1989年4月4日第七届全国人民代表大会第二次会议通过 根据2014年11月1日第十二届全国人民代表大会常务委员会第十一次会议《关于修改〈中华人民共和国行政诉讼法〉的决定》第一次修正 根据2017年6月27日第十二届全国人民代表大会常务委员会第二十八次会议《关于修改〈中华人民共和国民事诉讼法〉和〈中华人民共和国行政诉讼法〉的决定》第二次修正
Administrative Procedure Law of the People's Republic of China (Revised in 2017)
（1989年4月4日第七届全国人民代表大会第二次会议通过 根据2014年11月1日第十二届全国人民代表大会常务委员会第十一次会议《关于修改〈中华人民共和国行政诉讼法〉的决定》第一次修正 根据2017年6月27日第十二届全国人民代表大会常务委员会第二十八次会议《关于修改〈中华人民共和国民事诉讼法〉和〈中华人民共和国行政诉讼法〉的决定》第二次修正）
(Adopted at the 2nd Session of the 7th National People 's Congress on April 4, 1989; amended for the first time according to the Decision on Revising the Administrative Procedure Law of the People's Republic of China at the 11th Session of the Standing Committee of the 12th National People's Congress on November 1, 2014; and amended for the second time according to the Decision on Revising the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China at the 28th Session of the Standing Committee of the 12th National People's Congress on June 27, 2017)
第一章 总 则
Chapter 1 General Provisions
Chapter 2 Scope of Case
第三章 管 辖
Chapter 3 Jurisdiction
Chapter 4 Participants in Legal Actions
第五章 证 据
Chapter 5 EVIDENCE
Chapter 6 PROSECUTION AND HEARING
Chapter 7 Trial and Judgment
Section 1 General Provisions
Section 2 Ordinary Procedure at First Instance
Section 3 Summary Procedure
Section 4 Procedure at Second Instance
Section 5 Procedure for Trial Supervision
第八章 执 行
Chapter 8 Enforcement
Chapter 9 Foreign-related Administrative Litigation
第十章 附 则
Chapter 10 Supplementary Provisions
第一章 总 则
Chapter 1 General Provisions
Article 1 In accordance with the Constitution, this Law is enacted for the purpose of ensuring the impartial and timely hearing of administrative cases and settlement of administrative disputes by people's courts, protecting the lawful rights and interests of citizens, legal persons and other organizations and supervising the exercise of functions and powers by administrative organs in accordance with the law.
Article 2 Where citizens, legal persons or other organizations which consider that administrative acts of administrative organs or their personnel have infringed their legitimate rights and interests, they shall have the right to institute proceedings in people's courts according to this Law.
An administrative act referred to in the preceding paragraph shall include an administrative act made by an organisation authorised by laws, regulations and rules.
Article 3 A people's court shall guarantee the rights of citizens, legal persons and other organizations to file a lawsuit and shall accept an administrative case that shall be accepted in accordance with the law.
Administrative organs and their personnel shall not intervene or hamper the acceptance of administrative cases by a people's court.
The person in charge of an administrative organ sued shall appear in court. If he cannot appear in court, he shall appoint the corresponding personnel of the administrative organ to appear in court.
Article 4 A people's court shall hear administrative cases independently in accordance with the law and shall not be subject to interference from any administrative organ, social organization or individual.
A people's court shall set up an administrative tribunal to hear administrative cases.
Article 5 People's courts shall hear administrative cases based on the facts of such cases and in accordance with the law.
Article 6 In hearing administrative cases, people's courts shall examine the legality of administrative acts.
Article 7 In hearing administrative cases, people's courts shall implement a collegiate system, a challenge system, a system of public hearings and a system of the court of second instance being the court of last instance according to the law.
Article 8 Parties to administrative proceedings shall have equal legal status.
Article 9 Citizens of all nationalities shall have the right to use their native spoken and written languages in administrative proceedings.
Where minority nationalities live in concentrated communities or where several nationalities live together in one area, the people's courts shall conduct hearings and issue legal documents in the spoken and written languages commonly used by the local nationalities.
The people's courts shall provide translations for any participant in the proceedings who is not familiar with the spoken or written languages commonly used by the local nationalities.
Article 10 Parties to administrative proceedings shall have the right to engage in debate.
Article 11 People's procuratorates shall have the right to exercise legal supervision over administrative proceedings.
Chapter 2 Scope of Case
Article 12 A people's court shall accept the following types of proceedings instituted by citizens, legal persons or other organizations that:
1. are dissatisfied with an administrative penalty such as administrative detention, suspension or revocation of a permit or license, an order to suspend production or business activities, confiscation of illegal gains or property, imposition of a fine and warning;
(II) refusing to accept a compulsory administrative measure or administrative execution, such as restriction of personal freedom or sealing up, seizing or freezing property;
3. in case of an application for administrative licensing, are dissatisfied with the administrative organs' refusal to accept or failure to respond to the application within a legal time limit, or with other decisions made by the administrative organs on administrative licensing;
(IV) refuse to accept decisions made by administrative organs concerning the right of ownership in or the right to the use of natural resources such as land, mineral resources, waters, forests, mountains or hills, grasslands, wasteland, tidal flats and sea areas;
(V) are dissatisfied with the decisions on expropriation, requisition and compensation therefor;
6. in case of an application for performance of the statutory duties to protect the personal right and property right as well as other legitimate rights and interests by the administrative organs, are dissatisfied with the administrative organs' refusal to perform or to respond to the application;
(VII) consider that the administrative organs have infringed their autonomy in management or rural land contractual management right and rural land management right;
(VIII) consider that the administrative organs abuse administrative powers to eliminate or restrict competition;
(IX) consider that the administrative organs raise funds, amortize expenses or require them to perform other obligations in an illegal way;
(X) consider that the administrative organs fail to pay pensions, the subsistence allowances or social insurance benefits in accordance with the law;
(XI) consider that the administrative organs fail to perform in accordance with the law or the agreement, or illegally change or terminate government franchise agreements, agreements on land and house expropriation and compensation and other agreements; or
(XII) consider that the administrative organs have infringed other legitimate rights and interests such as personal rights and property rights.
In addition to the provisions in the preceding paragraph, people's courts shall accept other administrative cases for which proceedings may be instituted under laws and regulations.
Article 13 People's courts shall not accept the proceedings instituted by citizens, legal persons or other organizations for the following matters:
1. acts of the State in areas such as national defence and foreign affairs;
2. administrative rules and regulations, or decisions and orders with general binding force formulated and promulgated by administrative organs;
(III) decisions of administrative organs to reward, punish, appoint or dismiss personnel of administrative organs; and
(IV) administrative acts for which the law provides that final adjudication is to be conducted by administrative organs.
第三章 管 辖
Chapter 3 Jurisdiction
Article 14 The basic people's courts shall have jurisdiction as courts of first instance over administrative cases.
Article 15 Intermediate people's courts shall have jurisdiction over the following administrative cases of first instance:
1. proceedings instituted against the administrative acts of any department under the State Council or the people's government at county level or above;
2. cases handled by the customs;
3. grave and complicated cases which arise in their areas of jurisdiction; and
(IV) other cases under the jurisdiction of the intermediate people's courts as stipulated by law.
Article 16 Higher people's courts shall have jurisdiction as courts of first instance over grave and complicated administrative cases in areas under their jurisdiction.
Article 17 The Supreme People's Court shall have jurisdiction as a court of first instance over grave and complicated administrative cases in the whole country.
Article 18 Jurisdiction over administrative cases shall be exercised by the people's court at the place where the administrative organ which originally performed the administrative act (from which the case arose) is located. For cases which have been reconsidered, jurisdiction over such cases may be exercised by the people's court at the place where such reconsideration organ is located.
Upon the approval of the Supreme People's Court, a higher people's court may, according to the actual situation of the trial, determine several people's courts to have cross-regional jurisdiction over administrative cases.
Article 19 Jurisdiction over cases arising from dissatisfaction with administrative orders which restrict personal freedom shall be exercised by the people's court at the place of residence of the defendant or plaintiff.
Article 20 Jurisdiction over administrative litigation involving real property shall be exercised by the people's court at the place where the real property is located.
Article 21 When two or more people's courts have jurisdiction over a case, the plaintiff may have the option to bring the suit in one of these people's courts. Where the plaintiff institutes proceedings in two or more people's courts with jurisdiction, the people's court that first places the case on its trial docket shall have jurisdiction.
Article 22 If a people's court finds that a case it has entertained is not under its jurisdiction, it shall refer the case to the people's court that has jurisdiction over the case. The people's court to which a case has been referred shall entertain the case, and if it considers that, according to the relevant regulations, the case referred to it is not under its jurisdiction, it shall report to a superior people's court for the designation of jurisdiction and shall not independently refer the case again to another people's court.
Article 23 If, due to special reasons, a people's court with jurisdiction over a case is not in a position to exercise such jurisdiction, a superior people's court shall designate jurisdiction.
If a dispute arises over jurisdiction between people's courts, it shall be resolved by the parties to the dispute through consultation. If the consultation fails, it shall be reported to a people’s court superior to the courts in dispute for the designation of jurisdiction.
Article 24 People's courts at higher levels shall have the power to hear administrative cases over which people's courts at lower levels have jurisdiction as courts of first instance.
If a lower level people's court considers that an administrative case of first instance within its jurisdiction shall be tried by or subject to a jurisdiction designated by a higher level people's court, it may report to a higher level people's court for decision.
Chapter 4 Participants in Legal Actions
Article 25 The concerned person to an administrative act and other citizens, legal persons or other organizations that have an interest in the administrative act are entitled to institute proceedings.
If a citizen who has the right to bring a suit is deceased, his near relatives may bring the suit.
Where legal persons or other organizations which have the right to institute proceedings are terminated, the legal persons or other organizations which succeed to their rights may institute proceedings.
Where the people's procuratorate finds that administrative organs responsible for the supervision and management of such areas as the ecological environment and resources protection, food and drug safety, state-owned assets protection and grant of land use rights for state-owned land perform duties unlawfully or omit to perform duties, infringing upon the national or public interests, it may institute a procuratorial proposal to the administrative authority to urge such authority to perform its duty in accordance with the law. If such administrative authority fails to perform its duty in accordance with the law, the people's procuratorate shall institute a lawsuit to the people's court.
Article 26 Defendants shall be the administrative organs which performed the administrative act (which are the subjects of the proceedings) where citizens, legal persons or other organizations directly institute proceedings in people's courts.
For cases which have been reconsidered, where the reconsideration organ decides to uphold the original decision, the co-defendants shall be the administrative organ which performed the original administrative act and the reconsideration organ. Where the reconsideration organ orders the amendment of the original administrative act, the defendant shall be such reconsideration organ.
Where a reconsideration organ fails to make a reconsideration decision within the statutory period, and citizens, legal persons or other organizations sue the original administrative act, the defendant is the administrative organ which performed the original administrative act; where the reconsideration organ is accused of dereliction of duty, the defendant shall be such reconsideration organ.
Where two or more administrative organs perform the same administrative act, the administrative organs that jointly performed the administrative act shall be co-defendants.
Where the administrative act is performed by an organization entrusted by an administrative organ, such organ shall be the defendant.
Where an administrative organ is dissolved or its functions and powers are changed, the administrative organ which continues to exercise the original organ's functions and powers shall be the defendant.
Article 27 Administrative cases arising from the same or similar administrative act shall be deemed to be cases of joint litigation where one party or both parties consist of two or more persons, the people's court considers that the cases can be jointly heard and the parties concerned agree.
Article 28 If the persons comprising a party to a joint action is large in number, the party may elect representatives from among themselves to act for them in the litigation. The acts of such representatives in the litigation shall be valid for the party they represent. However, modification or waiver of claims or admission of the claims of the other party by the representatives shall be subject to the consent of the party they represent.
Article 29 Citizens, legal persons or other organizations that have an interest in an administrative act against which proceedings are instituted and fail to institute proceedings, or that have an interest in the outcomes of a case, may apply to participate in the proceedings as third parties or may be ordered by people's courts to participate in the proceedings.
A third party who is ruled by a people's court to bear an obligation or have its rights or interests undermined is entitled to institute an appeal in accordance with the law.
Article 30 Where a citizen has no capacity to institute proceedings, his statutory agents shall commence proceedings on his behalf. If the statutory agents try to shift responsibility as agents ad litem upon one another, the people's court shall appoint one of them to represent the person in litigation.
Article 31 Parties and statutory agents may entrust one to two agents ad litem.
The following persons may be entrusted as agents ad litem:
1. lawyers and law service providers at the grass-roots level;
2. close relatives or employees of the parties; and
3. citizens recommended by the community where the party resides, the employer of the party or any other social organization concerned.
Article 32 Lawyers acting as agents ad litem are entitled to gain access to or copy any information relating to the case in question according to the relevant provisions and are entitled to investigate and collect evidence related to the case from organizations and citizens concerned. The confidentiality of state secrets, trade secrets and personal privacy shall be maintained in accordance with the law.
The parties and other agents ad litem are entitled to gain access to or copy the court trial-related documents concerning the case in question according to the relevant provisions, except for information involving state and commercial secrets and individual privacy.
第五章 证 据
Chapter 5 EVIDENCE
Article 33 The evidence shall include:
1. documentary evidence;
2. physical evidence;
(III) audio-visual materials;
(IV) electronic data;
(V) testimony of witnesses;
(VI) statements of parties;
(VII) expert opinions; and
(VIII) written 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 34 A defendant shall bear the burden of proof in respect of its administrative act, and provide evidence of having performed such administrative act and the normative documents on which such administrative act is based.
Where the defendant fails to provide evidence or provides evidence beyond the specified period without justified reasons, it shall be deemed that there is no corresponding evidence. However, if the administrative act against which proceedings are instituted involves the legitimate rights and interests of a third party, the evidence provided by the third party shall be an exception.
Article 35 During the proceedings, the defendant and its agent ad litem may not collect evidence from the plaintiff, third party or witness (es) on its own initiative.
Article 36 Where the defendant has already collected the evidence before performing an administrative act but is unable to provide it as a result of force majeure or for other legitimate reasons, the defendant may provide the said evidence later upon the approval of the people's court.
Where the plaintiff or the third party presents the reasons or evidence not presented during the administrative handling progress, the defendant may supplement the evidence upon the approval of the people's court.
Article 37 A plaintiff may provide the evidence proving that an administrative act is illegal. Where the evidence provided by the plaintiff is false, the defendant shall not be exempted from the burden of proof.
Article 38 In a case in which the defendant is sued for non- performance of statutory duties, the plaintiff shall provide the evidence proving that it has ever applied to the defendant. Other than in the following circumstances:
1. the defendant shall actively perform the relevant statutory duties in accordance with its functions and powers; or
(II) the plaintiff fails to provide the evidence for justified reasons.
In the cases in which an administrative compensation or reimbursement is required, the plaintiff shall provide evidence proving the damages incurred by the administrative act. Where the plaintiff fails to provide the evidence due to reasons attributable to the defendant, the burden of proof shall be borne by the defendant.
Article 39 A people's court is entitled to require the concerned parties to provide or supplement evidence.
Article 40 A people's court is entitled to obtain evidence from the relevant administrative organs and other organizations and citizens. However, it shall not obtain the evidence that was not collected when the defendant performed an administrative act so as to prove the legality of the administrative act.
Article 41 Where the plaintiff or the third party cannot collect the following evidence related to the case on their own, they may apply to the people's court for obtaining the evidence:
1. the evidence that is kept by the State organs and must be obtained by the people's court;
(II) evidence involving any state secret, trade secret or personal privacy; and
(III) other evidence that cannot be collected by themselves due to objective reasons.
Article 42 Under circumstances where there is a likelihood that evidence may be destroyed or lost, or difficult to obtain later, the participants in the proceedings may apply to the people's court for preservation of the evidence. The people's court may also on its own initiative take measures to preserve such evidence.
Article 43 Evidence shall be presented in court and cross-examined by the parties concerned. The evidence involving state and commercial secrets and individual privacy shall not be presented in public court.
A people's court shall comprehensively and objectively examine and verify the evidence according to the statutory procedures. For evidence not accepted, reasons shall be explained in the judgment.
No evidence obtained by illegal means may be used as the basis for ascertaining the facts of any case.
Chapter 6 PROSECUTION AND HEARING
Article 44 Citizens, legal persons or other organizations may first apply to the administrative organ for reconsideration of administrative cases which fall within the scope of administrative adjudication of a people's court. If such citizens, legal persons or other organizations are dissatisfied with the reconsideration decision, they may institute proceedings with a people's court afterwards. Alternatively, they may institute proceedings directly with a people's court.
Where the laws and regulations provide that a party shall first apply to an administrative organ for reconsideration and that a proceeding may be instituted with a people's court only if the party is dissatisfied with the reconsideration decision, such provisions shall apply.
Article 45 Where any citizens, legal persons or other organizations are dissatisfied with the reconsideration decision, they may, within 15 days after receiving the decision, institute proceedings with a people's court. If the reconsideration organ fails to make a decision on the expiration of the time limit, the applicant may bring a suit before a people's court within 15 days after the time limit for reconsideration expires. Unless otherwise required by law.
Article 46 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 six months from the date when he or it knows or should know that a specific administrative act has been taken. Unless otherwise required by law.
Where proceedings are not initiated within 20 years as of the date of performance of the administrative action for cases with the proceedings initiated due to real property or within five years as of the date performance of the administrative action for other cases, the people's court shall not accept such cases.
Article 47 Where citizens, legal persons or other organizations apply to an administrative organ for performance its statutory duties to protect their personal rights, property rights and other legitimate rights and interests and the administrative organ fails to perform its duties within two months as of the date of receipt of the applications, the citizens, legal persons or other organizations may institute proceedings with a people's court. Where the laws and regulations provide otherwise on deadlines for performance of duties by administrative authorities, such provisions shall prevail.
Where citizens, legal persons or other organizations ask an administrative organ to perform its statutory duties to protect their personal rights, property rights and other legitimate rights and interests under an emergency circumstance and the administrative organ fails to perform its duties, the institution of proceedings shall not be subject to the time limit prescribed in the preceding paragraph.
Article 48 Where citizens, legal persons or other organizations fail to meet the deadline for institution of proceedings due to force majeure or other reasons not attributable to themselves, the delayed time shall not be included in the time limit for institution of proceedings.
Citizens, legal persons or other organizations that fail to meet the deadline for institution f proceedings due to special circumstances other than those mentioned in the preceding paragraph may, within ten days upon removal of the obstacles, apply to a people's court for an extension of the time limit. The extension applied shall be subject to the approval of the people's court.
Article 49 The institution of proceedings shall meet the following conditions:
1. the plaintiff shall be any of citizens, legal persons or other organizations as specified in Article 25 hereof;
2. there must be a definite defendant;
3. there must be a specific claim and a corresponding factual basis; and
(IV) the suit must fall within the scope of cases acceptable to the people's courts and the jurisdiction of the people's court where it is filed.
Article 50 When instituting an action, a statement of claim shall be submitted to the people's court, together with a number of copies corresponding to the number of defendants.
Where there is actually a difficulty in writing a statement of claim, a proceeding may be instituted in an oral way, and the people's court shall be responsible for making a written record, issuing a written document with the specific date of receipt marked and notifying the other party concerned.
Article 51 When a people's court receives a bill of complaint and finds that it meets the requirements for acceptance as specified in this Law, the court shall file the case.
For a case where it cannot decide whether the conditions for instituting a proceeding specified herein are met or not, the people's court shall accept the statement of claim, issue a written document with the date of receipt marked, and decide whether the case shall be filed within seven days. Where the conditions for the institution of an action are not met, a ruling not to file the case shall be made. The verdict shall explicitly state the reasons for the refusal. The plaintiff who is not satisfied with the verdict may file an appeal.
Where a statement of claim is incomplete in terms of its contents or has other errors, the concerned party shall be given guidance and explanation and informed of contents to be supplemented and corrected at one stroke. A people's court shall not refuse to receive a statement of claim in the name of the statement of claim failing to meet the relevant conditions without giving any guidelines or explanations.
Where a people's court refuses to accept a statement of claim, or fails to issue a written document after the receipt of a statement of claim or fails to inform the concerned parties of the information on the statement of claim to be supplemented and corrected at one stroke, the concerned parties may complain to a higher-level people's court and the higher-level people's court shall order the people's court to make corrections and punish the persons directly in charge or other persons directly responsible.
Article 52 Where a people's court neither places a case on its trial docket nor makes a verdict on refusal to place the case on its trial docket, the concerned party may institute a proceeding with a higher-level people's court. The higher-level people's court that considers the conditions for filing a lawsuit are met may either place the case on its trial docket and try the case or designate another lower-level people's court to do so.
Article 53 Where citizens, legal persons or other organizations consider that the normative documents which are formulated by the departments under the State Council and local people's governments and their departments and on which an administrative act is based are illegal, when instituting a proceeding for the administrative act, they may apply for examination of the normative documents at the same time.
The regulatory documents as mentioned in the preceding paragraph do not include rules.
Chapter 7 Trial and Judgment
Section 1 General Provisions
Article 54 People's courts shall hear administrative cases in public, except where state secrets or private affairs of individuals are involved and in cases where the law provides otherwise.
A case involving trade secrets may not be heard in public if a party so requests.
Article 55 Where a party considers that judicial personnel have an interest in the case or are concerned with the case in any other way which might affect the impartiality of the trial, such party shall have the right to request such personnel to withdraw (from the case).
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 apply for withdrawal.
The provisions of the preceding two paragraphs shall apply to court clerks, interpreters, examiners and inspectors.
The withdrawal of the president of the court serving as the presiding judge shall be decided by the court's adjudication committee; the withdrawal of a member of the judicial personnel shall be decided by the president of the court; the withdrawal of other personnel shall be decided by the presiding judge. A party who is dissatisfied with the decision may apply for reconsideration once.
Article 56 During the period of legal proceedings, execution of the administrative act shall not be suspended. However, execution of such acts shall be suspended under one of the following circumstances:
1. where the defendant considers that it is necessary to suspend the act;
2. where the plaintiff or an interested person applies for suspension of the act and the people's court rules that such administrative act shall be suspended as, in the opinion of the people's court, the execution would cause irremediable losses and the suspension of the act would not harm the national interests and public interests;
(III) the people's court rules that such administrative act may cause great damage to the national interests and public interests; and
(IV) where suspension of execution is required by the provisions of laws or regulations.
If the party concerned is dissatisfied with the ruling on suspension or not suspension, it may apply for reconsideration once.
Article 57 For any case in which a proceeding is instituted against an administrative organ for not paying pensions or subsistence allowances or work-related injury, medical, or social insurance premiums, if the relationships of rights and obligations are definite and no advance enforcement will seriously affect the life of the plaintiff, the people's court may rule advance enforcement according to the application of the plaintiff.
If the party concerned is dissatisfied with the ruling on advance execution, it may apply for reconsideration once. Enforcement of the ruling shall not be suspended during the review period.
Article 58 If a plaintiff, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the case may be considered as withdrawn by him; if a defendant, having been served with a summons, refuses to appear in court without justified reasons, or if he withdraws during a court session without the permission of the court, the court may make a judgment by default.
Article 59 If litigants or any other person commits any of the following acts, the people's court may, according to the seriousness of his offence, reprimand him, order him to sign a statement of repentance or impose upon him a fine of not more than CNY10,000 or detain him for not longer than 15 days; if a crime is constituted, his criminal responsibility shall be investigated:
1. delaying or refusing to assist in or obstructing without reason the execution of the notice of a people's court for assistance in investigation and execution by a person who isobliged to render assistance;
2. forging, concealing or destroying evidence or providing false evidential materials to hinder the people's court from hearing a case;
(III) instigating, suborning or coercing others to commit perjury, or hindering witnesses from giving testimony;
(IV) concealing, transferring, selling or destroying the property that has been sealed up, seized or frozen;
(V) Making the plaintiff withdraw the case by deception, coercion or other illegal means;
(VI) hindering the personnel of a people's court from performing their duties through violent, threatening or other means, or disturbing the order of the work of a people's court by creating uproars, rushing at the court or other means; or
(VII) threatening, insulting, slandering, framing, beating, sieging or retaliating against the judicial personnel or other personnel of the people's court, litigants or personnel who assist in the investigation and execution.
A People's Court may impose a fine or detention on the key person-in-charge or directly accountable personnel of an organisation which has committed any of the acts stipulated in the preceding paragraph pursuant to the provisions of the preceding paragraph; where the case constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.
A fine or detention must be approved by the president of a people's court. A party concerned who disagrees with the decision may apply to a higher-level People's Court for review once. The execution of the decision shall not be suspended during the period of reconsideration.
Article 60 A people's court shall not apply conciliation in handling an administrative case. However, a case involving administrative indemnity or compensation or a case for which an administrative organ may exercise the discretion as prescribed by laws or regulations may be settled through mediation.
The mediation shall be conducted on the principles of voluntariness and legality and shall not harm the national interests, public interests and the legitimate rights and interests of others.
Article 61 If a party applies for concurrent settlement of the relevant civil dispute in an administrative litigation involving administrative licensing, registration, collection, expropriation and the ruling for the civil dispute made by the administrative organ, the people's court may hear the case concurrently.
In an administrative proceeding, if the people's court rules that the hearing of the administrative case shall be based on the judgment of the civil litigation, the people's court may award the suspension of administrative proceeding.
Article 62 Where, before the people's court pronounces judgment or gives a ruling, the plaintiff applies for withdrawal of the case, or the defendant alters its administrative act and the plaintiff agrees and applies for withdrawal of the case, the people's court shall rule on whether or not to approve such alteration.
Article 63 People's courts shall try administrative cases in accordance with laws, administrative regulations and local regulations. Local regulations shall be applicable to administrative cases within the corresponding administrative areas.
In handling administrative cases of a national autonomous area, the people's courts shall also take the regulations on autonomy and separate regulations of the national autonomous area as the criteria.
People's courts shall hear administrative cases by referring to rules and regulations.
Article 64 If a people's court finds through examination that the normative documents specified in Article 53 hereof are illegal in the course of hearing an administrative case, such documents shall not be taken as the basis on which an administrative act is identified as lawful, and the people's courts shall propose solutions to the organs that formulate the aforesaid normative documents.
Article 65 A people's court shall make public the legally effective judgments and rulings for consultation, except for those involving State secrets, trade secrets or personal privacy.
Article 66 In the course of hearing an administrative case, where a people's court considers that persons in charge of an administrative organ or persons of an administrative organ who are directly responsible have violated the law or the discipline, the people's court shall transfer the relevant materials to the supervisory organ, such administrative organ or its superior administrative organ; where the court considers that such persons have committed a crime, it shall transfer the relevant materials to the public security and/or the procuratorial organs.
If the defendant refuses to appear in court without justified reasons after being summoned to do so or leaves the court session halfway without permission of the court, the people's court may announce the condition that the defendant refuses to appear in court or leaves the court session halfway, and may present judicial proposals to the supervisory organ or the superior administrative organ of the defendant to punish the major person-in-charge of or persons directly responsible for the defendant in accordance with the law.
Section 2 Ordinary Procedure at First Instance
Article 67 A people's court shall send a copy of the statement of claim to the defendant within five days after docketing the case. The defendant shall, within 15 days from the date of receiving the copy of the statement of claim, submit to the people's court evidence relating to its performance of the administrative act in question and normative documents on which the administrative act in question is based, and submit a statement of defense. The people's court shall send a copy of the bill of defence to the plaintiff within five days of receiving it.
Failure by the defendant to submit a defence shall not affect the trial of the case by the people's court.
Article 68 Administrative cases in the people's courts shall be tried by a collegial panel of judges or of judges and assessors. The number of members of a collegial panel shall be an odd number of three or more.
Article 69 Where the evidence in respect of an administrative act is conclusive, the application of laws and regulations to the act is correct and the statutory procedure is complied with, or the reason for which the plaintiff requires the defendant to fulfill duties or payment obligation is invalid, the people's court shall reject the claim of the plaintiff.
Article 70 If an administrative act has been performed in one of the following circumstances, the act shall be annulled or partially annulled by judgment of the people's court, or the defendant may be required by judgment to perform an administrative act anew:
1. where the main evidence (in support of such act) is insufficient;
2. where incorrect laws and regulations were applied;
(III) Statutory procedures are violated;
4. where such act is performed beyond the authority;
(V) abusing his power;
(VI) where such act is improper obviously.
Article 71 Where a people's court rules a defendant to undertake a new administrative act, the defendant may not, based on the same facts and reasons, undertake a specific administrative act essentially identical with the original act.
Article 72 If the people's court finds out the defendant fails to perform its statutory duties after trial, it shall order the defendant to perform such duties within a specified period.
Article 73 If the people's court finds out that the defendant has payment obligation in accordance with the law after trial, it shall order the defendant to perform the payment obligation.
Article 74 If an administrative act has been performed in either of the following circumstances, the people's court shall rule that the administrative act is illegal but shall not be annulled:
1. where the administrative act shall be annulled in accordance with the law, but the annulment may seriously damages national interests and public interests; or
(II) where administrative act procedures are slightly illegal but have no actual influence on the rights of the plaintiff.
If an administrative act has been performed in one of the following circumstances, the people's court shall rule that the administrative act is illegal if the administrative act is not required to be annulled or be performed by judgment:
1. where the administrative act is illegal, but there is no content to be annulled;
2. where the defendant changes the original administrative act, but the plaintiff continues to require the confirmation of illegality of the original administrative act; and
3. where the defendant fails to perform or delays the performance of statutory duties, and the ruling on such performance is of no significance.
Article 75 Where an administrative act is performed in significant and obvious illegal circumstances such as the executor having no legal capacity as an administrative subject and lack of basis, and the plaintiff applies for confirming such administrative act as invalid, the people's court shall rule that the administrative act is invalid.
Article 76 When a people's court rules that anadministrative act is illegal or invalid, it may order the defendant to take remedial measures at the same time; if the plaintiff suffers losses, the people's court shall rule the defendant to bear compensation liability in accordance with the law.
Article 77 Where an administrative penalty is manifestly improper, or the confirmation or identification of amounts involved in any other administrative act is incorrect, the people's court may order that such penalty or confirmation or identification act be altered.
Where the people's court orders that such penalty or administrative act be altered, it shall not increase the obligation or impair the rights and interests of the plaintiff. However, if the interested party is also the plaintiff, the claim shall be reversed.
Article 78 Where the defendant does not perform in accordance with the law, fails to perform as agreed or illegally changes or terminates the agreement specified in Item 11, Paragraph 1 of Article 12 hereof, the people's court shall rule the defendant to take liabilities for continuing to perform the agreement, taking remedial measures or making compensations.
Where the defendant legally changes or terminates the agreement specified in Item 11, Paragraph 1 of Article 12 hereof but does not make compensations in accordance with the law, the people's court shall rule the defendant to make compensations.
Article 79 Where the reconsideration organ and the administrative organ which performs the original administrative act are co-defendants in a case, the people's court shall make judgment on the reconsideration decision and the original administrative act concurrently.
Article 80 The people's court shall publicly pronounce its judgment in all cases, whether publicly tried or not.
If a judgment is pronounced in court, the written judgment shall be issued and delivered within ten days. If a judgment is pronounced later on a fixed date, the written judgment shall be issued and given immediately after the pronouncement.
Upon pronouncement of a judgment, the parties must be informed of their right to appeal, the time limit for appeal and the court to which they may appeal.
Article 81 A people's court shall pass a judgment of first instance within six months from the date of filing the case. Extension of such period, if required because of special circumstances, shall be approved by a higher people's court. Where a higher people's court requires an extension of such period for a case which it is hearing as a court of first instance, such extension shall be approved by the Supreme People's Court.
Section 3 Summary Procedure
Article 82 The people's court may apply summary procedure to hear the following administrative cases of first instance with clear facts, definite relationships of rights and obligations and not serious disputes:
1. where the administrative act under litigation is performed on the site in accordance with the law;
2. Where the case involves an amount of less than CNY2,000; and
(III) where the case involves disclosure of government information.
In addition to the administrative cases of the first instance set out in the preceding paragraph, summary procedure may apply to cases for which the parties concerned agree upon the application of summary procedure.
Summary procedure shall not apply to cases remanded for retrial and retried according to the procedure for trial supervision.
Article 83 An administrative case heard according to summary procedure shall be heard by the judge independently, and be concluded within 45 days after the case is placed on the trial docket.
Article 84 If the people's court finds that it is improper to apply summary procedure to a case in hearing, it shall order that ordinary procedure applies.
Section 4 Procedure at Second Instance
Article 85 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 people's court at the next higher level within 15 days after the date on which the written judgment was served. A party who disagrees with a ruling of a people's court of first instance shall have the right to appeal to a people's court at the next highest level within 10 days of receiving notice of the ruling. The judgment or ruling of first instance of a People's Court shall be legally effective if an appeal is not filed within the stipulated period.
Article 86 The people's courts shall form a collegiate bench to try appellate cases. Upon consulting, investigation and inquiry of the parties concerned, if no new facts, evidence or reasons are put forward, and the collegiate bench rules that it is unnecessary to hold a hearing, the case may be handled without a hearing.
Article 87 In trying a case on appeal, a people's court shall thoroughly examine the judgment or ruling of the people's court which originally tried the case and the administrative act sued.
Article 88 In trying a case on appeal, a people's court shall make a final judgment within three months from the date of receiving the appeal. Extension of such period, if required because of special circumstances, shall be approved by a higher people's court. Where a higher people's court requires an extension of such time limit for handling an appellate case, such extension shall be approved by the Supreme People's Court.
Article 89 The people's court shall handle an appellate case respectively according to the circumstances set forth below:
1. where the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment or ruling, the appeal shall be rejected by judgment or ruling and the original judgment and ruling be upheld;
2. where the facts are erroneously ascertained or the law and regulations are incorrectly applied in the original judgment or ruling, the judgment or ruling shall be amended, annulled or altered in accordance with the law;
3. where the facts are not clearly ascertained in the original judgment and the evidence is insufficient, the case shall be remanded to the original people's court for retrial, or the people's court of the second instance may amend the original judgment after investigating and clarifying the facts; and
(IV) where there is any serious violation of statutory procedures such as omission of the party concerned and illegal judgment by default in the original judgment, the people's court of second instance shall rule that the original judgment be annulled and remand the case to the original people's court for retrial.
Where the party concerned institutes an appeal after the original people's court makes a judgment on the case remanded for retrial, the people's court of second instance shall not remand the case for retrial again.
Where the people's court needs to amend the original judgment in trying an appellate case, it shall make judgment on the administrative act sued at the same time.
Section 5 Procedure for Trial Supervision
Article 90 If a party considers that there is some definite error in a legally effective judgment or written order, he may apply to the people's court at the next higher level for a retrial; however, the execution of the judgment or order shall not be suspended.
Article 91 If the application of a party conforms to any of the following circumstances, the people's court shall retry the case:
1. there is an error in not filing a case or dismissing a lawsuit;
2. there is new evidence that is sufficient to overturn the original judgment or ruling;
3. where the facts ascertained in the original judgment and ruling are not sufficient, cross-examined, or are forged;
(IV) where the laws and regulations applied in the original judgment and ruling are wrong;
(V) the litigation procedure prescribed by law has been violated and it may hamper the impartiality of a trial; or
(VI) where the claim is omitted under the original judgment and ruling;
(VII) where the legal documentation relating to the original judgment or ruling has been cancelled or amended; or
(VIII) The judges in trying the case committed acts of embezzlement, bribery, or malpractices for personal gain, or bended the law in making judgment.
Article 92 Where the president of a People's Court at any level discovers that a judgment or a ruling made by a People's Court which has come into legal effect falls under any of the circumstances stipulated in Article 91 of this Law or discovers that mediation is in violation of the principle of voluntary participation or that the contents of the mediation letter are illegal and deems that there is a need for re-trial, the case shall be submitted to the judicial committee for discussion and decision.
Where the Supreme People's Court discovers that a judgment or ruling of a local People's Court at any level which has come into legal effect falls under any of the circumstances stipulated in Article 91 of this Law or discovers that mediation is in violation of the principle of voluntary participation or that the contents of the mediation letter are illegal, or discovers that a judgment or ruling of a lower-level People's Court which has come into legal effect falls under any of the circumstances stipulated in Article 91, the Supreme People's Court or the higher-level People's Court shall have the right to arraign or order the lower-level People's Court to re-try the case.
Article 93 Where the Supreme People's Procuratorate discovers that a judgment or ruling of a People's Court at any level which has come into legal effect falls under any of the circumstances stipulated in Article 91 of this Law or discovers that a mediation letter harms national interest or public interest, or where a higher-level People's Procuratorate discovers that a judgment or ruling of a lower-level People's Court which has come into legal effect falls under any of the circumstances stipulated in Article 91 of this Law or discovers that a mediation letter harms national interest or public interest, a protest shall be made.
Where a People's Procuratorate at any level at any locality discovers that a judgment or ruling made by a People's Court of counterpart level which has come into legal effect falls under any of the circumstances stipulated in Article 91 of this Law, or discovers that a mediation letter harms national interest and public interest, the People's Procuratorate may make an attorney recommendation to the People's Court of counterpart level, and file record with the higher-level People's Procuratorate; or request the higher-level People's Procuratorate to make a protest to the People's Court of counterpart level.
In terms of the illegal acts of judges in trial procedures other than the procedure for trial supervision, the people's procuratorates at all levels are entitled to make procuratorial suggestions to the people's courts at the same level.
第八章 执 行
Chapter 8 Enforcement
Article 94 The parties concerned must perform legally effective judgments, rulings and mediation documents rendered by people's courts.
Article 95 Where a citizen, legal person or other organization refuses to perform a judgment, ruling or mediation document, the administrative organ or any third person may apply to the people's court of first instance for enforcement or enforce the judgment, ruling or mediation document by the administrative organ in accordance with the law.
Article 96 Where an administrative organ refuses to perform a judgment, ruling or mediation document, the people's court of first instance may adopt the following measures:
1. (where the court rules that) fines shall be refunded or damages shall be paid, the court may notify the relevant bank of transfer of the sum from the account of the administrative organ in question;
(II) (where the administrative organ) fails to perform the judgment, ruling or mediation document within the prescribed time limit, a fine of CNY50 to CNY100 per day shall be imposed on the principal of the administrative organ in question;
(III) announce the administrative organ's refusal to perform the order, ruling or mediation document;
(IV) putting forward judicial suggestions to the supervisory organ or the administrative organ at the next higher level. 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; and
(V) Where an administrative organ refuses to perform a judgment, ruling or mediation document and causes adverse social impact, the person (s) -in-charge who is/are directly accountable and other directly accountable personnel of the administrative organ may be detained; where the case is serious and constitutes a criminal offence, criminal liability shall be pursued in accordance with the law.
Article 97 Where a citizen, legal person or other organization neither institutes proceedings in respect of an administrative act nor performs such act within the statutory time limit, the administrative organ may apply to a people's court for enforcement or enforce the act itself according to the law.
Chapter 9 Foreign-related Administrative Litigation
Article 98 This Law is applicable to foreign nationals, stateless persons and foreign organizations that are engaged in administrative suits in the People's Republic of China. Unless otherwise required by law.
Article 99 Foreign nationals, stateless persons and foreign organizations that are engaged in administrative suits in the People's Republic of China shall enjoy the same litigation rights and be subject to the same obligations as citizens and organizations of the People's Republic of China.
If 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 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 When foreign nationals, stateless persons and foreign organizations appoint lawyers as their agents in administrative actions in the People's Republic of China, they shall appoint lawyers of a lawyers' organization of the People's Republic of China.
第十章 附 则
Chapter 10 Supplementary Provisions
Article 101 Where there are no relevant provisions in this Law regarding the period, service, property preservation, trial in court, conciliation, suspension of action, termination of action, summary procedure or execution for the trial of administrative cases, or regarding the supervision carried out by the people's procuratorate over acceptance, trial, judgment or execution of administrative cases, the provisions in the Civil Procedure Law of the People's Republic of China shall apply.
Article 102 People's courts shall charge litigation fees for hearing administrative cases. The litigation fee shall be borne by the losing party, or by both parties if they are both liable. Detailed measures on collection of litigation fees shall be stipulated separately.
Article 103 This Law shall go into effect as of October 1, 1990.