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具有普遍约束力
administrative regulations, rules, or decisions and orders with a general binding force
(一)对行政法规、规章或者具有普遍约束力的决定、命令不服的;
erroneous application of the laws, regulations and rules and of decisions and orders with a general binding force
2.适用法律、法规、规章和具有普遍约束力的决定、命令错误的;
if the application of the laws, regulations and rules as well as the decisions and orders with a general binding force to the specific administrative act is correct, the facts are clearly ascertained and the statutory limits of authority and procedures are complied with, the specific administrative act shall be sustained by decision
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.
administrative rules and regulations, regulations, or decisions and orders with general binding force formulated and announced by administrative organs
(二)行政法规、规章或者行政机关制定、发布的具有普遍约束力的决定、命令;
the facts and reasons, as established by the administrative body for reconsideration; and the laws, regulations and rules as well as the decisions and orders with general binding force applied
(四)复议机关认定的事实、理由,适用的法律、法规、规章和具有普遍约束力的决定、命令;
In handling reconsideration cases of the nationality autonomous regions, the administative organ for reconsideration shall also base itself on the regulations on autonomy and separate regulations of the nationality autonomous regions. Article 42 The administrative organ for reconsideration shall, after the hearing, respectively make the following reconsideration decisions: (1) if the application of the laws, regulations and rules as well as the decisions and orders with a general binding force to the specific administrative act is correct, the facts are clearly ascertained, and the statutory limits of authority and procedures are complied with, the specific administrative act shall be sustained by decision
Other regulatory documents that involve privilege and obligation of administrative counterpart and have general binding force and are issued by CAAC, CAAC functional department or regional administration of CAAC, may not conflict with civil aviation regulations.
Article 3 The regulatory documents mentioned in these Provisions refer to all kinds of documents with general binding force which are formulated by the administrative organs of this Province according to legal authority and the prescribed procedures and which involve the rights and duties of citizens, legal persons and other organizations, including the regulatory documents of the governments and departments, but with the exception of administrative rules.
Article 3"Decisions and orders with general binding force"provided in Article 12 (2) in theAdministrative Procedure Lawshall refer to administrative normative documents capable of being repeatedly applied to non-specific matters.
Article 41 In handling reconsideration cases, the administrative organ for reconsideration shall base itself on the laws administrative rules and regulations, local regulations, rules as well as the decisions and orders with a general binding force formulated and promulgated by administrative organs at higher levels according to law.
Such declaration of unconstitutionality with general binding force can also be made at the request of, inter alia, the PR or the Ombudsman, who can furthermore request that the Constitutional Court pronounces itself on unconstitutionality by omission, by declaring failure to adopt the necessary legislative measures to give effect to Constitutional norms (Art. 283 CRP).
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