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    Provisions On Hearing Procedures For Labor Administrative Penalties

    2007/12/24 10:38:00 41672

    Article 1 in order to standardize the hearing procedures for labor administrative penalties, these Provisions are formulated in accordance with the administrative punishment law of the People's Republic of China.



    The second provision is applicable to the administrative departments at or above the county level and those who apply for hearing in accordance with the law.



    The Legal Work Department of the labor administrative department at or above the county level or the institution that undertakes the work of the legal system is responsible for the hearing work of this department.


    The working body of the labor administrative departments and the labor administrative law enforcement agencies should be guided by the principle of separation between hearing and case investigation and evidence collection duties.



    The third labor administrative departments should inform the parties that they have the right to hear the hearing before making a decision to stop production, shut down the business, revoke the license and impose a larger amount of fines. If the parties request the hearing, the labor administrative department shall organize a hearing.

    The parties do not undertake the cost of organizing the hearing.



    According to the provisions of the State Council, the scope of hearing for a fine of a larger amount shall be determined by the Standing Committee of the people's Congress of the province, autonomous region or municipality directly under the central government or the people's government.



    The fourth hearing is attended by third persons, namely, the hearing director, the hearing clerk, the case investigation and evidence collecting personnel, the parties and their entrusted agents, and those directly involved in the handling of the case.



    The fifth labor administrative departments shall appoint a hearing director and a hearing recorder from the following personnel of the Department:



    (1) civil servants in the work of the legal system;


    (two) civil servants who have no legal institutions and undertake other legal institutions;


    (three) the legal institutions and administrative law enforcement agencies are the same bodies, other civil servants who are not involved in the investigation of the case.



    The sixth hearing moderator has the following rights:



    (1) deciding on the time and place for holding the hearing;


    (two) inquiring and asking questions about the facts of the case or the relevant laws;


    (three) maintain order of hearing and warn or criticize personnel who violate the order of hearing.


    (four) suspend or terminate the hearing;


    (five) put forward written proposals for the handling of hearing cases to the person in charge of the labor administrative department.



    The seventh hearing hosts assume the following obligations:



    (1) the relevant notifications and related materials will be delivered to the litigants and other relevant personnel in accordance with the law.


    (two) to make an independent, objective and impartial judgement and write a written report in accordance with the evidence recognized by the hearing;


    (three) maintain state secrets, trade secrets and personal privacy related to cases.


    The hearing clerk shall be responsible for making the record of hearing and bear the obligation of subparagraph (three) of the preceding paragraph.



    The parties to the eighth hearing cases shall enjoy the following rights according to law:



    (1) the right to apply for withdrawal.

    In accordance with law, apply for a hearing host and a hearing clerk to avoid.


    (two) principal-agent rights.

    The parties may participate in the hearing in person or entrust one or two persons to participate in the hearing.


    (three) the right of cross examination.

    Questioning the investigators and their witnesses on the evidence in this case;


    (four) the right to plead.

    Defend the facts and legal issues of the case.


    (five) the right to final statement.

    Before the hearing is concluded, it is entitled to make a final statement on the facts, laws and handling of the case.



    The ninth hearing cases shall bear the following obligations in accordance with the law:



    (1) attend the hearing on time.


    (two) truthfully answer the questions of the hearing host;


    (three) comply with the order of hearing.



    The tenth third persons who are directly interested in the outcome of the case shall enjoy the same rights as the parties and bear the same obligations.



    The eleventh labor administrative departments inform the parties that they have the right to ask for a hearing. They can be informed in written form or in oral form.

    In oral form, a written record shall be made and signed by the parties concerned.

    While telling the parties that they have the right to request a hearing, they must inform the parties that the time limit for hearing is to be submitted within three days after the notification is given.



    If a party requests a hearing, it shall be submitted in written or oral form within three days after receiving the notification from the labor administrative department.

    In the oral form, the labor administrative department shall make notes and sign by the parties concerned.

    Those who fail to make the decision are regarded as giving up the right of hearing.



    After receiving the application for hearing from twelfth parties, the hearing organ of the labor administrative department shall immediately determine the hearing director and the hearing clerk.

    The hearing director will deliver the hearing notice seven days before the hearing is held.

    The notice of hearing should include the name of the hearing director and the hearing clerk, the time of hearing, the place of hearing, the facts of illegal identification, evidence and administrative penalty suggestions.



    After receiving the application for hearing from the parties concerned, the relevant organizations or personnel of the labor administrative department shall immediately notify the Department responsible for hearing the hearing.


    In addition to involving state secrets, business secrets or personal privacy, hearings should be carried out in public.

    For public hearings, the labor administrative department may announce the hearing reasons, hearing time and place in advance.



    The thirteenth hearing moderator shall be self evading one of the following circumstances, and the party shall have the right to apply for withdrawal:



    (1) persons involved in the investigation and evidence collection in this case;


    (two) the close relatives of the parties concerned or those who have other interests with the parties concerned;


    (three) persons who are interested in the outcome of the case and may affect the fairness of the hearing.


    The avoidance of hearing clerk applies the provisions of the preceding paragraph.


    The evasion of the hearing director and the hearing clerk shall be decided by the person in charge of the labor administrative department.



    The fourteenth hearing shall be conducted in accordance with the following procedures:



    (1) the hearing announces the hearing from the hearing director, announces the hearing discipline, and tells the parties' rights and obligations in the hearing.


    (two) the facts, evidence, applicable laws, regulations and rules, as well as the reasons for the decision of administrative penalty, announced by the investigating and evidence collecting personnel of the case.


    (three) the hearing moderator asks the parties, the investigation and evidence collecting personnel, witnesses and other relevant personnel, and requests to produce relevant evidence materials.


    (four) the parties or their agents shall reply to the facts and laws, and cross examine the evidence.


    (five) the parties concerned or their agents and the investigation and evidence collecting personnel of this case debate on the facts and legal issues related to the case.


    (six) after the debate, the parties make final statements.


    (seven) the hearing host announces that the hearing will be concluded.



    The fifteenth hearing shall be recorded.

    The pcript is made by the hearing clerk.

    After the hearing is concluded, the hearing record shall be handed over to the parties immediately after verification.



    Sixteenth all the evidence related to the main facts of the case must be shown in the hearing, and the evidence is identified through the qualitative evidence and the debate.

    The labor administrative department shall not take evidence that has not been heard as the basis for administrative punishment.



    After hearing the conclusion of the seventeenth hearing, the presiding hearer shall, in accordance with the facts and evidences established by the hearing, and in accordance with the laws, regulations and rules, submit written proposals for the handling of hearing cases to the person in charge of the labor administrative department.

    The labor administrative department shall make a decision in accordance with the provisions of the thirty-eighth provision of the administrative punishment law of the People's Republic of China.



    The eighteenth Provisions come into effect on October 1, 1996.

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