Considering new problems generated in recent years, CIRC revised current Measures for Administrative Reconsideration of CIRC (hereinafter as “Old Measures”), and published the new one (hereinafter as “New Measures”). The New Measures has changed some significant aspects of procedures of administrative reconsideration and it will be effected from 1st of March.
1. The New Measures has changed the scope of administrative reconsideration. The Old Measures listed six circumstances under which citizens, insurance institutions and other legal persons or organizations may apply administrative reconsideration. The New Measures, however, changes the way of representation, and replaces with a broader concept. It stipulates that “Citizens, legal persons and other organizations may apply to CIRC if they consider that their lawful rights and interest have been infringed upon by a specific administrative act made by CIRC and its dispatched organizations, providing that this specific administrative act meets the requirement of Article 6 of Administrative Reconsideration Law of China.”
2. The New Measures adds specific articles on scope of applicants. If a partnership enterprise applies for administrative reconsideration, the applicant shall be the registered enterprise and the executive partner shall represent the enterprise to participate the application. If the General Shareholders’ Meeting or Board of Directors thinks CIRC or its dispatched organization infringe the legal rights of enterprise, they can apply administrative reconsideration in name of enterprise. Additionally, after approving by CIRC, any citizen, legal person or other organization who has interests with the specific administrative act may participate the administrative reconsideration as the third party.
3. The New Measures adds new contents concerning letters and visit. In recent years, CIRC received many administrative reconsideration applications, but those applications were in fact complaints. Usually, CIRC deals with complaints by letters and visit system which citizens and organizations can write to or call at relevant departments of CIRC to complain. In the past, if CIRC received the application of administrative reconsideration which is in deed a kind of complaint, CIRC had to call applicant to withdraw the application and raise letters and visit proceeding. Now, under the New Measures, CIRC can directly transfer the application to letters and visit dealing department. The new method may use manpower and material resources sparingly.
4. The New Measures adds two circumstances of refusing to accept application. If the applicant applies for administrative reconsideration because the respondent doesn’t perform his/her duty, but after dealing with application, CIRC finds that the respondent does not have such duty or has performed the duty, CIRC may refuse the application. And, if CIRC finds the application does not meet the requirement of Administrative Reconsideration Law of China, Regulation on the Implementation of the Administrative Reconsideration Law of China and this New Measures, CIRC may refuse the application.
5. The New Measures strengthens the supervision on administrative officers. It clarifies that the administrative reconsideration department is entitled to suggest human resources and supervision department to punish on administrative officers who has illegal acts. It is also entitled to directly transfer relevant materials of administrative officer who has illegal acts to relevant supervision departments.
According to the New Measures, citizens, insurance companies and other relevant organization may protect their legal rights efficiently and the CIRC also can establish a better supervision system on insurance industry.