行政訴訟法英文版

1、Law of Administrative Litigation of the People's Republic of China ¶19-558Adopted 4 April 1989 by the 2nd Session of the 7th National People's Congress. Chapter I General PrinciplesArticle_1 This Law is formulated in accordance with the Constitution of the People's Republic of China

2、 to ensure the correct and prompt hearing of administrative cases in the people's courts, to safeguard the legitimate rights and interests of citizens, legal persons and other entities and to uphold and supervise the execution by administrative organs of their administrative powers of office in

3、accordance with the law.Article_2 A citizen, legal person or other entity which considers that its legal rights or interests have been violated as the result of a particular administrative action determined by an administrative organ or personnel of an administrative organ shall have the right to in

4、itiate legal proceedings with a people's court in accordance with the provisions of this Law.Article_3 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 group or individual.

5、A people's court equipped with the facilities of an administrative adjudication division shall hear administrative cases.Article_4 When hearing an administrative case, a people's court shall take facts as its basis and the law as its criterion.Article_5 When hearing an administrative case, a

6、 people's court shall inquire into the legality of a particular administrative action.Article_6 When hearing an administrative case, a people's court shall implement the collegiate system, challenge system, system of public trial and system of the court of second instance being the court of

7、final instance, in accordance with the law.Article_7 All parties to administrative proceedings shall have equal standing before the law.Article_8 Citizens of all ethnic groups shall have the right to conduct proceedings in their native spoken and written languages.In areas densely inhabited by a min

8、ority ethnic group or by several ethnic groups, the people's courts shall conduct hearings in the spoken language in common use in the area and issue legal documents in the written language in common use in the area.A people's court shall provide interpretation for those participants in proc

9、eedings who are not fluent in the spoken and written language in common use in the area.Article_9 The parties to administrative proceedings shall have the right to engage in debate.Article_10 A people's procuratorate shall have the right to exercise legal supervision over administrative proceedi

10、ngs.Chapter II Scope of Cases for HearingArticle_11 A people's court shall hear a case initiated by a citizen, legal person or other entity as the result of any of the following circumstances:(i) disagreement with an administrative penalty such as detention, a fine, cancellation of a licence or

11、permit, an order to terminate production or business operations or confiscation of goods;(ii) disagreement with coercive administrative measures such as restriction of personal freedom or the sealing up, confiscation or freezing of assets;(iii) considering that an administrative organ has infringed

12、on its right of autonomy of operations as prescribed in the law;(iv) considering, when applying to an administrative organ for issue of a licence or permit, that it meets the legal requirements, but the administrative organ refuses to issue the licence or permit or to respond to the application;(v)

13、applying to an administrative organ requesting that it safeguard personal rights or property rights through the execution of its legal duties, but the administrative organ refuses to fulfil its duty or to respond to the application;(vi) considering that an administrative organ has failed to pay a co

14、mpensatory pension in accordance with the law;(vii) considering that an administrative organ has violated legal requirements when executing its duty;(viii) considering that an administrative organ has infringed on the personal rights or property rights of others.In addition to the aforesaid matters,

15、 a people's court shall also hear other administrative cases which are considered eligible for legal action as prescribed by the law and other statutory regulations.Article_12 A people's court shall not agree to hear a case brought by a citizen, legal person or other entity if it involves an

16、y of the following matters:(i) State action on issues such as national defence and diplomacy;(ii) administrative regulations or rules or decisions and decrees with normal binding force which are formulated and issued by administrative organs;(iii) decisions of administrative organs on awards and pen

17、alties, hirings and firings which affect personnel of the said administrative organs;(iv) specific administrative acts over which administrative organs hold final judgement in accordance with the law.Chapter III JurisdictionArticle_13 A basic level people' court shall have jurisdiction as court

18、of first instance over administrative cases.Article_14 An intermediate people's court shall have jurisdiction as a court of first instance over the following types of administrative cases:(i) cases involving verification of patent rights on inventions and cases involving Customs dealings;(ii) ca

19、ses initiated as the result of particular administrative actions determined by any of the various departments of the State Council or the people's governments of the various provinces, autonomous regions or directly administered municipalities;(iii) cases of importance and complexity within area

20、s over which this court exercises jurisdiction.Article_15 A higher people's court shall exercise jurisdiction as a court of first instance over administrative cases of importance and complexity in the respective areas over which it holds jurisdiction.Article_16 The Supreme People's Court sha

21、ll exercise jurisdiction as a court of first instance over administrative cases of importance and complexity which affects the whole nation.Article_17 An administrative case shall be subject to the jurisdiction of the people's court in the locality of the administrative organ which initially det

22、ermined the administrative action in question. If, after a case has been subject to reconsideration, the organ in charge of reconsidering the case amends the original administrative action, the case may also be subject to the jurisdiction of the people's court in the locality of this organ.Artic

23、le_18 A case resulting from refusal to comply with coersive administrative measures which restrict personal freedom may be subject to the jurisdiction of the people's court in the locality of the defendant or the plaintiff.Article_19 Jurisdiction over administrative proceedings involving immovab

24、le property shall be exercised by the people's court in the locality of the property.Article_20 When two or more people's courts have jurisdiction over a case, the plaintiff may elect the court in which to bring the suit. If the plaintiff brings suits in two or more people's courts which

25、 have jurisdiction, the case shall be handled by the people's court which first received the complaint.Article_21 If a people's court discovers that a suit it has accepted is not within its jurisdiction, it shall transfer the suit to a people's court which has jurisdiction. The people

26、9;s court to which the suit is transferred shall not, of its own accord, further transfer the suit.Article_22 If, due to any reason, a people's court with jurisdiction over a case is not in a position to exercise such jurisdiction, a higher people's court shall designate jurisdiction.If a di

27、spute arises over jurisdiction in the people's courts, the parties shall resolve the dispute through consultation. If unable to achieve a resolution through consultation, they shall submit a request to a higher people's court which is superior to both, in order to designate a people's co

28、urt to exercise jurisdiction.Article_23 A higher people's court has the power to hear and adjudicate a case over which a lower level people's court has jurisdiction as court of first instance. A higher court may also assign a case over which it has jurisdiction as court of first instance to

29、a lower level people's court for adjudication.If a lower level people's court considers that a case over which it has jurisdiction as court of first instance requires hearing and adjudication by a higher people's court , it may report to and ask a higher people's court to make the ne

30、cessary ruling.Chapter IV Participants in ProceedingsArticle_24 A citizen, legal person or other entity which initiates legal proceedings in accordance with the provisions of this Law shall be termed a plaintiff.If a citizen with the right to initiate legal proceedings dies, a close relative may ins

31、tead initiate the suit.If the capacity of a legal person or other entity with the right to initiate legal proceedings is terminated, the legal person or other entity which inherits its rights may instead initiate the suit.Article_25 When a citizen, legal person or other entity initiates legal procee

32、dings directly with a people's court, the administrative organ responsible for determining the particular administrative action in question shall be termed the defendant.If, after a case has been subject to reconsideration, the organ in charge of reconsidering the case decides to uphold the orig

33、inal administrative action, the administrative organ responsible for the original action shall be the defendant. If the organ in charge of reconsidering the case amends the administrative action, it shall be the defendant.If two or more administrative organs determine the same administrative action,

34、 they shall be joint defendants.If an entity authorised by the law or statutory regulations determined the contested administrative action, it shall be the defendant. If an entity engaged by an administrative organ determined a contested administrative action, the administrative organ which engaged

35、the entity shall be the defendant.In the event of an administrative organ being abolished, the administrative organ which replaces it in undertaking its original duties shall be the defendant.Article_26 If either, or both, of the parties to a case comprise tow or more persons who are involved in the

36、 administrative case as the result of a common or similar administrative action, the claims may, where deemed appropriate, be combined by the people's court in a joint action.Article_27 If another citizen, legal person or other entity is an interested party to a particular administrative action

37、which has instigated legal proceedings, it may apply to participate in the proceedings as a third party or the people's court may notify it to participate in the proceedings.Article_28 A citizen without procedural capacity shall be represented in litigation by a legal agent. If legal agents try

38、to shift responsibility of agency among each other, the people's court shall designate one of them to act in a particular case.Article_29 A party to a case or a legal agent may appoint one or two persons to represent them in litigation.Lawyers, social groups, close relatives of the party which i

39、nitiated the case or persons recommended by the party's local unit, as well as other citizens authorised by the people's courts may be appointed as attorneys ad item.Article_30 A lawyer who represents a client in litigation may, in accordance with regulations, have access to material relevan

40、t to the case and may investigate relevant organisations and citizens and collect evidence. Confidentiality shall be maintained in accordance with legal provisions if any material contains State secrets or confidential details of personal matters.Subject to approval from the people's court, the

41、party to a case and other attorneys ad item may have access to court materials pertaining to the case, with the exception of materials containing State secrets or confidential details of personal matters.Chapter V EvidenceArticle_31 Evidence shall comprise the following categories:(i) documentary ev

42、idence;(ii) real evidence;(iii) audio-visual materials;(iv) testimonies of witnesses;(v) statements of interested parties;(vi) expert conclusions;(vii) notes of inquest and notes taken at the scene.The above evidence shall be subject to court examination and verification before it may be used as a b

43、asis for judgement.Article_32 A defendant shall be responsible for producing evidence relating to a contested administrative action and shall be required to provide evidence supporting its determination of such an action and documents supporting the said action's conformity with standards.Articl

44、e_33 Defendants shall not be permitted to collect, on their own accord, evidence from the plaintiff or witnesses during the course of legal proceedings.Article_34 A people's court shall have the right to order the parties to a case to provide or supplement evidence.A people's court shall hav

45、e the right to obtain evidence from relevant administrative organs, other entities and citizens.Article_35 If, during the course of a case, the people's court feels that an expert appraisal of the specialised issue is required, the matter shall be submitted to a statutory appraisal department fo

46、r determination. In the absence of a statutory appraisal department, the matter shall be determined by an appraisal department appointed by the people's court.Article_36 Where there is a possibility that evidence may be lost or destroyed or be difficult to obtain at a later time, a party to the

47、case may apply for preservation of the evidence. A people's court may also, of its own initiative, take measures to preserve evidence.Chapter VI Initiation and Acceptance of an ActionArticle_37 With regard to an administrative case which comes within the jurisdiction of the people's courts,

48、a citizen, legal person or other entity may first apply to an administrative organ at the next highest level or at the level prescribed by the law or statutory regulations for reconsideration of the case. If the party still contests the reconsidered decision, it may initiate a suit in a people's

49、 court. The party may also directly initiate a suit in a people's court.In the event of the law or statutory regulations stipulating that a party must first apply to an administrative organ for reconsideration of a case, a party which still contests the reconsidered decision may then initiate a

50、suit in a people's court pursuant to the provisions of the law or statutory regulations.Article_38 When a citizen, legal person or other entity applies to an administrative organ for reconsideration of a case, the organ in charge of reconsidering the case shall make a decision within two months

51、of receiving the application, except if the law or statutory regulations stipulate otherwise.An applicant who disagrees with a reconsidered decision may initiate a suit in a people's court within 15 days of receiving notice of the reconsidered decision. Unless the law stipulates otherwise, if an

52、 organ in charge of reconsidering a case fails to make a decision within the prescribed time limit, the applicant may initiate a suit in a people's court within 15 days of the expiry of the period for reconsideration.Article_39 Unless the law stipulates otherwise, a citizen, legal person or othe

53、r entity intending to initiate legal proceedings directly with a people's court shall be required to do so within three months of its being notified of the particular administrative action that it wishes to contest.Article_40 A citizen, legal person or other entity unable to complete the necessa

54、ry procedures within the stipulated time limit, due to reasons of force majeure or other special circumstances, may apply for an extension of the term within 10 days of the obstruction being removed and the people's court shall make a ruling on the extension application.Article_41 When initiatin

55、g legal proceedings the following criteria shall be required to be met:(i) the plaintiff shall be a citizen, legal person or other entity which considers that a particular administrative action has violated its legal rights or interests;(ii) there shall be a specific defendant;(iii) there shall be a

56、 specific request for litigation and the case shall have a factual basis;(iv) the action shall fall within the jurisdiction of the people's courts and be subject to the jurisdiction of the people's court in which it is brought.Article_42 Upon receiving a bill of complaint, a people's cou

57、rt shall examine it and, within seven days, accept the case for investigation and hearing or rule it to be unacceptable. A plaintiff who disagrees with such a ruling may submit an appeal.Chapter VII Case Hearings and JudgementsArticle_43 A people's court shall send a copy of the bill of complain

58、t to the defendant within five days of accepting a case for hearing. The defendant shall provide the people's court with relevant material relating to the particular administrative action and submit its response within 10 days of receiving the bill of complaint. A copy of the defendant's res

59、ponse shall then be sent to the plaintiff within five days of its receipt by the people's court.Failure by the defendant to submit a response shall not affect the hearing of a case by a people's court.Article_44 Execution of a particular administrative action generally shall not be halted during related legal proceedings, but shall be halted in the following instances:(i) the defendant believes it to be necessary to halt execution;(ii) on application by the plaintiff to halt execution of an administrative action, the people's court rules to halt its execution, it b