Radio, Film and Television Administrative Redress Rules
State Administration for Radio, Film and Television Decree
The ” Radio, Film and Television Administrative Redress Rules” have been passed by the Administration Council, are hereby promulgated, and will take effect on the day of promulgation.
Director: Xu Guangchun
9 May 2001
Article 1: In order to prevent and correct unlawful or improper concrete administrative activities concerning radio, film and television, protect the lawful rights and interest of citizens, legal persons and other organizations, guarantee and supervise the exercise of powers according to the law by administrative radio, film and television entities, according to the “Administrative Redress Law of the People’s Republic of China” (hereafter simply named Administrative Redress Law, and integrated with the reality of this system, these Rules are formulated.
Article 2: Where citizens, legal persons or other organizations believe that concrete radio, film and administrative television activities infringe their lawful rights and interests, they may submit an application for administrative redress to the administrative radio, film and television entity or organ of one level higher (hereafter designated as administrative radio, film and television organ), the administrative radio, film and television organization accepts the application for administrative redress, formulates an administrative redress decision, applying the Administrative Redress Law and these Rules.
Article 3: The administrative radio, film and television organ with the responsibility to carry out administrative redress according to these Rules is the radio, film and television administrative redress organ. Administrative radio, film and television organs of city or county level or higher shall clearly and concretely appoint administrative redress matters organs and personnel.
Article 4: Administrative radio, film and television administrative redress organs are responsible for concrete handling of administrative redress matter by legal institution work organs, and carrying out the following duties:
(I) accepting and hearing administrative redress applications;
(II) investigating and collecting evidence concerning relevant organisations and personnel, consult relevant documents and materials;
(III) investigating whether or not concrete activities for which administrative redress is sought are lawful and proper, formulating administrative redress decisions;
(IV) handling or transmitting application for examination of relevant standardizing documents;
(V) formulating acting advice on activities violating the Administrative Redress Law and these Rules by the respondent, according to the limits of regulations and procedure;
(VI) conducting case defence matters for administrative action because of disagreement with administrative redress decision;
(VII) other duties provided by laws or regulations.
Article 5: The State Administration for Radio, Film and Television is responsible for guiding the administrative redress work of the radio, film and television system for the entire country.
Higher-level administrative radio, film and television entities engage in inspection, supervision and guidance towards the administrative redress work of lower-level administrative radio, film and television entities. Lower-level radio, film and television administrative redress organs shall each year timely report their situation concerning accepted administrative redress cases to the higher-level administrative radio, film and television entity.
Article 6: Radio, film and television administrative redress organs, when carrying out their administrative redress duties, shall abide by the principles of lawfulness, fairness, openness, timeliness and serving the people, support that wrongs must be righted, guarantee the correct implementation of laws and regulations.
Article 7: Radio, film and television administrative redress organs accept administrative redress applications of applicants not agreeing with the following concrete administrative radio, film and television activities:
(I) where there is disagreement with administrative punishment decisions issued by administrative radio, film and television entities, such as warnings, fines, confiscation of illegal gains, confiscation of illegal property such as tools, equipment and programme carriers etc. with the special purpose of committing unlawful activities, ordering cessation of production or business, temporary suspension or revoking of permits (licenses);
(II) where there is disagreement with administrative compulsory measures of administrative radio, film and television entities;
(III) where there is disagreement with decisions of change, termination or revoking of relevant credentials such as permits (licences), certificates, etc. of administrative compulsory measures of administrative radio, film and television entities;
(IV) where it is believed applications to administrative radio, film and television entities to issue credentials such as permits (licences), certificates, etc. or applications for examination and approval, and registry of relevant matters, conform to legal conditions, have not been handled according to law by administrative entities;
(V) where it is believed that administrative radio, film and television organs have infringed lawful business decision power, or unlawfully demanded one to carry out duties;
(VI) where it is believed other concrete activities by administrative radio, film and television entities have infringed one’s lawful rights and interests.
Article 8: Where citizens, legal persons or other organizations believe that the standardizing documents on which administrative radio, film and television entities base their concrete activities, are not lawful, when administrative redress is requested for these concrete activities, it is allowed to simultaneously put forward a request to examine that document. Applications for examination of standardizing documents do not include State Administration for Radio, Film and Television regulations and local People’s Government regulations.
Article 9: Where citizens, legal persons or other organizations believe concrete administrative activities infringe their lawful rights and interests and apply for administrative redress, they shall put forward an application within sixty days of knowing that concrete administrative activity.
Where the statutory application period is delayed because of acts of God or other legitimate reasons, the application period is calculated to continue from the day the obstruction is removed. After removal of the obstruction, the applicant must furnish relevant proof.
Article 10, Citizens, legal persons or other organizations, believing that concrete activities by administrative radio, film and television entities infringed their lawful rights and interests, and applying for administrative redress according to the law, are applicants.
Citizens, legal persons or other organizations having a damage or benefit relationship with concrete administrative activities for which administrative redress is sought, may participate in the redress as third parties.
Concerning concrete administrative activities by administrative radio, film and television entities with which the applicant disagrees and applies for administrative redress, the administrative radio, film and television entity that committed the concrete administrative activity is the respondent.
Applicants and third parties may entrust one to two proxies to participate in the administrative redress. Entrusted proxies must submit a letter of authorization and entrustment to the redress organ, clearly recording the entrusted matter and competences.
Article 11: Applicants applying for administrative redress, shall generally apply in writing, if there are true difficulties, they may also apply orally.
Where written applications are made, in the letter of application, the applicant’s basic situation, the respondent’s name and address, administrative redress request, the main facts, reasons and time of administrative redress shall clearly be stated. On the letter of application, the applicant’s signature or stamp shall be present.
Where oral applications are made, the redress entity shall record the above-mentioned situation on the spot, and it shall be signed or stamped by the applicant.
Article 12: Where there is disagreement with a concrete administrative activity by a county-level or higher administrative radio, film and television entity, the applicant may apply for administrative with the administrative radio, film and television entity of one level higher, and may also apply for administrative redress with the People’s Government administrative redress entity of the same level.
Where there is disagreement with a concrete administrative activity by administrative radio, film and television entity of another level with other administrative entities of the same level under the same name, application for administrative redress shall be made to the joint administrative entities of one level higher.
Where there is disagreement with a concrete administrative action of the State Administration for Radio, Film and Television, applications for administrative redress shall be made to the State Administration for Radio, Film and Television.
All applications for administrative redress conforming to the Administrative Redress Law and these Regulations, must be accepted buy the radio, film and television administrative redress organs according to the acceptance procedure of the Administrative Redress Law. Where administrative entities do not accept a case without a proper reason, the higher-level administrative radio, film and television entity shall order its acceptance; when the need arises, the higher-level administrative radio, film and television entity may also directly accept the case.
After the administrative radio, film and television entity petition or other organ receives the application for administrative redress, it shall timely hand it over to the organ of that work unit responsible for administrative redress work.
Article 14: After radio, film and television administrative redress organs receive the application for administrative redress, they shall engage in examination within five working days. Where one of the following circumstances is present, they will decide not to accept, and notify the applicant in the form of a “Decision of Non-Acceptance Letter”:
(I) not falling under the statutory administrative redress scope;
(II) exceeding the statutory period for application for administrative redress, and the circumstances provided in Articles nine through twelve of these Regulations are not present;
(III) where administrative action has already been started with the People’s Courts, and the People’s Courts have already accepted the case according to the law;
(IV) other circumstances not conforming to the provisions of the Administrative Redress Law.
Concerning applications for administrative redress conforming to the provisions of the Administrative Redress Law, but not falling under the administrative redress applications accepted by that work unit, the applicant shall be informed to apply with the relevant administrative redress entity.
Article 15: Except where Article 14 provides otherwise, applications for administrative redress will be accepted from the day the organ responsible for administrative redress work of an administrative redress entity receives it. As soon as an application for administrative redress is accepted, the applicant and the respondent will be timely notified.
The day of acceptance of the redress application by the redress organ, where it is received by mail or coming from other departments, organs or subordinated organs of the redress entity, is confirmed by the stamp of receipt of the redress organ; where it is received by personal delivery by the applicant, the date of receipt will be clearly marked on the letter of application by the receiving staff of the redress organ, and is signed for confirmation by the deliverer.
Article 16: Where on the date of administrative redress, the concrete administrative activity is further executed unstopped, but one of the circumstances provided by Article 21 of the Administrative Redress law is present, execution may be stopped. Where it is decided to stop the execution, a “Letter of Notification of Ceasing Execution” concerning the concrete administrative activity shall be delivered to the respondent.
Article 17: Radio, film and television administrative redress organs shall, concerning applications for administrative redress accepted according to the law, shall carry out examination according to the provisions of the Administrative Redress Law, and formulate a redress decision. Before the examination, the redress organ shall complete the following preparatory work:
(I) determine the administrative redress work personnel;
(II) make clear the participants in the redress
(III) dispatch redress law documents according to regulations.
When redress organs examine redress cases, if it is believed to be necessary, they may request personnel of related organs within that entity to participate.
Article 18: Administrative redress, in principle, adopts the method of written examination, but where one of the following circumstances is present, redress organs may, concerning related organizations and individuals, investigate the situation, hear the opinion of the applicant, the respondent and third parties;
(I) where the applicant put forward such a request;
(II) where the main facts of the case are not clear;
(III) where the case details are significant, complex or difficult;
(IV) where the redress organ believes it to be necessary.
When redress organs examine circumstances, and hear opinions, the redress personnel may not be less than two persons, and they shall make an “Administrative Redress Examination Record”, examination records shall be signed or stamped by the examined person and the examiner.
Article 19: Radio, film and television administrative redress entities’ organs responsible for redress work shall within seven working days after receipt of the application for administrative redress, transfer duplicates of the application for administrative redress or record of application for administrative redress to the respondent. The respondent shall within ten days after receipt of the application for administrative redress or record of application for administrative redress issue a written response, and submit the evidence, basis and other relevant materials of the original concrete administrative activity.
Article 20: the “Administrative Redress Respondent Response Letter : shall clearly record the following content:
(I) The name and address of the respondent, full name and post of the lawful representative;
(II) The facts, proof and basis for the concrete administrative activity. Statements of the relevant facts shall clearly indicate the corresponding proof materials and source;
(III) Proof of necessity and answer to the redress demands of the applicants, stated facts and reasons;
(IV) The year, month and day of the formulation of the written answer, and a seal will be affixed.
Article 21: The applicant and third parties may consult the respondent’s written answer, the proof, basis and other relevant materials for the concrete administrative activity, except where State secrets, business secrets or individual privacy are concerned, administrative redress organs may not refuse. Consultation of the relevant materials, must conform to the following regulations:
(I) submit an application with the redress organ, and show relevant proof of identity;
(II) at the time of consultation, an administrative redress organ staff member must be present;
(III) at the time of consultation, it is forbidden to alter, dismantle, add to, or take away consulted materials.
Article 22: Radio, film and television administrative redress organs shall within sixty days after acceptance of the case formulate an administrative redress decision. Where the circumstances are complex, and an administrative redress decision cannot be made within the stipulated period, it must be examined and approved by the person in charge of the administrative redress entity, and the period may be suitably extended, and the applicant and the defendant must be informed; but the period of extension may not exceed thirty days.
Article 23: Radio, film and television administrative redress entities shall engage complete examination concerning the legality and suitability of the concrete administrative activity of the respondent, and formulate a redress decision according to the provisions of Article 18 of the Administrative Redress Law. The “Administrative Redress Decision Letter” shall clearly indicate the following content:
(I) the full name, sex, age, occupation, location of residence of the applicant (the name, address, full name and occupation of the lawful representative of legal persons or other organisations);
If there are third parties, the above details of the parties shall be clearly listed;
(II) the name, address, full name and occupation of the lawful representative of the respondent;
(III) the application for administrative redress request and reasons of the applicant;
(IV) the response of the respondent;
(V) the facts, proof, reasons and basis established by the redress organ;
(VI) the reconsideration conclusion of the redress organ;
(VII) the period for lodging a complaint with the People’s Courts in case of disagreement with the conclusion;
(VIII) the date of the redress decision and the stamp of the redress organ,
As soon as the “Administrative Redress Decision Letter is dispatched, it will take legal effect.
Article 24: The respondent and applicant shall carry out the administrative redress decision.
Where respondents do not carry out or delay carrying out, without proper reason, the administrative redress decision, the administrative redress organ or relevant higher-level administrative redress organs shall order the carrying out within a specified time.
Where the applicant exceeds the time limit without filing complaint or does not carry out the administrative redress decision, and when according to the provisions of Article 33 of the Administrative Redress Law an enforcement application is made to the People’s Court, an “Enforcement Application” shall be used.
Article 25: After the radio, film and television administrative redress examination ends and a redress decision is made, the redress organ shall conduct earnest settlement, differentiation and numbering, and shall timely file all legal documents and materials relevant to the redress. Radio, film and television administrative redress organs shall, within thirty days after the closing of an administrative redress case, report the redress circumstances to the administrative radio, film and television entity of one level higher.
Article 26: Radio, film and television administrative redress organs, when accepting an application for administrative redress, may not accept any fees from the applicant. Fees needed for the administrative redress activities, shall be included in the administrative budget of those organs, and guaranteed according to the law.
Administrative redress personnel must be proficient in law and radio, film and television sector, administrative radio, film and television organs shall guarantee funding and work conditions for redress work, to maintain corresponding stability of redress personnel.
Article 27: Radio, film and television administrative redress legal documents, are made according to the unified form made by the State Administration for Radio, Film and Television.
Article 28: Matters not settled by these Rules, shall be handled according to the provisions of the Administrative Redress Law.
Article 29: These Rules take effect on the day of promulgation. The “Some Regulations Concerning Radio, Film and Television Administrative Redress” (Ministry of Radio, Film and Television Decree no. 6) and the “Radio, Film and Television Administrative Redress Legal Documents Use and Management Rules” (MRFT no. 268) will be abolished at the same time.