Article 2 These Measures shall apply to administrative penalty hearings organized by market supervision and management departments.
Article 3 The market supervision and management departments shall follow the principles of openness, fairness and efficiency in organizing administrative penalty hearings, and ensure and facilitate the parties to exercise their right of statement and defend oneself according to law.
Article 4 The market supervision and management departments shall implement the withdrawal system in the trial of administrative punishment cases. If the presiding hearer, hearing officer, recorder and translator have direct interests with the parties concerned, they shall withdraw.
The withdrawal of the hearing officer, recorder and translator shall be decided by the presiding hearer; The withdrawal of the presiding hearer shall be decided by the person in charge of the market supervision and management department.
Chapter II Application and Acceptance
Article 5 Before making the following decision on administrative punishment, the market supervision and management department shall inform the parties of their right to request a hearing:
(a) ordered to suspend production or business;
(2) Revoking the license or license;
(3) Impose a fine of more than 1 10,000 yuan on a natural person and a fine of more than110,000 yuan on a legal person or other organization;
(4) imposing administrative penalties on natural persons, legal persons or other organizations to confiscate illegal income and illegal property with the value reaching the amount listed in Item 3.
The amount of fines and confiscations listed in Items (3) and (4) of the preceding paragraph shall be subject to the specific provisions of the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or the people's governments.
Article 6 While informing the parties of their right to a hearing, they shall also inform them in writing of the facts, reasons and basis for the proposed administrative punishment.
Article 7 If a party requests a hearing, he may sign his opinions after receiving the notice, or put forward his opinions within 3 working days from the date of receiving the notice. If the parties make an oral proposal, the case-handling personnel shall record the situation in the record, and the parties shall sign or seal the record.
Within three working days from the date of service of the notice, if the party concerned fails to request a hearing, it shall be deemed as giving up the right.
If a party requests a hearing within the prescribed time limit, the market supervision and management department shall organize a hearing in accordance with the provisions of these Measures.
Chapter III Hearing Organization, Hearing Personnel and Hearing Participants
Article 8 The hearing shall be organized by the legal institution of the market supervision and administration department or other institutions.
Article 9 Hearing personnel include the presiding hearer, the hearing officer and the recorder.
Article 10 Participants in a hearing include the parties and their agents, third parties, case handlers, witnesses, translators, expert witnesses and other relevant personnel.
Article 11 The presiding hearer shall be appointed by the person in charge of the market supervision and management department. When necessary, one or two hearing officers may be appointed to assist the presiding hearer in the hearing.
The recorder shall be appointed by the presiding hearer, and shall be responsible for the preparation and recording of the hearing.
The case-handling personnel shall not act as the presiding hearer, hearing officer and recorder.
Twelfth hearing host shall exercise the following duties in the hearing procedure:
(a) to decide the time and place of the hearing;
(2) Examining the qualifications of the participants in the hearing;
(3) Presiding over the hearing;
(4) maintaining the order of the hearing;
(5) Deciding to suspend or terminate the hearing and announcing the end of the hearing;
(six) other duties entrusted by these measures.
The presiding hearer shall perform the duties of presiding over the hearing openly and fairly, and shall not interfere with the rights of the parties and the third party to make statements and defend themselves.
Thirteenth natural persons, legal persons or other organizations that request a hearing are the parties to the hearing.
Fourteenth other natural persons, legal persons or other organizations interested in the hearing case may apply to participate in the hearing as a third person, or be notified by the presiding hearer to participate in the hearing.
Fifteenth parties and third parties may entrust one or two people to participate in the hearing on their behalf.
If someone is entrusted to attend the hearing on his behalf, a power of attorney signed or sealed by the principal and the identity certificate of the entrusted agent shall be submitted to the market supervision and management department.
The power of attorney shall specify the entrusted matters and authority. If the entrusted agent withdraws the application for hearing or explicitly waives the right of hearing on his behalf, there must be a clear authorization from the principal.
Article 16 Investigators shall attend the hearing.
Seventeenth witnesses and experts related to the hearing case may attend the hearing with the consent of the presiding hearer.
Chapter IV Preparation for Hearing
Article 18 The market supervision and management department shall determine the presiding hearer within three working days from the date of receiving the application of the parties to hold a hearing.
Nineteenth investigators shall, within three working days from the date of determining the hearing host, hand over the case materials to the hearing host, who will review the case materials and prepare the hearing outline.
Article 20 The presiding hearer shall determine the time and place of the hearing within five working days from the date of receiving the case materials handed over by the case-handling personnel, and deliver the notice of hearing to the parties seven days before the hearing is held.
The notice of hearing shall specify the time and place of the hearing and the names of the presiding officer, hearing officer, recorder and translator, and inform the parties of the right to apply for withdrawal.
If a third person participates in the hearing, the presiding hearer shall notify the third person of the time and place of the hearing before the hearing is held.
Twenty-first hearing host shall notify the case handlers of the time and place of the hearing seven days before the hearing is held, and return the case materials.
Twenty-second except those involving state secrets, commercial secrets or personal privacy, the hearing shall be held in public.
If a hearing is held in public, the market supervision and management department shall announce the names of the parties, the cause of action and the time and place of the hearing three days before the hearing is held.
Chapter V Holding a Hearing
Twenty-third before the start of the hearing, the recorder shall find out whether the participants in the hearing are present, and announce the following hearing disciplines to the people present:
(a) obey the command of the presiding hearer, and shall not speak or ask questions without the permission of the presiding hearer;
(two) without the permission of the presiding hearer, no recording, video recording or photography;
(three) the participants in the hearing shall not leave without the permission of the presiding hearer;
(4) Do not talk loudly, clap, make noise or engage in other activities that hinder the order of the hearing.
Article 24 The presiding hearer shall check the participants in the hearing, explain the cause of action, announce the list of presiding hearer, hearing officer, recorder and translator, inform the participants of the hearing of their rights and obligations in the hearing, and ask the parties whether to apply for withdrawal.
Twenty-fifth hearing according to the following procedures:
(a) the facts, evidence, suggestions and basis for the case-handling personnel to impose administrative punishment on the parties;
(two) the parties and their entrusted agents to make statements and defenses;
(3) The third party and its entrusted agent make statements;
(4) cross-examination and debate;
(5) The presiding hearer shall consult the final opinions of all parties in the order of the third person, the case-handling personnel and the parties.
The parties may present evidence on the spot to prove their claims, and the presiding hearer shall accept it.
Twenty-sixth in any of the following circumstances, the hearing may be suspended:
(a) the parties are unable to participate in the hearing due to force majeure;
(two) the death or termination of the parties, the need to determine the relevant rights and obligations;
(three) the parties temporarily apply for withdrawal, can not make a decision on the spot;
(four) it is necessary to notify new witnesses to be present or re-identify;
(five) other circumstances that need to suspend the hearing.
After the suspension of the hearing disappears, the presiding hearer shall resume the hearing.
Twenty-seventh in any of the following circumstances, the hearing may be terminated:
(1) The party concerned withdraws the application for hearing or explicitly waives the right to hearing;
(two) the parties refused to attend the hearing without justifiable reasons;
(three) the parties leave without the permission of the presiding hearer;
(four) the death or termination of the parties, and there is no inheritance rights and obligations;
(five) other circumstances that need to terminate the hearing.
Twenty-eighth hearing recorder shall truthfully record and make a hearing record. The minutes of the hearing shall specify the time, place and cause of action of the hearing, the names of the hearing personnel and participants, the opinions of all parties and other matters that need to be specified.
After the hearing, the transcripts of the hearing shall be verified by the participants in the hearing and signed or sealed by the participants on the spot. If the party concerned or the third party refuses to sign or seal, the situation shall be recorded in the hearing record.
Article 29 After the hearing is over, the presiding hearer shall write a hearing report within five working days, which shall be signed by the presiding hearer and the hearing officer, sent to the case-handling institution together with the hearing record, and submitted to the person in charge of the market supervision and management department together with other case materials.
Thirtieth hearing report shall include the following contents:
(a) the reasons for the hearing;
(2) Hearing personnel and participants;
(3) The time and place of the hearing;
(four) the basic situation of the hearing;
(5) Handling opinions and suggestions;
(six) other matters that need to be reported.
Chapter VI Supplementary Provisions
Thirty-first "above" and "within" in these Measures include this number.
Thirty-second the State Council drug supervision and management departments and provincial drug supervision and management departments to organize administrative punishment hearings, the application of this approach.
These Measures shall apply to the hearing of administrative punishment organized by organizations authorized by laws, regulations and rules to perform market supervision and management functions.
Article 33 The provisions of Articles 74 and 75 of the Interim Provisions on Administrative Punishment Procedures for Market Supervision and Administration shall apply to the delivery of relevant law enforcement documents in these Measures.
Article 34 The market supervision and management department shall guarantee the funds for the hearing and provide necessary venues, equipment and other convenient conditions for organizing the hearing.
When the market supervision and management department holds a hearing, it shall not charge the parties.
Article 35 These Measures shall be implemented as of April 20 19 1 day. The Hearing Rules of the State Food and Drug Administration (Trial) promulgated by Order No.23 of the former State Food and Drug Administration on February 30, 2005 and the Hearing Rules of Administrative Punishment Cases of Industry and Commerce promulgated by Order No.29 of the former State Administration for Industry and Commerce on September 4, 2007 shall be abolished at the same time.
Legal basis:
Interim Measures for the hearing of administrative punishment in market supervision and management
Article 1 These Measures are formulated in accordance with the relevant provisions of the Administrative Punishment Law of the People's Republic of China for the purpose of standardizing the hearing procedure of administrative punishment in market supervision and management, ensuring that the market supervision and management departments implement administrative punishment according to law, and protecting the legitimate rights and interests of natural persons, legal persons and other organizations.
Article 2 These Measures shall apply to administrative penalty hearings organized by market supervision and management departments.
Article 3 The market supervision and management departments shall follow the principles of openness, fairness and efficiency in organizing administrative penalty hearings, and ensure and facilitate the parties to exercise their right of statement and defend oneself according to law.
Article 4 The market supervision and management departments shall implement the withdrawal system in the trial of administrative punishment cases. If the presiding hearer, hearing officer, recorder and translator have direct interests with the parties concerned, they shall withdraw.
The withdrawal of the hearing officer, recorder and translator shall be decided by the presiding hearer; The withdrawal of the presiding hearer shall be decided by the person in charge of the market supervision and management department.
Article 5 Before making the following decision on administrative punishment, the market supervision and management department shall inform the parties of their right to request a hearing:
(a) ordered to suspend production or business;
(2) Revoking the license or license;
(3) Impose a fine of more than 1 10,000 yuan on a natural person and a fine of more than110,000 yuan on a legal person or other organization;
(4) imposing administrative penalties on natural persons, legal persons or other organizations to confiscate illegal income and illegal property with the value reaching the amount listed in Item 3.
The amount of fines and confiscations listed in Items (3) and (4) of the preceding paragraph shall be subject to the specific provisions of the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government or the people's governments.
Article 6 While informing the parties of their right to a hearing, they shall also inform them in writing of the facts, reasons and basis for the proposed administrative punishment.