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:
(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;
(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:
(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;
(3) arbitration or conciliation or disposition of civil disputes, with the exception however, of the decision of an administrative bodies dealing with ownership over or the right to use land, mineral, forest and other resources;
(四)对国防、外交等国家行为不服的。
(4) acts of the state in areas such as national defense and foreign affairs.
第十一条 对县级以上的地方各级人民政府工作部门的具体行政行为不服申请的复议,由上一级主管部门管辖。但有下列情形之一的,由本级人民政府管辖:
Article 11.
If a specific administrative act has been undertaken by the working department of a local people's government at or above the county level and an application is filed for reconsideration, the case shall be under the jurisdiction of the people's government at the same level or the competent department at a higher level.
(一)上一级没有相应主管部门的;
Where laws or regulations require that it be placed under the jurisdiction of the people's government at the same level, those laws or regulations shall be followed;
(二)法律、法规规定由人民政府管辖的。
where laws require that it be placed under the jurisdiction of the competent department at a higher level, those laws shall be followed.
对国务院各部门的具体行政行为不服申请的复议,由作出具体行政行为的部门管辖。
If an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by any of the departments under the State Council, the case shall be under the jurisdiction of the department which has undertaken the said specific administrative act.
第十二条 对地方各级人民政府的具体行政行为不服申请的复议,由上一级人民政府管辖。
Article 12.
If an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by any of the local people's governments at various levels, the case shall be under the jurisdiction of the people's government at a higher level.
对省、自治区、直辖市人民政府的具体行政行为不服申请的复议,由作出具体行政行为的省、自治区、直辖市人民政府管辖。
If an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken by the people's government of a province, an autonomous region or a municipality directly under the central government, the case shall be under the jurisdiction of the people's government which has undertaken the aforesaid specific administrative act.
第十三条 对两个或者两个以上行政机关以共同的名义作出的具体行政行为不服申请的复议,由它们的共同上一级行政机关管辖。
Article 13.
If an application for reconsideration is filed by a person who does not accept a specific administrative act undertaken jointly by two or more administrative bodies, the case shall be under the jurisdiction of an administrative body at the next higher level over the aforesaid two or more administrative bodies.