Resolution of Economic Disputes: Administrative Reconsideration
Resolution of Economic Disputes: Administrative Reconsideration
(II) Decisions and their enforcement
An administrative reconsideration decision is the manifestation of the final result of administrative reconsideration and the conclusive decision on an administrative action made by the reconsideration authority after review. The administrative reconsideration authority shall review the administrative action made by the respondent, provide opinions, and, after the consent of the principal of the administrative reconsideration authority or collective discussion, decide to:
(1) sustain the administrative action if it was properly taken based on clearly ascertained facts and conclusive evidence and in accordance with the applicable provisions and procedures;
(2) order the respondent to fulfill their statutory duties within a specified period of time if the respondent failed to perform them;
(3) revoke, alter, or invalidate the administrative action, and may order the respondent to take a new administrative action within a specified period of time in case of revocation or invalidation, if: ① The main facts were not clearly ascertained or the evidence was insufficient; ② The provisions were not applied correctly; ③ The legal procedures were violated; ④ Power was exceeded or abused; or ⑤ The administrative action was obviously improper.
(4) Where the respondent fails to provide a written reply or submit the evidence, basis, and other relevant materials for the administrative action in accordance with the Administrative Reconsideration Law, it shall be deemed that the administrative action has no evidence or basis, and a decision shall be made to revoke the administrative action. Where an administrative reconsideration authority orders the respondent to retake an administrative action, the respondent shall not take the same or basically the same administrative action based on the same facts and reasons.
When an administrative reconsideration authority makes an administrative reconsideration decision, a written administrative reconsideration decision shall be issued and affixed with its seal. An administrative reconsideration decision shall take effect upon service. The respondent shall perform the administrative reconsideration decision. Where the respondent fails to perform or delays the performance of the administrative reconsideration decision absent good cause shown, the administrative reconsideration authority or the competent superior administrative authority shall order the respondent to perform the decision within a specified period of time. Where the petitioner fails to file a lawsuit or perform the administrative reconsideration decision within the prescribed time limit, or fails to fulfill the final administrative reconsideration decision: ① The administrative authority that decided to perform the administrative action may enforce the action in accordance with the law or apply to the people's court for enforcement if an administrative reconsideration decision is made to sustain the action; or ② The administrative reconsideration authority may enforce the administrative action in accordance with the law or apply to the people's court for enforcement if an administrative reconsideration decision is made to change the action.
Robert Zhang 
Steve Li 