23　The administrative reconsideration body shall carry out a comprehensive examination of the lawfulness and propriety of a particular administrative action carried outby the respondent，and shall produce a reconsideration ruling in accordance with Article 28 of the Administrative Reconsideration Law.An Administrative Reconsideration Ruling shall contain the following:

(1)the name，sex，age，occupation and residential address of the applicant(the name and address of a legal person or other organization，and the name and position of its legal representative);where a third party is involved，the aforesaid information regarding the third party shall clearly be specified;

(2)the name and address of the respondent，and the name and position of its legal representative;

(3)the request and grounds for the applicant's application for administrative reconsideration;

(4)the response of the respondent;

(5)the facts，evidence，grounds and basis acknowledged by the reconsideration body;

(6)the conclusions of the reconsideration body;

(7)the period for bringing a lawsuit before a people's court if the respondent is dissatisfied with the conclusions of the reconsideration;and

(8)the date on which the decision for administrative reconsideration was produced，and the seal of the reconsideration body.

An“Administrative Reconsideration Ruling”is legally effective when rendered.

Article 24　The respondent and applicant shall implement the administrative reconsideration ruling.

Where the respondent fails to perform an administrative reconsideration ruling，or delays its performance without a good reason，the administrative reconsideration body or a relevant higher-level Administrative Body shall order its performance within a specified period.

If an applicant has neither brought a lawsuit nor complied with an administrative reconsideration ruling within the specified period，then in accordance with the provisions of Article 33 of the Administrative Reconsideration Law，an“Enforcement Application”shall be used when applying to the people's court for enforcement.

Article 25　Once the examination of an administrative reconsideration relating to radio，film or television has been completed and a ruling produced，the reconsideration department shall carefully organize，label，number and file all of the relevant legal documents and materials relating to the case in a timelymanner.The administrative reconsideration body shall，within 30 days of the conclusion of an administrative reconsideration case，file a report about itwith the Administrative Bodies at the next higher-level.

Article 26　The administrative reconsideration bodiesmay not collect any fees from applicants for accepting administrative reconsideration applications.The necessary expenses incurred during administrative reconsideration shall be entered as administrative expenses of that body，and guaranteed in accordance with the law.

Administrative reconsideration personnelmust be proficient in both legal and radio，film and television matters.The Administrative Bodies shall guarantee the funding and working conditions for the conduct of administrative reconsiderations，and shallmaintain the relative stability of the personnel undertaking administrative reconsiderations.

Article 27　Legal documents for radio，film and television administrative reconsideration shall be produced in the standard form designed by the State Administration of Radio，Film and Television.

Article 28　All matters not mentioned in these measures shall be dealt with in accordance with the provisions of the Administrative Reconsideration Law.

Article 29　Thesemeasures shall take effect as of the date of their promulgation，and the Rules for Administrative Reconsideration for Radio，Film，and Television Decree No.6 of the Ministry of Radio，Film and Television and the Measures on the Usage and Managementof Legal Instruments for Administrative Reconsideration of Radio，Film and Television Procedures as Document No.［1993］268 shall be simultaneously repealed.