The National People’s Congress Order of the President of the People’s Republic of China No.16 The Administrative Procedure Law of the People’s Republic of China which has been adopted at the Second Session of the Seventh National President of the People’s Republic of China: Yang Shangkun April 4, 1989 Administrative Procedure Law of the People’s Republic of China ContentsChapter I General Provisions Chapter II Scope of Accepting Cases Chapter III Jurisdiction Chapter IV Participants in Proceedings Chapter V Evidence Chapter VI Bringing a Suit and Accepting a Case Chapter VII Trial and Judgment Chapter VIII Execution Chapter IX Liability for Compensation or Infringement of Rights Chapter X Administrative Procedure Involving Foreign Interests Chapter XI Supplementary Provisions Chapter I General Provisions Article 1 Pursuant to the Constitution, this Law is enacted for the purpose of ensuring the correct and prompt handling of administrative cases Article 2 If a citizen, a legal person or any other organization considers that his or its lawful rights and interests have been infringed upon Article 3 The people’s courts shall, in accordance with the law, exercise judicial power independently with respect to administrative cases, The people’s courts shall set up administrative divisions for the handling of administrative cases. Article 4 In conducting administrative proceedings, the people’s courts shall base themselves on facts and take the law as the criterion. Article 5 In handling administrative cases, the people’s courts shall examine the legality of specific administrative acts. Article 6 In handling administrative cases, the people’s courts shall, as prescribed by law, apply the systems of collegial panel, withdrawal Article 7 Parties to an administrative suit shall have equal legal positions. Article 8 Citizens of all nationalities shall have the right to use their native spoken and written languages in administrative proceedings. In an area where people of a minority nationality live in concentrated communities or where a number of nationalities live together, The people’s courts shall provide interpretation for participants in proceedings who do not understand the language or languages commonly Article 9 Parties to an administrative suit shall have the right to debate. Article 10 The people’s procuratorates shall have the right to exercise legal supervision over administrative proceedings. Chapter II Scope of Accepting Cases Article 11 The people’s courts shall accept suits brought by citizens, legal persons or other organizations against any of the following specific (1) an administrative sanction, such as detention, fine, rescission of a license or permit, order to suspend production or business or (2) a compulsory administrative measure, such as restricting freedom of the person or the sealing up, seizing or freezing of property, (3) infringement upon one’s managerial decision-making powers, which is considered to have been perpetrated by an administrative organ; (4) refusal by an administrative organ to issue a permit or license, which one considers oneself legally qualified to apply for, or its (5) refusal by an administrative organ to perform its statutory duty of protecting one’s rights of the person and of property, as one (6) cases where an administrative organ is considered to have failed to issue a pension according to law; (7) cases where an administrative organ is considered to have illegally demanded the performance of duties; and (8) cases where an administrative organ is considered to have infringed upon other rights of the person and of property. Apart from the provisions set forth in the preceding paragraphs, the people’s courts shall accept other administrative suits which Article 12 The people’s courts shall not accept suits brought by citizens, legal persons or other organizations against any of the following (1) acts of the state in areas like national defence and foreign affairs; (2) administrative rules and regulations, regulations, or decisions and orders with general binding force formulated and announced by (3) decisions of an administrative organ on awards or punishments for its personnel or on the appointment or relief of duties of its personnel; (4) specific administrative acts that shall, as provided for by law, be finally decided by an administrative organ. Chapter III Jurisdiction Article 13 The basic people’s courts shall have jurisdiction as courts of first instance over administrative cases. Article 14 The intermediate people’s courts shall have jurisdiction as courts of first instance over the following administrative cases: (1) cases of confirming patent rights of invention and cases handled by the Customs; (2) suits against specific administrative acts undertaken by departments under the State Council or by the people’s governments of provinces, (3) grave and complicated cases in areas under their jurisdiction. Article 15 The higher people’s courts shall have jurisdiction as courts of first instance over grave and complicated administrative cases in Article 16 The Supreme People’s Court shall have jurisdiction as a court of first instance over grave and complicated administrative cases in Article 17 An administrative case shall be under the jurisdiction of the people’s court in the locality of the administrative organ that initially Article 18 A suit against compulsory administrative measures restricting freedom of the person shall be under the jurisdiction of a people’s Article 19 An administrative suit regarding a real property shall be under the jurisdiction of the people’s court in the place where the real Article 20 When two or more people’s courts have jurisdiction over a suit, the plaintiff may have the option to bring the suit in one of these Article 21 If a people’s court finds that a case it has accepted is not under its jurisdiction, it shall transfer the case to the people’s court Article 22 If a people’s court which has jurisdiction over a case is unable to exercise its jurisdiction for special reasons, a people’s court If a dispute arises over jurisdiction between people’s courts, it shall be resolved by the parties to the dispute through consultation. Article 23 People’s courts at higher levels shall have the authority to adjudicate administrative cases over which people’s courts at lower levels If a people’s court deems it necessary for an administrative case of first instance under its jurisdiction to be adjudicated by a Chapter IV Participants in Proceedings Article 24 A citizen, a legal person or any other organization that brings a suit in accordance with this Law shall be a plaintiff. If a citizen who has the right to bring a suit is deceased, his near relatives may bring the suit. If a legal person or any other organization that has the right to bring a suit terminates, the legal person or any other organization Article 25 If a citizen, a legal person or any other organization, brings a suit directly before a people’s court, the administrative organ that For a reconsidered case, if the organ that conducted the reconsideration sustains the original specific administrative act, the administrative If two or more administrative organs have undertaken the same specific administrative act, the administrative organs that have jointly If a specific administrative act has been undertaken by an organization authorized to undertake the act by the law or regulations, If a specific administrative act has been undertaken by an organization as entrusted by an administrative organ, the entrusting organ If an administrative organ has been abolished, the administrative organ that carries on the exercise of functions and powers of the Article 26 A joint suit shall be constituted when one party or both parties consist of two or more persons and the administrative cases are against Article 27 If any other citizen, legal person or any other organization has interests in a specific administrative act under litigation, he or Article 28 Any citizen with no capacity to take part in litigation shall have one or more legal representatives who will act on his behalf in Article 29 Each party or legal representative may entrust one or two persons to represent him in litigation. A lawyer, a public organization, a near relative of the citizen bringing the suit, or a person recommended by the unit to which the Article 30 A lawyer who serves as an agent ad litem may consult materials pertaining to the case in accordance with relevant provisions, and With the approval of the people’s court, parties and other agents ad litem may consult the materials relating to the court proceedings Chapter V Evidence Article 31 Evidence shall be classified as follows: (1) documentary evidence; (2) material evidence; (3) audio-visual material; (4) testimony of witnesses; (5) statements of the parties; (6) expert conclusions; and (7) records of inquests and records made on the scene. Any of the above-mentioned evidence must be verified by the court before it can be taken as a basis for ascertaining a fact. Article 32 The defendant shall have the burden of proof for the specific administrative act he has undertaken and shall provide the evidence Article 33 In the course of legal proceedings, the defendant shall not by himself collect evidence from the plaintiff and witnesses. Article 34 A people’s court shall have the authority to request the parties to provide or supplement evidence. A people’s court shall have the authority to obtain evidence from the relevant administrative organs, other organizations or citizens. Article 35 In the course of legal proceedings, when a people’s court considers that an expert evaluation for a specialized problem is necessary, Article 36 Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain later on, the participants Chapter VI Bringing a Suit and Accepting a Case Article 37 A citizen, a legal person or any other organization may, within the scope of cases acceptable to the people’s courts, apply to an In circumstances where, in accordance with relevant provisions of laws or regulations, a citizen, a legal person or any other organization Article 38 If a citizen, a legal person or any other organization applies to an administrative organ for reconsideration, the organ shall make If the administrative organ conducting the reconsideration fails to make a decision on the expiration of the time limit, the applicant Article 39 If a citizen, a legal person or any other organization brings a suit directly before a people’s court, he or it shall do so within Article 40 If a citizen, a legal person or any other organization fails to observe the time limit prescribed by law due to force majeure or other Article 41 The following requirements shall be met when a suit is brought: (1) the plaintiff must be a citizen, a legal person or any other organization that considers a specific administrative act to have infringed (2) there must be a specific defendant or defendants; (3) there must be a specific claim and a corresponding factual basis for the suit; and (4) the suit must fall within the scope of cases acceptable to the people’s courts and the specific jurisdiction of the people’s court Article 42 When a people’s court receives a bill of complaint, it shall, upon examination, file a case within seven days or decide to reject Chapter VII Trial and Judgment Article 43 A people’s court shall send a copy of the bill of complaint to the defendant within five days of filing the case. The defendant shall Failure by the defendant to file a bill of defence shall not prevent the case from being tried by the people’s court. Article 44 During the time of legal proceedings, execution of the specific administrative act shall not be suspended. Execution of the specific (1) where suspension is deemed necessary by the defendant; (2) where suspension of execution is ordered by the people’s court at the request of the plaintiff because, in the view of the people’s (3) where suspension of execution is required by the provisions of laws or regulations. Article 45 Administrative cases in the people’s courts shall be tried in public, except for those that involve state secrets or the private affairs Article 46 Administrative cases in the people’s courts shall be tried by a collegial panel of judges or of judges and assessors. The number of Article 47 If a party considers a member of the judicial personnel to have an interest in the case or to be otherwise related to it, which may If a member of the judicial personnel considers himself to have an interest in the case or to be otherwise related to it, he shall The provisions of the two preceding paragraphs shall apply to court clerks, interpreters, expert witnesses and persons who conduct The withdrawal of the president of the court as the chief judge shall be decided by the court’s adjudication committee; the withdrawal Article 48 If the plaintiff refuses to appear in court without justified reasons after being twice legally summoned by the people’s court, the Article 49 If a participant in the proceedings or any other person commits any of the following acts, the people’s court may, according to the (1) evading without reason, refusing to assist in or obstructing the execution of the notice of a people’s court for assistance in its (2) forging, concealing or destroying evidence; (3) instigating, suborning or threatening others to commit perjury or hindering witnesses from giving testimony; (4) concealing, transferring, selling or destroying the property that has been sealed up, seized or frozen; (5) using violence, threats or other means to hinder the personnel of a people’s court from performing their duties or disturbing the (6) insulting, slandering, framing, beating or retaliating against the personnel of a people’s court, participants in proceedings or personnel A fine or detention must be approved by the president of a people’s court. Parties who refuse to accept the punishment decision may Article 50 A people’s court shall not apply conciliation in handling an administrative case. Article 51 Before a people’s court announces its judgment or order on an administrative case, if the plaintiff applies for the withdrawal of Article 52 In handling administrative cases, the people’s courts shall take the law, administrative rules and regulations and local regulations In handling administrative cases of a national autonomous area, the people’s courts shall also take the regulations on autonomy and Article 53 In handling administrative cases, the people’s courts shall take, as references, regulations formulated and announced by ministries If a people’s court considers regulations formulated and announced by a local people’s government to be inconsistent with regulations Article 54 After hearing a case, a people’s court shall make the following judgments according to the varying conditions: (1) If the evidence for undertaking a specific administrative act is conclusive, the application of the law and regulations to the act (2) If a specific administrative act has been undertaken in one of the following circumstances, the act shall be annulled or partially a. inadequacy of essential evidence; b. erroneous application of the law or regulations; c. violation of legal procedure; d. exceeding authority; or e. abuse of powers. (3) If a defendant fails to perform or delays the performance of his statutory duty, a fixed time shall be set by judgment for his performance (4) If an administrative sanction is obviously unfair, it may be amended by judgment. Article 55 A defendant who has been judged by a people’s court to undertake a specific administrative act anew must not, based on the same fact Article 56 In handling administrative cases, if a people’s court considers the head of an administrative organ or the person directly in charge Article 57 A people’s court shall pass a judgment of first instance within three months from the day of filing the case. Extension of the time Article 58 If a party refuses to accept a judgment of first instance by a people’s court, he shall have the right to file an appeal with the Article 59 A people’s court may handle an appealed case by examining the court records, if it considers the facts clearly ascertained. Article 60 In handling an appealed case, a people’s court shall make a final judgment within two months from the day of receiving the appeal. Article 61 A people’s court shall handle an appealed case respectively according to the conditions set forth below: (1) if the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment, the appeal shall (2) if the facts are clearly ascertained but the law and regulations are incorrectly applied in the original judgment, the judgment shall (3) if the facts are not clearly ascertained in the original judgment or the evidence is insufficient, or a violation of the prescribed Article 62 If a party considers that a legally effective judgment or order contains some definite error, he may make complaints to the people’s Article 63 If the president of a people’s court finds a violation of provisions of the law or regulations in a legally effective judgment or If a people’s court at a higher level finds a violation of provisions of the law or regulations in a legally effective judgment or Article 64 If the people’s procuratorate finds a violation of provisions of the law or regulations in a legally effective judgment or order of Chapter VIII Execution Article 65 The parties must perform the legally effective judgment or order of the people’s court. If a citizen, a legal person or any other If an administrative organ refuses to perform the judgment or order, the people’s court of first instance may adopt the following (1) informing the bank to transfer from the administrative organ’s account the amount of the fine that should be returned or the damages (2) imposing a fine of 50 to 100 yuan per day on an administrative organ that fails to pe
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