- 中国行政治安法律法规中英数据库 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
中国行政治安法律法规中英数据库
- 有权申请复议的法人或者其他组织终止的，承受其权利的法人或者其他组织可以申请复议。 Where a legal person or any other organization that has the right to apply for reconsideration becomes terminated, the legal person or any other organization that succeeds to its rights may apply for reconsideration.
- 被许可人以欺骗、贿赂等不正当手段取得行政许可的，应当予以撤销。 Where a licensee obtains an administrative license through cheating, offering bribes or any other illegal methods, such administrative license shall be annulled;
- 违法行为轻微并及时纠正，没有造成危害后果的，不予行政处罚。 Where a person commits a minor illegal act, promptly puts it right and causes no harmful consequences, no administrative penalty shall be imposed on him.
- 作出具体行政行为的机关被撤销的，继续行使其职权的行政机关是被申请人。 Where a specific administrative act has been undertaken by an body which has already been abolished, the administrative body that continues to exercise the abolished body 's functions and powers is the defending party of an application.
- 法律、法规和规章授权的组织作出具体行政行为的，该组织是被申请人。 Where a specific administrative act is undertaken by an organization authorized by the laws, regulations and rules, the said organization is the defending party of an application.
- 行政机关委托的组织作出具体行政行为的，委托的行政机关是被申请人。 Where a specific administrative act is undertaken by an organization entrusted by an administrative body, the said commissioning administrative body is the defending party of an application.
- 申请书需要采用格式文本的，行政机关应当向申请人提供行政许可申请书格式文本。申请书格式文本中不得包含与申请行政许可事项没有直接关系的内容。 Where a standard application is required, the administrative organ shall provide the applicants with standard administrative license application. The application shall not contain any content that has no direct relationship with the licensing matters applied for
- 行政机关实施检验、检测、检疫的，可以在检验、检测、检疫合格的设备、设施、产品、物品上加贴标签或者加盖检验、检测、检疫印章。 Where an administrative organ conducts inspection, testing, or quarantine, it may stamp a label on or affix a seal of inspection, testing or quarantine to the qualified equipment, facilities, products and articles
- 行政机关违反本条规定，不采用招标、拍卖方式，或者违反招标、拍卖程序，损害申请人合法权益的，申请人可以依法申请行政复议或者提起行政诉讼。 Where an administrative organ fails to adopt the forms of bid invitation and auction in violation of the Law, or violates the procedures for bid invitation or auction, impairing the legitimate rights and interests of the applicant, the applicant may apply for administrative reconsideration or file an administrative lawsuit according to law
- 申请人要求行政机关对公示内容予以说明、解释的，行政机关应当说明、解释，提供准确、可靠的信息。 Where an applicant asks the administrative organ to account for or to give explanations about the displayed contents, the administrative organ shall do so to provide exact and liable information for it
- 申请人撤回复议申请，不得以同一的事实和理由再申请复议。 Where an applicant has withdrawn his application for reconsideration, he may not apply for reconsideration again for the same facts and reasons.
- 对申请人逾期不起诉又不履行复议决定的，分别情况处理： Where an applicant neither initiates a suit nor implements the reconsideration decision within the time limit, the case shall be dealt with according to different conditions:
- 违法行为构成犯罪，应当依法追究刑事责任，不得以行政处罚代替刑事处罚。 Where an illegal act constitutes a crime, criminal responsibility shall be investigated in accordance with law; no administrative penalty shall be imposed in place of criminal penalty.
- 行政许可所依据的法律、法规、规章修改或者废止，或者准予行政许可所依据的客观情况发生重大变化的，为了公共利益的需要，行政机关可以依法变更或者撤回已经生效的行政许可。由此给公民、法人或者其他组织造成财产损失的，行政机关应当依法给予补偿。 Where any of the laws, regulations and rules that the administrative license is based on is amended or abolished, or the objective circumstances that the administrative license rests on change greatly, in order to meet the demand of public interests, the administrative organ may modify or withdraw the effective administrative license. The damages caused to the properties of citizens, legal person or other institutions accordingly shall be compensated for by the administrative organ in accordance with the law
- 涉嫌犯罪的，应当移送司法机关依法处理。 Where crime is involved, the matter shall be referred to judicial authorities for investigation in accordance with law.
- 法律对违法行为已经作出行政处罚规定，行政法规需要作出具体规定的，必须在法律规定的给予行政处罚的行为、种类和幅度的范围内规定。 Where it is necessary to formulate specific provisions, in administrative rules and regulations, regarding violations of law for which administrative penalties have been formulated in laws, it must be done within the limits of the acts subject to administrative penalty and the types and range of such penalty as prescribed by laws.
- 法律、行政法规对违法行为已经作出行政处罚规定，地方性法规需要作出具体规定的，必须在法律、行政法规规定的给予行政处罚的行为、种类和幅度的范围内规定。 Where it is necessary to formulate specific provisions, in local regulations, regarding violations of law for which administrative penalties have been formulated in laws and administrative rules and regulations, it must be done within the limits of the acts subject to administrative penalty and the types and range of such penalty as prescribed by laws and administrative rules and regulations.
- 根据法定条件和程序，需要对申请材料的实质内容进行核实的，行政机关应当指派两名以上工作人员进行核查。 Where it is necessary to further verify the substantial contents of the applications in accordance with the statutory conditions and procedures, the administrative organ shall designate at least 2 personnel to conduct verifications
- （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.
- 必要时，国务院可以采用发布决定的方式设定行政许可。实施后，除临时性行政许可事项外，国务院应当及时提请全国人民代表大会及其常务委员会制定法律，或者自行制定行政法规。 Where necessary, the State Council may adopt the form of releasing decisions to establish administrative licenses. After implementation, except for the matters under temporary administrative licenses, the State Council shall timely propose to the National People's Congress and its Standing Committee to formulate laws, or formulate administrative regulations by itself
- 复议机关认为具体行政行为所依据的规章或者具有普遍约束力的决定、命令与法律、法规或者其他规章和具有普遍约束力的决定、命令相抵触，而复议机关又无权处理的，向其上级行政机关报告。 Where the administrative body for reconsideration deems that the rules or decisions and orders with a general binding force, which serve as the basis for a specific administrative act, are in conflict with the laws and regulations, or other rules, decisions and orders with a general binding force, but the administrative body for reconsideration has no power to handle the case, then it shall be reported to the administrative body at a higher level.
- 行政许可依法由地方人民政府两个以上部门分别实施的，本级人民政府可以确定一个部门受理行政许可申请并转告有关部门分别提出意见后统一办理，或者组织有关部门联合办理、集中办理。 Where the administrative license is implemented separately by at least two departments of the local people's government in accordance with the law, the people's government of the same level shall determine one department to accept the applications for administrative license and inform the relevant departments of them, and handle these applications after the relevant departments have put forward their own opinions, organize the relevant departments to handle the applications jointly and intensively
- 行政机关依法作出不予行政许可的书面决定的，应当说明理由，并告知申请人享有依法申请行政复议或者提起行政诉讼的权利。 Where the administrative organ makes a decision about the disapproval of the administrative license in accordance with the law, it shall give explanations to and inform the applicant that it is entitled to apply for administrative reconsideration or to file an administrative lawsuit
- 依照本条第一款的规定撤销行政许可，被许可人的合法权益受到损害的，行政机关应当依法给予赔偿。 Where the annul of an administrative license in accordance with the first paragraph in this Article has impaired the legal rights and interests of the licensee, the administrative organ shall compensate for it in accordance with the law. W
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