全文公布，征求社会各方意见。 In order to improve the level of law enforcement by the judicial administrative organs in our city, further standardize administrative law enforcement activities, and strengthen the restriction and supervision of administrative power, the full text of the "Nanning Judicial Bureau Hearing System for Major Administrative Law Enforcement Cases (Draft for Solicitation of Comments)" is now published, asking all parties opinion. Relevant units and people from all walks of life should submit their suggestions in the following ways before November 10, 2017:
firstname.lastname@example.org 。 I. Send comments by email to: email@example.com .
2. Send your opinions by letter to: Legal Affairs Section of Nanning Judicial Bureau, No. 108 Mingxiu West Road, Xixiangtang District , Nanning, and please indicate on the envelope "The Hearing System for Major Administrative Law Enforcement Cases of Nanning Judicial Bureau" ( Public Comment Draft) ", Postcode: 530028.
Nanning Justice Bureau
October 25, 2017
Hearing system for major administrative law enforcement cases of the Judicial Bureau of Nanning
(Draft for public comment)
为严格依法行政，规范南宁市司法局行政处罚、行政许可听证程序，充分听取当事人的陈述和申辩，维护当事人合法权益，根据《 中华人民共和国 行政处罚法》、《 中华人民共和国 行政许可法》、《司法行政机关行政处罚听证程序规定》和《广西壮族自治区行政执法程序规定》等相关规定，制定本制度。 The first is to strictly comply with the law, standardize the administrative punishment and administrative license hearing procedures of the Nanning Judicial Bureau, fully listen to the parties' statements and defenses, and protect the lawful rights and interests of the parties. According to the " People's Republic of China Administrative Penalty Law" and " Administrative License of the People's Republic of China " Law, the “Procedures for the Administrative Punishment Hearing Procedures of the Judicial Administrative Organs” and the “Provisions for the Administrative Law Enforcement Procedures of the Guangxi Zhuang Autonomous Region” and other relevant provisions have formulated this system.
作出较大数额罚款、没收违法所得、责令停业或停业整顿等行政处罚决定之前，应当依法告知当事人有要求举行听证的权利，当事人要求听证的，应当组织听证。 Article 2 Before making administrative penalty decisions such as a large amount of fines, confiscation of illegal gains, or ordering to suspend or suspend business for rectification, the parties shall be informed of the right to a hearing in accordance with the law. If the parties require a hearing, they shall organize a hearing.
Laws, regulations, and regulations stipulating matters that should be heard for the implementation of administrative licenses, or other major administrative licensing matters that involve public interest that the Bureau deems necessary to be heard, shall be announced to the public and a hearing shall be held.
本局行政处罚、行政许可听证由本局法制科（以下简称法制科）主持。 Article 3 The administrative penalties and administrative license hearings of this Bureau shall be presided over by this Bureau's Legal System Section (hereinafter referred to as the Legal System Section). Hearing moderators and hearing clerks are civil servants of the Legal Affairs Section. The hearing shall not charge the parties any hearing fees.
Case investigators shall not act as moderators of the hearing.
申请听证的期限： Article 4 Deadline for applying for a hearing:
(1) In the case of an administrative license hearing, the applicant and the interested party shall submit within 5 days from the date of being informed of the right to a hearing , and the Legal Affairs Division shall organize the hearing within 20 days.
(2) If the hearing is an administrative penalty, the party concerned shall submit it within 3 days after being informed of the right to a hearing .
当事人要求听证的，须向案件承办科室书面提交申请，案件承办科室在接到申请后 3日内告知并一并移送相关案件材料给法制科，法制科应当自收到听证申请材料起10日内组织听证，并应当于举行听证7日前将听证时间、地点通知申请人、利害关系人，必要时予以公告。 Article 5 If the parties require a hearing, they must submit an application in writing to the case office. The case office shall notify and transfer the relevant case materials to the legal department within 3 days after receiving the application. Hearings shall be organized within days, and the time and place of the hearing shall be notified to the applicant and interested parties 7 days before the hearing is held, and an announcement shall be made if necessary.
当事人超过 3日提出听证要求的，本局可以根据情况决定是否组织听证。 Article 6 If a party requests a hearing more than 3 days ago, this Office may decide whether to organize a hearing according to the situation.
If the party concerned does not attend the hearing after having applied for a hearing, this Office may announce the termination of the hearing.
After the parties apply for a hearing, if there are valid reasons to apply for an extension, this Office may extend the hearing.
听证主持人在听证活动中依法行使下列职权： Article 7 The chairperson of the hearing exercises the following functions and powers according to law in the hearing activities:
(1) Deciding when, where and how to hold the hearing;
(2) Deciding to postpone, suspend or terminate the hearing;
(3) questioning the participants of the hearing;
(4) receiving and examining relevant evidence;
(5) Maintain the order of hearings, warn those who violate the order of hearings, and order those who have serious circumstances to leave;
(6) putting forward opinions on handling the case after hearing;
(7) Other powers conferred by judicial administrative regulations.
听证主持人在听证活动中依法承担下列义务： Article 8 The moderator of the hearing shall bear the following obligations in accordance with the law in the hearing activities:
(1) timely delivering the notice of hearing to the parties and other relevant personnel in accordance with the law;
(2) It shall perform the duties of presiding over the hearing in an open and fair manner, and ensure that the parties exercise their right of statement, defense and pledge;
(3) Conserving the state secrets, business secrets and personal privacy involved in the hearing case;
(4) No private law shall be allowed to protect or condone illegal acts.
The hearing recorder shall carefully and truthfully make the transcript of the hearing, and shall bear the obligation of item (3) of this article.
听证参加人是指案件调查人员、当事人、第三人、委托代理人、证人、鉴定人、勘验人、翻译人员。 Article 9 Hearing participants refer to case investigators, parties, third parties, authorized agents, witnesses, appraisers, inspectors, translators.
听证程序遵循公正、公开、高效原则。 Article 10 The hearing procedure follows the principles of fairness, openness and efficiency. Except for state secrets, business secrets, or personal privacy, the hearings should be conducted in public.
Where a hearing is held in public, the judicial administrative organ shall announce in advance the names or names of the parties, the case, the time and place of the hearing.
For cases involving state secrets, business secrets or personal privacy, the judicial administrative organ shall explain the reasons for the non-public hearing to the participants of the hearing.
申请人、利害关系人可以亲自参加听证，也可以委托一至二名代理人参加听证。 Article 11 The applicant and interested parties may attend the hearing in person, or may entrust one or two agents to participate in the hearing. Applicants and interested parties have the right to apply for withdrawal if they believe that the hearing chairperson, hearing officer, and clerk have a direct interest in the administrative license or the administrative penalty case. Whether the hearing officer or clerk evades is determined by the hearing moderator; whether the hearing moderator evades is determined by the main person in charge of this bureau.
举行听证，属于行政许可的，审查行政许可申请的工作人员应当提供审查意见的证据理由；属于行政处罚的，调查人员提出当事人违法的事实、证据，法律依据和行政处罚建议；当事人可以提出证据，并进行申辩和质证。 Article 12 If the hearing is an administrative license, the staff reviewing the application for administrative license shall provide the evidence reason for the review opinion; if it is an administrative penalty, the investigator shall raise the facts, evidence, legal basis and administrative penalty suggestions of the party's violation of the law; Evidence can be presented, and defenses and cross-examinations can be conducted.
十三 条 听证开始前，听证记录员应当查明听证参加人是否到场，并宣布以下听证纪律： Article 13 Before the hearing begins, the hearing recorder shall find out whether the participants of the hearing are present and announce the following hearing discipline:
(1) not to speak or ask questions without the permission of the hearing moderator;
(2) No recording, video recording or photography is allowed without the permission of the hearing moderator;
(3) Participants in the hearing may not leave the venue without the permission of the hearing host;
(4) Observers shall not make loud noises, applaud, clamor, or conduct other activities that hinder the order of the hearing.
十四 条 听证主持人核对听证参加人，宣布听证主持人、听证记录员名单，告知听证参加人在听证中的权利义务，询问当事人是否申请回避。 Article 14 The chairperson of the hearing verifies the participants of the hearing, announces the list of the chairperson of the hearing and the recorder of the hearing, informs the participants of the hearing about their rights and obligations in the hearing, and asks whether the party applies for withdrawal.
If the parties apply for withdrawal, the hearing moderator shall announce the suspension of the hearing, and shall be handled in accordance with Article 9 of these regulations.
十五 条 听证应当按照下列程序进行： Article 15 The hearing shall be conducted in accordance with the following procedures:
(1) The moderator of the hearing announces the commencement of the hearing and announces the case;
(2) The investigators of the case put forward suggestions on the facts, evidence and administrative penalties of the parties in violation of the law;
(3) The parties and their entrusted agents defend and cross-examine the illegal facts, evidence, and suggestions for administrative punishment proposed by the investigating personnel, and may produce evidence materials that have no illegal facts, that the illegal facts are minor, or that the administrative penalty is reduced or exempted;
(4) The case investigator and the parties may, with the permission of the hearing moderator, question the relevant evidence, and may also question the witnesses, appraiser and inspector who are present;
(5) The parties make a final statement;
听证笔录交当事人审核无误后签字。 (6) The hearing transcript shall be signed by the parties after being examined and verified without error. The moderator of the hearing announced the end of the hearing.
十六 条 听证主持人根据下列情形，决定延期举行听证： Article 16 The moderator of the hearing shall decide to postpone the hearing based on the following circumstances:
(1) The parties cannot be present due to irresistible causes;
(2) The party concerned temporarily applies for withdrawal;
(3) Other circumstances that should be postponed.
十七 条 听证主持人根据下列情形，可以中止听证： Article 17 The hearing host may suspend the hearing in the following circumstances:
(1) Where new witnesses need to be notified or need to be re-identified or inspected;
(2) the parties are unable to continue to participate in the hearing due to irresistible circumstances;
(3) where the party dies or dissolves and needs to wait for the heirs of rights and obligations;
(4) Other circumstances in which the hearing should be suspended.
十八 条 延期、中止听证的情形消失后，由听证主持人决定恢复听证并将听证的时间、地点通知听证参加人。 Article 18 After the delay or suspension of the hearing disappears, the hearing host decides to resume the hearing and informs the participants of the hearing time and place.
十九 条 听证主持人根据下列情形，应当终止听证： Article 19 The hearing chairperson shall terminate the hearing in the following circumstances:
(1) The party withdraws the request for hearing;
(2) The parties do not attend the hearing without justified reasons, or leave the venue halfway without the permission of the hearing host;
(3) three months after the party's death or dissolution, the rights and obligations heirs have not been determined;
(4) The proposed administrative penalty decision is changed, and a hearing shall not be held according to law;
(5) Other circumstances in which the hearing should be terminated.
二十 条 听证记录员应当将听证的全部活动记入笔录，由听证主持人和听证记录员签名。 Article 20 The hearing recorder shall record all the activities of the hearing in the transcript, which shall be signed by the hearing moderator and the hearing recorder.
The hearing transcript shall be signed by the parties on the spot. If the parties refuse to sign, the moderator of the hearing shall clearly record the situation in the hearing transcript.
二十一 条 听证结束后，由 法制科 写出听证报告，连同听证笔录、案件材料一并上报 局主要负责人 审批。 Article 21 After the hearing is completed, the Legal Affairs Department will write a hearing report, together with the hearing transcript and case materials, submit it to the main person in charge of the bureau for approval.
The hearing report should include the following:
(1) the reason for the hearing;
(2) the names, names and other information of the hearing host and participants;
(3) the time, place and method of the hearing;
(4) the process of hearing;
(5) the facts of the case and the evidence of the determination;
(6) Opinions on the administrative penalty to be implemented and handling opinions.
听证结束后，属于行政许可听证的，应当依照《 中华人民共和国 行政许可法》的规定，并根据听证笔录，作出许可或不予许可决定；属于行政处罚听证的，应当依照《 中华人民共和国 行政处罚法》第三十八条规定作出决定。 Article 22 After the hearing is concluded, an administrative license hearing shall be made in accordance with the provisions of the "Administrative Permit Law of the People's Republic of China " and the decision of permit or disapproval shall be made in accordance with the transcript of the hearing; Article 38 of the Law of the People's Republic of China on Administrative Penalties provides for a decision.
本制度自印发之日起施行。 Article 23 This system shall be implemented as of the date of issuance.