People's
Republic of China Administrative Litigation Law (2015 Implementation)
(Passed on April 4, 1989 by the second meeting of the 7th National
People's Congress; Announced by order of the President of the People's Republic
of China's Order No. 16, on April 4, 1989; Took effect on October 1, 1990;
Revisions in accordance with the November 1, 2014 "NAtional People's
Congress Standing Committee Decision on Amending the 'Administrative Litigation
Law of the People's Republic of China'" take effect on May 1, 2015)
Article 1: Pursuant to the Constitution, this Law is enacted for the purposes of
ensuring the just and prompt handling of administrative cases by the people's
courts, resolving administrative disputes, protecting the lawful rights and
interests of citizens, legal persons and other organizations, and supervising
the exercise of administrative powers by administrative organs in accordance
with the law.
Article 2: Citizens, legal persons or other organizations feeling that their lawful
rights and interests have been infringed upon by an administrative act of an
administrative organ or its personnel, have the right to bring a suit before a
people's court in accordance with this Law.
Administrative acts as used in the preceding paragraph includes
administrative actions made by organizations authorized under laws, regulations
or rules.
Article 3: People's courts shall protect citizens, legal persons and other
organizations' right to sue, and accept in accordance with law those
administrative cases that should be accepted and heard.
Administrative organs and their staff must not interfere with or impede
people's Courts acceptance of administrative cases.
The responsible party of administrative organs being sued shall appear
in court to respond to the suit. Where they cannot appear in court, they
shall entrust relevant personnel from the administrative organ to appear in
court.
Article 4: People's courts shall, in accordance with the law, exercise judicial
power independently over administrative cases, and receive no interference from
administrative organs, social groups or individuals.
People's Courts establish administrative trial divisions, hearing
administrative cases.
Article 5: People's courts hearing administrative cases, have the facts as their
basis and law as their measure.
Article 6: People's courts hearing administrative cases, review the legality of
administrative acts.
Article 7: People's courts hearing administrative cases shall, in accordance with
law, carry out the collegial panel, recusal, public trial and second-instance
trial as final judgment systems.
Article 8: Parties in administrative lawsuits have equal legal positions.
Article 9: Citizens of all ethnicities have the right to use their ethnic language
and script to conduct administrative litigation.
In areas inhabited by ethnic minorities where several ethnicities live
together, people's courts shall conduct adjudication and issue legal documents
in the languages and scripts commonly used by the local ethnicities.
People's courts shall provide translation for litigation participants
who do not understand the language or script commonly used by the local
nationalities.
Article 10: In administrative lawsuits, the parties have the right to conduct debate.
Article 11: People's Procuratorate have the right to exercise legal supervision over
administrative lawsuits.
Article 12: Peoples Courts accept the following lawsuits brought by citizens, legal
persons or other organizations:
（1）Where one does not
accept an administrative punishment such as administrative detention, the
withholding or revocation of a license or permit, an order to stop production
and operations, confiscation of unlawful gains, confiscation of illegal
property, fines or warnings；
（2）Where one does not
accept compulsory administrative measures and compulsory administrative
enforcement, such as limits on personal freedom or the sealing, seizing or
freezing of property;
（3）Where an application
for an administrative permit was refused by an administrative organ or it did
not respond with the periord provided by law; or where one does not accept
other decisions made by administrative organs regarding administrative permits.
（4）Where one does not
accept a decision by administrative organ regarding determination of ownership
or usage rights for natural resources such as land, minerals, water, forests,
mountains, grasslands, uncultivated lands, tidal flats and sea areas;
(5) Where one does not accept a decision on expropriation, requisition
or the compensation therefore;
（6）Where on application
to an administrative organ to carry out its duty to protect lawful rights and
interests such as rights in person or property, the administrative organ
refuses to perform or does not respond.
（7）Where it is felt that
an administrative organ has violated their management autonomy or rural land
contract management rights and rural land contract operations management
rights.;
（8）Where it is felt that
an administrative organ has abused its administrative powers to exclude or
limit competition;
（9）Where it is felt that
an administrative organ has illegally fund-raised, apportioned charges or
unlawfully requested the performance of other duties;
(10) Where it is found that an administrative organ has not made payment
in accordance with law of casualty compensation or minimum living allowance
benefits, or social security benefits ;
(11) Where is found that an administrative organ has not performed in
accordance with law, has not performed as agreed, or has made unlawful
modifications to or dissolved a government licensed management agreement, a
land and housing acquisition compensation agreement, or other agreement;
（12）Where it is felt that
an administrative organ has violated rights in person or property, or other
lawful interests.
Outside of those provided in the preceding paragraphs, people's courts
accept other administrative cases that laws and regulations provide may be
raised.
Article 13: People's courts do not accept the following lawsuit raised by citizens,
legal persons or other organizations:
（1）Acts of state such as
defense and foreign affairs;
（2）Administrative rules,
regulations or decisions and orders formulated and released by administrative
organs that are widely binding;
（3）administrative
organs' decisions on administrative organ personnel, such as rewards and
punishments, or appointments and terminations ;
（4） administrative acts
for which the laws provide that an administrative organ has the final judgment.
Article 14: Basic level people's court have jurisdiction over first-instance trials
of administrative cases.
Article 15: Intermediate People's Court have first-instance jurisdiction over the
following administrative cases:
（1）Cases of litigation
against administrative acts by any department of the state council or a local
people's government at the county level or above ；
(2) Cases handled by Customs;
（3）significant and
complicated cases in the jurisdictional region.
(4) Other cases where the jurisdiction of intermediate courts is
provided for by law.
Article 16: High people's courts have jurisdiction over significant and complicated
first-instance administrative cases in the jurisdictional region.
Article 17: The Supreme People's Court has nationwide jurisdiction nationwide over
significant and complicated first-instance administrative cases.
Article 18: Administrative cases are in the jurisdiction of the people's court in
the area of the administrative organ that first took the administrative act. For
cases that have had a reconsideration, jurisdiction may also be had by the
people's court at the location of the reconsidering organ.
Upon approval from the Supreme People’s Court, High People’s Courts may,
on the basis of the actual situation of their work, designate several
intermediate courts with jurisdiction areas for administrative cases that
crosses administrative regions.
Article 19: Lawsuits raised against compulsory measures that limit personal freedom,
are in the jurisdiction of the people's court at the place of the defendant or
plaintiff.
Article 20: Administrative cases raised due to immovable property, are in the
jurisdiction of the people's court for the area where the immovable property
sits.
Article 21: In cases where two or more people's courts have jurisdiction rights, the
plaintiff may choose one of these people's courts to bring a lawsuit. Where
the plaintiff brings suit in two or more people's courts with jurisdiction
rights, the first people's court to file the case has jurisdiction.
Article 22: Where people's courts discover that a case they have accepted is not
within their jurisdiction, they shall transfer it to a people's court with
jurisdiction, and the people's court receiving it shall accept it. Where
the receiving people's court finds that in accordance with provisions it is not
within the jurisdiction of that court, it shall report to the higher level
people's court to designate jurisdiction, and must not transfer it a gain.
Article 23: Where a people's court with jurisdiction rights is for special reasons
unable to exercise jurisdiction, the people's court at the level above
designates jurisdiction.
If dispute occurs between people's courts regarding jurisdiction, the
two sides to the dispute shall resolve it through consultation. If
consultation does not succeed, it shall be reported to the court above them
both to designate jurisdiction.
Article 24: Higher level people's courts have the right to hear administrative cases
over which lower people's courts have first-instance jurisdiction.
Where lower people's courts feel that an administrative case over which
they have first-instance jurisdiction needs to heard by a higher level people's
court or have jurisdiction designated, they may report the situation to the
people's court above for a decision.
Article 25: The object of an administrative act and other citizens, legal persons or
other organizations with interests in an administrative act, have the right to
bring a lawsuit .
If the citizen with the right to bring a lawsuit is deceased, his close
family members may bring the lawsuit.
If a legal person or other organization is terminated, the legal person
of other organization inheriting its rights may bring a law suit.
Article 26: Where a citizen, legal person or other organization directly brings a
lawsuit before a people's court, the administrative organ that took the
administrative act is the defendant.
Where, upon reconsideration of a case, the reconsidering organ sustains
the original administrative act, the administrative organ that took the
original administrative act and the reconsideration organ are joint defendants;
if the reconsidering organ has changed the original administrative act, the
reconsidering organ is the defendant.
Where a reconsideration organ has not issued a reconsideration decision
within the statutory time period, and citizens, legal persons or other
organizations file suit on the original administrative action, the
administrative organ which made the original administrative act is the
defendant; where the suit is on the reconsideration organ's inaction, the
reconsideration organ is the defendant.
Where two or more administrative organs have taken the same
administrative act, the administrative organs that have jointly undertaken the
administrative act are joint defendants.
Administrative acts taken by an organization entrusted by an
administrative organ, the entrusting administrative organ is the defendant.
Where an administrative organ has been abolished or its powers modified,
the administrative organ that continues to perform its powers is the defendant.
Article 27: In administrative cases arising from a single administrative act, or
administrative cases arising from a common type of administrative act, where
there are two or more persons in the parties of one or both sides, and the
people's court feel they cases may be merged for trial, it will be a joint suit
with the consent of the parties.
Article 28: For joint actions were one party is a large group of people, the party
may select a representative to conduct the litigation. For
joint actions were one party is a large group of people, the party may select a
representative to conduct the litigation. The legal acts of the representative
shall take effect for the party represented, except that changes to or waiver
of any claim, or concessions to the other parties' demands, shall be upon
consent of the represented party.
Article 29: Citizens, legal persons or other organizations that have interests in an
administrative action that is subject to litigation but have not brought suit,
or those with interests in the outcome of the case disposition, may apply to
participate in the litigation as a third party or be notified by the people’s
court to participate in the litigation.
Where people's courts rule that third parties bear obligations or limit
the rights of third parties, the third parties have the right to appeal in
accordance with law.
Article 30: Citizen's without capacity for litigation, are represented by their
legal representatives in court. Where the legal representative struggle
among themselves over the responsibility, the people's court appoint one of
them to handle the lawsuit.
Article 31: Parties and their legal representatives may retain one or two persons as
agents ad litem.
The following persons may be retained as agents ad litem:
（1）lawyers or base level
legal service workers；
（2）The close relatives
or staff of the parties；
（3）Citizens recommended
by the parties' community, workplace or social groups.
Article 32: A lawyer representing in a case has the right to consult and reproduce
materials pertaining to that case in accordance with rules, and the rights to
investigate and collect evidence relevant to the case from the involved
organizations and citizens. For information that involves state
secrets, commercial secrets or the individuals' privacy, confidentiality shall
be kept in accordance with provisions of the law.
Parties and their agents ad litem have the right to consult or reproduce
materials relating to that case's court proceedings in accordance with rules,
but excepting those involving state secrets, commercial secrets or individuals'
privacy.
Article 33: Evidence includes:
(1) documentary evidence;
(2) physical evidence;
(3) audio-visual materials;
(4) electronic data;
(5) witness testimony;
(6) the statements of the parties;
(7) evaluation opinions;
(8) Inquest records, and on-scene records.
The evidence above must be verified as true in court before it can be
used as the basis for determining the facts of the case.
Article 34: The defendant shall have the burden of presenting evidence on
administrative acts it has taken and shall provide the evidence and normative
documents on which taking the administrative act was based.
If defendants do not produce evidence, or delay production without
legitimate reason, it will be found that there is no relevant evidenceHowever,
where a third party's lawful rights and interests are involved in the
administrative actions, this does not include evidence provided by the third
party.
Article 35: In the course of the lawsuit, the defendants and their legal
representatives must not themselves collect evidence from the plaintiff, third
persons or witnesses.
Article 36: Where the defendant had already gathered evidence when it took the
administrative action, but due to force majeure or other legitimate reasons
cannot provide it, the period for provision may be extended upon permission of
the people's court.
Where the plaintiff or a third-party submits reasoning or evidence that
was not raised during the administrative disposition procedures, upon getting
the permission of the people's court.the defendant may supplement evidence.
Article 37: The plaintiff may provide evidence showing that an administrative act
was unlawful. Where
the evidence provided by the plaintiff is not sustained, this does not waive
the defendants' responsibility to present evidence.
Article 38: In cases raised about the defendants not performing legally prescribed
duties, the plaintiff shall provide evidence of the request he submitted to the
defendant. However,
there is an exception in any of the following situations:
（1）where the defendant
should proactively perform a statutory duty in accordance with the powers of
its office；
（2）Where the plaintiff
has a legitimate reason for being unable to provide evidence.
During cases of administrative compensation or subsidies, the plaintiff
shall provide evidences showing the damage caused by the administrative action. Where
the defendant has caused the plaintiff to be unable to provide evidence, the
burden of proof shall fall upon the defendant.
Article 39: People's courts have the right to request the parties provide or
supplement evidence.
Article 40: People's courts have the right to collect evidence from relevant
administrative organs, as well as other organizations and citizens.However,
they must not collect evidence not gathered at the time the administrative act
was take, for the purpose of proving the legality of the administrative act.
Article 41: Where the following evidence is related to a case, and the plaintiff or
a third party cannot collect it of their own volition, they may request the
people's court to collect it：
（1）evidence that is kept
by government organs and needs to be collected by the people's court；
（2）evidence that touches
on state secrets, commercial secrets and personal privacy；
（3）Other evidence that
they truly cannot gather by themselves for objective reasons.
Article 42: In circumstances where evidence might be destroyed or lost or difficult
to obtain later on, litigation participants may apply to the people's court to
preserve the evidience, and the people's court may also proactively take
measures to preserve such evidence.
Article 43: Evidence shall be presented in court, and examined by the parties. Evidence
that touches upon state secrets, commercial secrets and personal privacy must
not be presented in public court sessions.
People's courts shall follow the statutory procedures to comprehensively
and objectively review and verify evidence. An explanation of shall be given in the
judgment opinion where evidence was not accepted.
Evidence acquired by illegal means must not serve as the basis for
determining the case facts.
Article 44: For administrative cases within the scope of those accepted by people's
courts, citizens, legal persons or other organizations may first apply to the
administrative organ or a reconsideration and then raise a lawsuit before a
people's court if not satisfied with the reconsideration decision; citizens,
legal persons or other organizations may also directly bring a lawsuit before a
people's court.
Where laws or regulations provide that a reconsideration shall first be
requested from an administrative organ and then raise a lawsuit before a
people's court if not satisfied with the reconsideration decision, follow the
provisions of the laws or regulations.
Article 45: Citizens, legal persons or other organizations who do not accept a
reconsideration decision may bring a lawsuit before a people's court within 15
days from the day they receive the reconsideration decision. If the
reconsidering organ fails to make a decision within the time limit, the
applicant may bring a suit before a people's court within 15 days after the
time limit for reconsideration expires. Except as otherwise provided for by law.
Article 46: Where citizens, legal persons or other organizations choose to directly
initiate an action before a people's court, it shall be done within six months
from when it was learned or should have been learned that the administrative
act was taken. Except
as otherwise provided for by law.
People's courts will not accept cases arising over immovable property
more than twenty years from the administrative act, and other cases more than
five years after the administrative act was taken.
Article 47: Where citizens, legal persons or other organizations file an application
with an administrative organ for it to perform its statutory duty of protecting
his or its legitimate rights and interests, such as rights in person or
property, but the administrative organ does not perform the duty within two
months after receipt of the application, the citizen, legal person or other
organization may bring a suit before a people’s court. Where
laws and regulations provide other time limits for administrative organs to
perform their duties, those provisions control.
The previous paragraph's time limit for raising a lawsuit does not apply
where citizens, legal persons or other organizations in an emergency situation
request that an administrative organ perform its statutory duty to protect
their rights in person or property but the administrative organ does not do so.
Article 48: Where citizens, legal persons or other organizations delay the time
limit for filing suit due to force majeure or other reasons unrelated to them,
the time delay is not included in the time limits for filing suit.
Where citizens, legal persons or other organizations delay the time
period due to special circumstances other than those mentioned in the preceding
paragraph, they may apply for an extension of the time period within 10 days of
the impediment clearing, the people's court decides whether to approve.
Article 49: The following requirements shall be met when bringing a lawsuit：
（1）the plaintiff is a
citizen, legal person or other organization meeting the requirements provided
in article 25 of this law ；
（2）there is a clear
defendant；
（3）there are specific
litigation demands and factual evidence；
（4）is within the scope
of cases accepted by the people's courts and the jurisdiction of the people's
court accepting it.
Article 50: A Complaint shall be submitted to the people's court when bringing suit,
with the number of copies corresponding the the number of defendants.
Where there is truly difficulty in writing out a Complaint, suit may be
brought orally, and the people's courts' clerk will make a record, and issue a
written certificate indicating the date, and inform the opposing party.
Article 51: When people's courts receive a Complaint meeting the requirements of
this law for initiating litigation, they shall register and file it.
Where it cannot be decided on the spot whether it meets the requirements
for initiating litigation, a complaint shall be received, a written receipt
given indicating the date it was received issued, and a decision on whether to
file the case made within 7 days. Where the requirements for initiating
litigation are not met, a decision is made to not file the case. The
decision document shall clearly indicate the grounds for not filing the case. Where
the plaintiff is unsatisfied with the ruling, they may file an appeal.
Where a complaint is incomplete in content or has other errors, the
people’s court shall provide guidance and explanations, and give one-time
notice for the party to supplement and make corrections. Where a
complaint is incomplete in content or has other errors, the people’s court
shall provide guidance and explanations, and give one-time notice for the party
to supplement and make corrections. The people’s courts must not use the
grounds that the complaint does not meet requirements to not take a complaint
without first having given guidance and making explanations.
To address the non-receipt of complaints, or the failure to issue the
written confirmation after receipt as well as not giving the parties one time
notice that they need supplement the content of the complaint or correct any
error contained therein, the party may complain to a higher people’s court,
which shall order corrections and punish the principle responsible personnel
and other directly responsible persons in accordance with law.
Article 52: Where the people’s court neither files the case nor issues a written
ruling on not filing, the party may bring a suit before the people’s court at
the level above. Where
the court above finds that the requirements for bringing suit are met, it will
file and hear the case or it may designate another lower people’s court to file
and hear the case.
Article 53: Citizens, legal persons or other organizations feeling that a state
council department's or local people's government or it's departments'
normative document on which an administrative was based is unlawful, they may a
review of the normative document when they raise a lawsuit over the
administrative act.
Normative documents as provided for in the preceding paragraph does not
include rules.
Article 54: Administrative cases in the people's courts shall be tried in public,
except for those that involve state secrets or the private affairs of
individuals, or are otherwise provided for by law.
Cases that involve trade secrets may be tried in private where the party
applies for a private hearing.
Article 55: Parties feeling that a adjudicators have an interest in the case or have
another relation to it, which may affect the fair handling of the case, they
have the right to demand the recusal of the judicial personnel.
Adjudicators who feel they have an interest in the case or another
relation to it, shall apply for recusal.
The provisions of the two preceding paragraphs apply to clerks,
interpreters, expert evaluators and persons who conduct inquests.
The recusal of the court president as the presiding judge is decided on
by the adjudication committee; the recusal of an adjudicator is decided by the
court president; the recusal of other personnel is decided by the presiding
judge. Any
party not accepting the decision may apply once for a reconsideration.
Article 56: During litigation, the enforcement of the administrative act does not
stop. But,
in any of the following situations, rule to stop the the enforcement of the
administrative act:
（1）The defendant feels
enforcement needs to stop;
（2） the plaintiff
applies for enforcement to be stopped, and the people's court finds that
enforcement of the administrative act will cause irremediable losses, and
stopping enforcement will not harm state or public interests;
（3）the people's court
finds that undertaking the administrative act will cause a major harm to
national interests or to the social public interests；
（4）laws or regulations
provide for the enforcement to be stopped.
Where a party does not accept a ruling to stop enforcement or not stop
enforcement, it may apply for a reconsideration one time.
Article 57: In cases where an administrative organ is sued for failing to pay a
survivor's pension, minimum living subsidies and workers' compensation or
medical or social insurance in accordance with law, and where the connection of
rights and obligations is clear and the plaintiff's lives will be seriously
impacted if advance enforcement is not made, a people’s court may rule for
advance enforcement in accordance with the plaintiff's request.
Where a party is unsatisfied with a ruling for advanced enforcement, it
may apply for reconsideration one time. The enforcement of the ruling does not
stop during the period of reconsideration.
Article 58: Where upon a people's court's summons, a plaintiff refuses to appear in
court without a legitimate reason, or leaves without the permission of the
court, this may be treated as awithdrawal of the lawsuit; if a defendant
refuses to appear in court without a legitimate reason or leaves without the
permission of the court, it may be ruled a default
Article 59: Where litigation participants or other persons commit any of the
following acts, the people's court may, according to the seriousness of the
circumstances, give him a reprimand, order him to sign a statement of
repentance or impose a fine of up to 10,000 yuan, or detain him or her for a
period of up to 15 days; where is constitutes a crime, criminal responsibility
shall be pursued in accordance with law:
（1）Persons with an
obligation to assist in investigation or enforcement, delay without reason,
refuse to enforce or impede the investigation or enforcement of a people's
courts' decision to assist investigation or notice of enforcement assistance;
（2）fabricating,
concealing, or destroying evidence, or providing false evidentiary materials,
impeding the people's court's trial of a case.
（3）instigating, bribing
or coercing others to give false testimony or threatening and obstructing
witnesses from giving testimony;
（4）concealing,
transferring, selling or destroying property that has been sealed, seized or
frozen;
(5) Causing the plaintiff to withdraw a lawsuit by deceit, coercion or
other illegal methods;
（6）using violence,
coercion or other means to obstruct the personnel of a people's court from
performing their duties, or disturbing the order of a people's court by means
such as causing a ruckus or charging the court;
（7）Frightening,
insulting, defaming, framing, beating or beseiging or retaliating against the
people's courts' adjudicators or other personnel, litigation participants, or
personnel who assist in the investigation and enforcement..
People's courts may fine or detain the person with principle
responsibility or other directly responsible persons at a work unit exhibiting
any of the conduct in the preceding paragraph, and where it constitutions a
crime, pursue them for criminal responsibility in accordance with law.
Fines or detention must be approved by the president of the people's
court. Where
a party is unpersuaded, it may apply for a reconsideration to the people's
court at the level above one time. Implementation does not stop during the
period of reconsideration.
Article 60: People's courts hearing administrative cases do not apply mediation. People's
courts hearing administrative cases do not apply mediation. However, cases of
administrative compensation or subsidiaries and cases where exercise discretion
provided for by laws or regulations, may be mediated.
Mediation shall abide by the principles of voluntariness and lawfulness
and must not harm the national interest, societal public interest or other
lawful rights and interests.
Article 61: In administrative litigation involving administrative licensing,
registration, expropriation and administrative organs rulings on civil
disputes, and parties apply to have the civil dispute resolved together, the
people's court may hear them together.
Where in an administrative lawsuit a people's court finds that trial of
an administrative case requires a ruling in a civil suit as its basis, it may
rule to suspend the administrative lawsuit.
Article 62: Where before a people's court announces the judgment or ruling in an
administrative case, the plaintiff applies to withdraw the suit, or if the
defendant changes the administrative act and the plaintiff agrees and applies
to withdraw the suit, the people's court rules on whether or not to grant
approval.
Article 63: People's courts hear administrative cases on the basis of laws,
administrative regulations and local regulations. Local
regulations apply to administrative cases occuring within that administrative
region.
People's courts trying administrative cases from ethnic autonomous
regions also have that ethnic autonomous region's autonomy regulations and
specific regulations of the national autonomous area as their basis.
People's courts consult rules in handling administrative cases.
Article 64: Where during people's courts' hearing of administrative cases it is
found upon review that normative document is not lawful as provided for in
article 53 of this law, it will not be a basis for determining that an
administrative act was lawful, and a recommendation will be issued to the
drafting organ.
Article 65: People's courts shall disclose judgment opinions and ruling that have
taken legal effect, for the public to read, except for those with content
touching upon state secrets, commercial secrets or personal privacy.
Article 66: Where, in trying an administrative case, a people's court finds that the
head of an administrative organ or persons with direct responsibility have
violated laws or discipline, it shall transfer the relevant materials to the
inspection organs, the administrative organ, or to the administrative organ at
the next higher level; where finding that there is criminal conduct, the
relevant materials shall be transferred to the public security and procuratorial
organs.
Where defendants who have been subpoenaed refuse to appear in court
without legitimate reasons or leave court mid-trial without the courts
permission, the people's court may public announce their refusal to appear at
court or leaving court mid-trial, and may make a judicial recommendation to the
procuratorate or the administrative organ at the level above to sanction the
principle responsible parties or directly responsible parties.
Article 67: People's courts shall, within five days after filing a case, send a copy
of the Complaint to the defendant. he defendant shall, within 15 days of
receiving the copy of the Complaint, submit to the people's court the evidence
for taking the administrative act and the normative documents on which it was
based and submit a Response. The people's court shall send a copy of
the Response to the plaintiff within five days of receiving it.
Defendants' failure to submit a Response does not affect the trial of
the case by the people's court.
Article 68: People's court hearing administrative cases, form a collegial panel of
judges or of judges and assessors. The collegial panel shall have an odd
number members, greater than three.
Article 69: Where the evidence for a administrative act was solid, the laws and
regulations applied correctly, and statutory procedures were met, or where the
plaintiff's grounds for requesting the defendant perform a legally prescribed
duty or payment obligation is not established, the people's court rules to
reject the plaintiff's claim.
Article 70: Where a administrative act has any of the following situations , the
people's court will rule to revoke or revoke in part, and may also rule for the
defendant to again take the administrative act;
（1）the principle
evidence is insufficient；
（2）the law or
regulations were applied incorrectly；
(3) violated legally prescribed procedures;
（4）Exceeded powers of
office；
(5) abused authority;
(6) clearly improper.
Article 71: Where people's courts make a judgement for the defendant to newly make
administrative acts, the defendant must not make administrative acts
essentially similar to the original administrative acts on the same facts and
reasoning.
Article 72: Where through trial, a people's court ascertain that the defendant has
not performed of a legally prescribed duty, rule that the defendant must
perform within a fixed time period.
Article 73: Where people's courts ascertain through trial that a defendant has a
payment obligation in accordance with law, rule for the defendant to fulfill
the payment obligation.
Article 74: In any of the following circumstances, people's court's make a judgment
confirming illegality, but not revoking the administrative act:
(1) According to law, the administrative act shall be revoked, but the
revocation thereof will cause significant harm to national interests or
interests of the societal public.
(2) The administrative action's procedures were slightly unlawful, but
did not cause actual impact on the rights of the plaintiff;
Where an administrative act has any of the following situations and it
is not necessary to revoke the act or make a judgment for performance, the
people's courts will rule confirming the unlawfulness:
(1) The administrative act is unlawful , but there is no revocable
content;
(2) The defendant changes the originally unlawful administrative act,
and the plaintiff still requests a confirmation that the original
administrative act was unlawful;
(3) The defendant does not perform or delays performance of a legally
prescribed duty, and a judgment for performance would be meaningless.
Article 75: The judgment of the people's court will be invalidated if the plaintiff
applies to have an administrative action recognized as invalid due to the
action being executed by an entity which is not a qualified administrative
entity, the action lacking basis, or other significant and obviously illegal
circumstances.
Article 76: Where people's courts make a judgment confirming illegality or
invalidity, they may make a judgment ordering the defendant to adopt remedial
measures at the same time; where harm was caused to the plaintiff make a
judgment that the defendant bears responsibility for compensation in accordance
with law.
Article 77: Where an administrative punishment is manifestly improper, or other
administrative acts confirmation or determination of dollar amounts is clearly
in error, the people's courts may make a judgment to modify it.
Modification of a people's court's judgment must not increase the
plaintiff's obligations or decrease the plaintiff's rights and interests.Except,
however, where an interested party is also a plaintiff with opposite claims.
Article 78: Where the defendant does not perform on, does not perform as agreed on,
or modifies or ends an agreement provided for in article 12 paragraph 1 item
11; the people's court make a judgment that the defendant has responsibilities
such as to continue performance, adopt remedial measures, or compensate damages.
Where the defendant's modification or ending of an agreement provided
for in article 12 paragraph one item 11 of this law was legal, but they failed
to give compensation, the people's court will make a judgment for compensation.
Article 79: In cases where the reconsideration organ and the administrative organ
that made the original administrative act are joint defendants, people's courts
shall make rulings on the reconsideration decision and the original
administrative act together.
Article 80: Cases publicly and privately tried by the people's courts will all
,without exception, have the judgment announced publicly.
Where the judgment is announced in court, the written judgment opinion
shall be sent within 10 days; where judgment is made at a fixed time, the
written judgment opinion is sent immediately following the announcement.
When announcing a judgment, parties must be informed of their right to
appeal, the period for appeal and the people's court for appeals.
Article 81: The people's court shall make a first-instance judgment within six
months from the day of filing the case. Where special circumstances require an
extension, it is approved by a high people's court; where an extension is
needed in a first-instance case tried by a high people's court, it is approved
by the Supreme People's Court.
Article 82: Where people's courts hearing any of the following first-instance
administrative cases, find that the facts are clear. the rights and obligations
clear, and the controversy is not large, they may apply simplified procedures:
(1) the challenged executive action was made on the spot in accordance
with law;
（2）the amount involved
in the case is less than 2000 yuan；
(3) It is a government information disclosure case.
In addition to the first-instance administrative cases provided for
above, simplified procedures may be applied where all parties agree to apply
the simplified procedures.
Remands for new trial and retrials in accordance with trial supervision
do not apply the simplified procedures.
Article 83: A single judge will handle administrative cases that apply the
simplified procedures, and a judgment should be reached within forty five days
from the day of filing the case.
Article 84: Peoples courts discovering in the course of trial that the case is unsuitable
for applying the simplified procedures rule to change it to ordinary procedures.
Article 85: Where a party does not accept a people's court's first-instance judgment
, it has the right to file an appeal with the people's court at the level above
within 15 days after the service of the written judgment opinion. Where a
party does not accept a people's court's first-instance ruling , it has the
right to file an appeal with the people's court at the level above within 10
days after the service of the written ruling. Where no timely appeal is raised, the
first-instance judgment or ruling of the people's court shall take legal effect.
Article 86: For appeals cases, people's courts shall form a collegial panel and hold
in-court trial sessions. Where upon review of the case file,
investigation and questioning the parties, the people's court may decide not to
hold in-court trial sessions where no new facts, evidence or reasoning has been
submitted and the collegial panel feels it is not necessary to hold in-court
proceedings.
Article 87: People's courts trying appeals cases shall conduct a comprehensive
review of the original people's court's judgment or ruling and shall the
challenged administrative acts.
Article 88: People's courts hearing appeals cases shall make a final judgment within
three months from the day of receiving the appeal.Where an extension of the
time limit is necessary due to special circumstances, the high people's court
approves it; where an extension of the time limit for handling an appeals case
by a higher people's court is necessary, the Supreme People's Court approves it.
Article 89: People's courts hearing appellate cases, handle them distinctly
according to the following situations：
（1）Where the ascertained
facts are clear and the laws and regulations correctly applied in the original
judgment or ruling, a judgment or ruling is made that the appeal is rejected
and the original judgment or ruling shall be upheld;
（2）Where there is an
error in the ascertained facts or the law and regulations are incorrectly
applied in the original judgment or ruling, the judgment shall be amended,
revoked or modified according to law ;
（3）Where the fundamental
facts ascertained are unclear or the evidence insufficient in the original
judgment, remand to the original people's court for a new trial or change the
judgment after reviewing and clarifying the facts.
（4）Where the original
judgment had serious violations of statutory procedures such as omitting a party
or not allowing attendance at a meeting, rule to revoke the original judgment
and remand to the original people's court for new trial.
Where after the original people's court issues a judgment on a case
remanded for new trial, a party raises an appeal, the second-instance court
must not remand for new trial again.
Where people's courts trying appeals cases need to change the original
tiral judgment, they shall make a judgment on the challenged administrative act
at the same time.
Article 90: Where a party feels that a judgment or ruling which has already taken
effect truly contains error, they may apply to the people's court at the level
above for a new trial, but the enforcement of the judgment or ruling is not be
suspended.
Article 91: Where a party's application is eligible for one of the following
situations, the people's courts shall have a retrial:
（1）where not filing or
rejecting the lawsuit was in error；
（2）where there is new
evidence sufficient to overturn the original judgment or ruling；
（3）where the principle
evidence for ascertaining facts in the original judgment or ruling was
insufficient, was not debated in court or was fabricated；
（4）where the application
of laws and regulations in the original judgment or ruling was truly incorrect.
（5）Where there were
violations of legally provided procedures that might impact fair trial；
（6）The original judgment
or ruling omitted a litigation demand ；
（7）the legal documents
on which the original judgment or ruling was based have been annulled or
modified；
(8) While hearing the case, adjudicators were corrupt or took bribes,
used acted for personal gain, or abused the law in a capricious and arbitrary
manner.
Article 92: Where court presidents of any level of people's court discover any of
the circumstances provided for in article 91 of this law in a judgement or
ruling of that court which has already taken legal effect, or discover that
mediation was contrary to the principle of voluntariness or that a mediation
document has unlawful content, and feel that a retrial is necessary; they shall
submit it to the adjudication committee for discussion and decision.
If the Supreme People’s Court finds any of the circumstances provided
for in article 91 of this law or finds that mediation was involuntary or a
mediation agreement is unlawful in the judgment or ruling of local people’s
courts at any level that has already become legally effective, or a people's
court at a higher level finds any error in the judgment or ruling of a people’s
court at a lower level that has become legally effective, the Supreme People’s
Court or the higher level people’s court has the right to bring up the case for
trial by itself or direct the people's court at a lower level to retry the case.
Article 93: Where any of the circumstances provided for in Article 91 of this Law,
or a mediation agreement that endangers national or societal public interests,
is discovered by the Supreme People’s Procuratorate in a legally effective
judgment or ruling of the any level of people’s court , or is dicovered by a
people’s procuratorate at a higher level in the legally effective judgment or
ruling of a people’s court at a lower level, they shall file a counter-appeal.
Where a local people's procuratorate at any level discovers that a
legally effective judgment or ruling of the people's court at the same level
has one of the situations provided in Article 91 or that its mediation document
would endanger national or public interests, the procuratorate can submit its
proposal to the people's court at that level and file it with the people's
procuratorate at the next highest level. A request can be made to the people's
procuratorate at the next highest level to lodge a counter suit with the
people's court at that level.
People's procuratorates at all levels have the right to submit
prosecutorial suggestions to the people's court at the same level regarding
unlawful conduct of trial adjudication personnel in trial procedures that is
outside the trial supervision procedures.
Article 94: Parties must perform on effective judgments, rulings and mediation
documents from the people's courts.
Article 95: If a citizen, legal person or other organization refuses to perform on
the judgment, ruling or mediation document, the administrative organ or a third
person may apply to the people's court of first-instance to compell enforcement
or the administrative organ may proceed with compulsory enforcement in
accordance with law.
Article 96: Where administrative organs refuse to perform on a judgment, ruling, or
mediation document, the people's court of first-instance may adopt the
following measures:
（1）inform the bank to
transfer from the administrative organ's account the amount that shall be
returned or the damages that shall be paid;；
（2）Where they have not
performed within the time limits provided, fine the responsible party at the
administrative organ 50-100 yuan per day, beginning on the day the period
became completed.
（3）Publicly announce the
administrative organ's refusal to perform;
(4) Submit a judicial recommendation to the procuratorate or the
administrative organ at the level above this administrative organ. The
organ that accepts the judicial proposal shall deal with the matter in
accordance with the relevant provisions and inform the people's court of its
disposition;
（5）Where refusal to
perform on a judgment, ruling or mediation agreement has a repugnant social
impact, the persons at the administrative organ with direct principle
responsibility and other responsible persons may be take into custody, and
where the circumstances are serious and a crime is constituted , be pursued for
criminal liability in accordance with law.
Article 97: Where citizens, legal persons or other organizations neither bring a
lawsuit nor perform on a administrative act, the administrative organ may apply
to a people's court for compulsory enforcement, or compel enforcement in accordance
with law.
Article 98: This Law applies to foreign nationals, stateless persons, and foreign
organizations that engage in administrative suits in the People's Republic of
China. Except
as otherwise provided for by law.
Article 99: Foreign nationals, stateless persons, and foreign organizations that
engaged in administrative litigation in the People's Republic of China shall
have the same procedural rights and obligations as citizens and organizations
of the People's Republic of China.
Should the courts of a foreign country impose restrictions on the
administrative litigation rights of the citizens and organizations of the
People's Republic of China, the Chinese people's courts shall follow the
principle of reciprocity regarding the administrative litigation rights of the
citizens and organizations of that foreign country.
Article 100: Where foreign nationals, stateless persons, and foreign organizations
retain lawyers to conduct administrative litigation in the People's Republic of
China, they shall retain lawyers of a lawyers organization of the People's
Republic of China.
Article 101: Where this law lacks provisions such as on the time limitations, service
of documents, preservation of property, trial, meditation, stay of proceedings,
halting proceedings, simplified procedures, and execution during the trial of
administrative cases by people's courts, as well as those on the people's
procuratorate's supervision of the acceptance, trial, judgment, and execution
of these cases, the relevant provisions of the Civil Procedure Law shall be
applied.
Article 102: People's courts hearing administrative cases shall collect litigation
fees. Litigation
expenses are borne by the losing side, and by both sides where both sides have
responsibility. Specific
methods for charging litigation fees shall be provided separately.
Article 103: This law takes force on October 1, 1990,
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