The People's Republic of China Administrative Litigation Law (2017 Amendment)

(Adopted at the Second Session of the Seventh National People's Congress on April 4, 1989, in accordance with the Eleventh Session of the Standing Committee of the Twelfth National People's Congress on November 1, 2014Decision on Amending the the People's Republic of China Administrative Procedure Law"The first amendment is based on the 28th meeting of the Standing Committee of the Twelfth National People's Congress on June 27, 2017 《Decision on Amending the the People's Republic of China Civil Procedure Law and the the People's Republic of China Administrative Procedure LawSecond Amendment)

Directory
Chapter I General Provisions
Chapter II Scope of the Case
Chapter III Jurisdiction
Chapter IV Participants in Proceedings
Chapter V Evidence
Chapter VI Prosecution and Acceptance
Chapter VII Trial and Judgment
Section 1 General Provisions
Section 2 Ordinary Procedure of First Instance
Section III Summary Procedure
Section 4 Procedures of Second Instance
Section 5 Trial Supervision Procedures
Chapter VIII Execution
Chapter IX Foreign-related Administrative Litigation
Chapter X Supplementary Provisions

Chapter I General Provisions
Article 1 In order to ensure that the people's courts hear administrative cases in a fair and timely manner, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, and supervise the exercise of functions and powers by administrative organs in accordance with the law, accordingConstitutionto enact this Act.
Article 2 If a citizen, a legal person or any other organization considers that an administrative act of an administrative organ or its functionaries infringes upon his or her lawful rights and interests, he or it shall have the right to bring a suit in a people's court in accordance with this Law.
The term "administrative act" as mentioned in the preceding paragraph includes administrative acts made by organizations authorized by laws, regulations and rules.
Article 3 The people's courts shall guarantee the right of citizens, legal persons and other organizations to sue, and accept administrative cases that should be accepted in accordance with the law.
Administrative organs and their staff shall not interfere with or obstruct the people's courts from accepting administrative cases.
The person-in-charge of the accused administrative organ shall appear in court to answer the suit. If it is unable to appear in court, it shall entrust the corresponding staff of the administrative organ to appear in court.
Article 4 The people's courts shall independently exercise judicial power over administrative cases in accordance with the law, and shall not be subject to interference by administrative organs, public organizations or individuals.
The people's courts shall set up administrative divisions to hear administrative cases.
Article 5 In trying administrative cases, the people's courts shall base themselves on facts and take the law as the criterion.
Article 6 In handling administrative cases, the people's courts shall examine the legality of administrative acts.
Article 7 In handling administrative cases, the people's courts shall, in accordance with the law, apply the systems of collegiality, withdrawal, public trial and the final instance of the second instance.
Article 8 The parties shall have equal legal status in administrative proceedings.
Article 9 Citizens of all nationalities shall have the right to use their own spoken and written languages in administrative proceedings.
In areas where ethnic minorities live in concentrated communities or where multiple ethnic groups live together, the people's courts shall conduct trials and issue legal documents in the languages and scripts commonly used by the local ethnic groups.
The people's court shall provide interpreters for participants in the proceedings who are not familiar with the languages and scripts commonly used by the local nationalities.
Article 10 The parties shall have the right to debate in administrative proceedings.
Article 11 The people's procuratorates shall have the right to exercise legal supervision over administrative proceedings.

Chapter II Scope of Acceptance
Article 12 The people's courts shall accept the following lawsuits brought by citizens, legal persons or other organizations:
(I) are not satisfied with administrative penalties such as administrative detention, temporary suspension or revocation of permits and licenses, orders to suspend production or business operations, confiscation of illegal income, confiscation of illegal property, fines, warnings, etc;
The (II) is not satisfied with the restriction of personal freedom or the seizure, detention, freezing of property and other administrative compulsory measures and administrative enforcement;
(III) the administrative organ refuses to apply for an administrative license or fails to reply within the statutory time limit, or refuses to accept other decisions made by the administrative organ on the administrative license;
The (IV) refuses to accept the decision made by the administrative organ on confirming the ownership or right to use of natural resources such as land, mineral deposits, water flows, forests, mountains, grasslands, wasteland, tidal flats, sea areas, etc;
The (V) is not satisfied with the decision on expropriation or requisition and the decision on compensation;
(VI) the administrative organ refuses to perform or fails to reply to the application for the administrative organ to perform its statutory duties of protecting personal rights, property rights and other legitimate rights and interests;
The (VII) considers that the administrative organ infringes upon its autonomy in management or the right to contracted management of rural land or the right to management of rural land;
(VIII) that an administrative organ has abused its administrative power to exclude or restrict competition;
(IX) believe that the administrative organ has illegally raised funds, apportioned expenses or illegally demanded the performance of other obligations;
The (X) considers that the administrative organ has not paid the pension, the minimum subsistence guarantee treatment or the social insurance treatment according to law;
(11) It is believed that the administrative agency fails to perform in accordance with the law, fails to perform in accordance with the agreement, or illegally changes or terminates the government franchise agreement, land and housing expropriation compensation agreement, etc;
(12) believing that the administrative organ has infringed upon other legitimate rights and interests such as personal rights and property rights.
In addition to the provisions of the preceding paragraph, the people's courts shall accept other administrative cases that may be brought in accordance with the provisions of laws and regulations.
Article 13 The people's courts shall not accept lawsuits brought by citizens, legal persons or other organizations against the following matters:
(I) national defense, foreign affairs and other state acts;
(II) administrative regulations, rules or decisions and orders with general binding force formulated and issued by administrative organs;
(III) the decisions of administrative organs on rewards, punishments, appointments and dismissals of personnel of administrative organs;
An administrative act that is finally decided by an administrative organ as prescribed by (IV) law.

Chapter III Jurisdiction
Article 14 The basic people's courts shall have jurisdiction as courts of first instance over administrative cases.
Article 15 The intermediate people's courts shall have jurisdiction as courts of first instance over the following administrative cases:
(I) cases in which a lawsuit is brought against an administrative act undertaken by a department of the State Council or a local people's government at or above the county level;
cases handled by (II) customs;
(III) major and complicated cases within the jurisdiction;
(IV) other cases under the jurisdiction of the intermediate people's courts as prescribed by law.
Article 16 The higher people's courts shall have jurisdiction as courts of first instance over major and complicated administrative cases within their respective jurisdictions.
Article 17 The Supreme People's Court shall have jurisdiction as a court of first instance over major and complicated administrative cases throughout the country.
Article 18 Administrative cases shall be under the jurisdiction of the people's court in the locality of the administrative organ that initially made the administrative act. A reconsidered case may also be under the jurisdiction of the people's court in the place where the organ for reconsideration is located.
With the approval of the Supreme People's Court, the Higher People's Court may, in the light of the actual situation in the trial work, determine a number of people's courts to have jurisdiction over administrative cases across administrative regions.
Article 19 A lawsuit brought against compulsory administrative measures restricting personal freedom shall be under the jurisdiction of the people's court in the place where the defendant or the plaintiff is located.
Article 20 An administrative lawsuit brought on immovable property shall be under the jurisdiction of the people's court in the place where the immovable property is located.
Article 21 Where two or more people's courts have jurisdiction over a case, the plaintiff may choose one of the people's courts to bring a suit. If the plaintiff brings a suit before two or more people's courts that have jurisdiction over the case, the people's court that first files the case shall have jurisdiction.
Article 22 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 that has jurisdiction over the case, and the people's court to which the case is transferred shall accept the case. If the people's court to which the case is transferred considers that the case to be transferred does not fall under its jurisdiction in accordance with the regulations, it shall report to the people's court at a higher level to designate jurisdiction, and shall not transfer the case on its own.
Article 23 If a people's court with jurisdiction is unable to exercise its jurisdiction for special reasons, a people's court at a higher level shall designate jurisdiction.
In the event of a dispute over the jurisdiction of a people's court, the dispute shall be settled by the parties to the dispute through consultation. If consultation fails, they shall be reported to their common people's court at a higher level for designation of jurisdiction.
Article 24 People's courts at higher levels shall have the power to try administrative cases over which people's courts at lower levels have jurisdiction as courts of first instance.
If a people's court at a lower level deems it necessary for a people's court at a higher level to try or designate jurisdiction over an administrative case under its jurisdiction as first instance, it may report to the people's court at a higher level for a decision.

Chapter IV Participants in Proceedings
Article 25 The counterpart of an administrative act and other citizens, legal persons or other organizations that have an interest in the administrative act shall have the right to bring a suit.
If a citizen who has the right to bring a lawsuit dies, his near relatives may bring a lawsuit.
If the legal person or other organization that has the right to bring a lawsuit terminates, the legal person or other organization that has assumed its rights may bring a lawsuit.
In the course of performing its duties, the people's Procuratorate finds that administrative organs responsible for supervision and management in the fields of ecological environment and resource protection, food and drug safety, protection of state-owned property, and transfer of the right to the use of state-owned land have illegally exercised their functions and powers or omitted to act, resulting in infringement of national interests or social public interests, they shall put forward procuratorial suggestions to the administrative organs and urge them to perform their duties in accordance with the law. If an administrative organ fails to perform its duties in accordance with the law, the people's procuratorate shall file a lawsuit with the people's court in accordance with the law.
Article 26 If a citizen, a legal person or any other organization brings a suit directly before a people's court, the administrative organ that took the administrative act shall be the defendant.
In a reconsidered case, if the reconsideration organ decides to maintain the original administrative act, the administrative organ that made the original administrative act and the reconsideration organ are co-defendants; if the reconsideration organ changes the original administrative act, the reconsideration organ is the defendant.
If the reconsideration organ fails to make a reconsideration decision within the statutory time limit, and the citizen, legal person or other organization sues the original administrative act, the administrative organ that made the original administrative act is the defendant; if the reconsideration organ is sued for inaction, the reconsideration organ is the defendant.
If two or more administrative organs undertake the same administrative act, the administrative organs that jointly undertake the administrative act shall be co-defendants.
Where an administrative act is undertaken by an organization entrusted by an administrative organ, the entrusted administrative organ shall be the defendant.
If an administrative organ is abolished or its functions and powers are changed, the administrative organ that continues to exercise its functions and powers shall be the defendant.
Article 27 If one party or both parties are two or more than two persons, and an administrative case arising from the same administrative act, or an administrative case arising from a similar administrative act, the people's court considers that it can be tried together and with the consent of the parties, it shall be a joint action.
Article 28 In a joint action with a large number of parties, the parties may elect representatives to conduct the action. The litigation act of the representative shall have effect on the party it represents, but the representative shall change, waive the claim or recognize the claim of the other party, and shall be subject to the consent of the party represented.
Article 29 If a citizen, a legal person or any other organization has an interest in the administrative act against which the lawsuit is filed but has not brought a lawsuit, or has an interest in the outcome of the handling of the case, he may apply to participate in the proceedings as a third party, or the people's court shall notify him to participate in the proceedings.
If the people's court decides that a third party assumes obligations or impair the rights and interests of the third party, the third party shall have the right to appeal according to law.
Article 30 Where a citizen has no capacity to litigate, his legal representative shall act on his behalf. If the legal representatives shirk each other's responsibility for agency, the people's court shall appoint one of them to act on their behalf.
Article 31 A party or legal representative may entrust one or two persons as agents ad litem.
The following persons may be entrusted as agents ad litem:
(I) lawyers, grassroots legal service workers;
Close relatives or staff members of the (II) party;
(III) citizens of the communities, units and recommend of relevant social organizations.
Article 32 A lawyer acting as an agent shall have the right to consult and copy relevant materials of the case in accordance with the provisions, and shall have the right to investigate from relevant organizations and citizens and collect evidence related to the case. Materials involving state secrets, commercial secrets and personal privacy shall be kept confidential in accordance with the provisions of the law.
The parties and other agents ad litem shall have the right to consult and copy the trial materials of the case in accordance with the provisions, except for the contents involving state secrets, trade secrets and personal privacy.

Chapter V Evidence
Article 33 Evidence includes:
(I) documentary evidence;
(II) physical evidence;
(III) audio-visual materials;
(IV) electronic data;
(V) witness testimony;
(VI) the statements of the parties;
(VII) appraisal opinions;
(VIII) inspection records and on-site records.
The above evidence can be used as the basis for determining the facts of the case only if it is verified by the court.
Article 34 The defendant shall bear the burden of proof for the administrative act he has undertaken and shall provide the evidence for the administrative act and the normative documents on which it is based.
If the defendant fails to provide evidence or fails to provide evidence without justifiable reasons, it shall be deemed that there is no corresponding evidence. However, the alleged administrative act involves the legitimate rights and interests of a third party, except where the third party provides evidence.
Article 35 In the course of legal proceedings, the defendant and his agents ad litem shall not collect evidence from the plaintiff, the third party or the witnesses on their own.
Article 36 If the defendant has already collected evidence when taking the administrative act, but is unable to provide it due to force majeure or other legitimate reasons, the provision may be postponed with the permission of the people's court.
If the plaintiff or a third party puts forward reasons or evidence that he did not put forward in the administrative procedures, the defendant may supplement the evidence with the permission of the people's court.
Article 37 The plaintiff may provide evidence to prove that the administrative act is illegal. If the evidence provided by the plaintiff is untenable, the defendant shall not be relieved of the burden of proof.
Article 38 In a case where a defendant is sued for failing to perform his statutory duties, the plaintiff shall provide evidence for his application to the defendant. Except in any of the following circumstances:
(I) the defendant shall take the initiative to perform his statutory duties ex officio;
(II) the plaintiff is unable to provide evidence for legitimate reasons.
In the case of administrative compensation and compensation, the plaintiff shall provide evidence for the damage caused by the administrative act. If the plaintiff is unable to provide evidence due to the defendant's reasons, the defendant shall bear the burden of proof.
Article 39 The people's court shall have the right to request the parties to provide or supplement evidence.
Article 40 A people's court shall have the right to obtain evidence from relevant administrative organs, other organizations and citizens. However, no evidence that was not collected when the defendant made the administrative act may be obtained to prove the legality of the administrative act.
Article 41 If the plaintiff or a third party is unable to collect the following evidence related to the case, he may apply to the people's court for access:
(I) evidence kept by a state organ that must be retrieved by a people's court;
(II) evidence involving state secrets, commercial secrets and personal privacy;
Other evidence that the (III) cannot collect on its own due to objective reasons.
Article 42 Where evidence is likely to be destroyed or lost or difficult to obtain later, the participants in the proceedings may apply to the people's court for the preservation of the evidence, and the people's court may also take measures to preserve the evidence on its own initiative.
Article 43 Evidence shall be presented in court and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy shall not be presented in public court sessions.
The people's court shall, in accordance with legal procedures, comprehensively and objectively examine and verify the evidence. The reasons for the evidence not accepted shall be stated in the judgment document.
Evidence obtained by illegal means shall not be used as the basis for determining the facts of a case.

Chapter VI Prosecution and Acceptance
Article 44 For administrative cases that fall within the scope of the people's courts, citizens, legal persons or other organizations may first apply to the administrative organs for reconsideration. If they are not satisfied with the reconsideration decision, they may bring a suit in a people's court; they may also directly bring a suit in a people's court.
Where laws and regulations stipulate that an application for reconsideration shall first be filed with an administrative organ, and a lawsuit shall be filed in a people's court if the reconsideration decision is not satisfied, the provisions of the laws and regulations shall be followed.
Article 45 If a citizen, a legal person or any other organization refuses to accept the reconsideration decision, he may bring a suit in a people's court within 15 days from the date of receipt of the reconsideration decision. If the administrative body for reconsideration fails to make a decision within the time limit, the applicant may bring a suit in a people's court within 15 days from the expiration of the time limit for reconsideration. Except as otherwise provided by law.
Article 46 Where a citizen, a legal person or any other organization directly brings a suit before a people's court, he or it shall do so within six months from the date when he or it knows or should have known that an administrative act has been committed. Except as otherwise provided by law.
The people's court shall not accept a case in which a lawsuit is filed for immovable property for more than 20 years from the date of the administrative act, and other cases are filed for more than five years from the date of the administrative act.
Article 47 If a citizen, legal person or other organization applies for an administrative organ to perform its statutory duties to protect its personal rights, property rights and other legitimate rights and interests, and the administrative organ fails to perform it within two months from the date of receiving the application, the citizen, legal person or other organization may file a lawsuit in a people's court. Where laws and regulations provide otherwise for the time limit for administrative organs to perform their duties, such provisions shall prevail.
If a citizen, legal person or other organization requests an administrative organ to perform its statutory duties to protect its personal rights, property rights and other legitimate rights and interests in an emergency, if the administrative organ fails to perform the duties, the time limit for filing a lawsuit shall not be limited by the provisions of the preceding paragraph.
Article 48 If a citizen, legal person or other organization delays the time limit for prosecution due to force majeure or other reasons that do not belong to him, the time delayed shall not be counted in the time limit for prosecution.
If a citizen, legal person or other organization delays the time limit for prosecution due to special circumstances other than those specified in the preceding paragraph, he or she may, within 10 days after the obstacle is removed, apply for an extension of the time limit, and the people's court shall decide whether to grant permission.
Article 49 To initiate a lawsuit, the following conditions shall be met:
(I) the plaintiff is a citizen, a legal person or any other organization conforming to the provisions of Article 25 of this Law;
(II) there is a clear defendant;
(III) there are specific claims and factual basis;
(IV) fall within the scope of cases accepted by the people's courts and the jurisdiction of the people's courts accepting the cases.
Article 50 To initiate a lawsuit, a bill of complaint shall be submitted to the people's court, with copies of the bill according to the number of defendants.
If it is really difficult to write a bill of complaint, it may sue orally, and the people's court shall make a record of it, issue a dated written document and inform the other party.
Article 51 When a people's court receives a bill of complaint, it shall register the case if the conditions for prosecution as prescribed in this Law are met.
If it is impossible to determine on the spot whether the conditions for prosecution stipulated in this Law are met, the complaint shall be received, a written certificate indicating the date of receipt shall be issued, and a decision shall be made within seven days whether to file a case. If the conditions for prosecution are not met, a ruling shall be made not to file the case. The ruling shall state the reasons for not filing the case. If the plaintiff is not satisfied with the ruling, he may appeal.
If the contents of the complaint are lacking or there are other errors, guidance and explanation shall be given, and the parties concerned shall be informed of the contents that need to be supplemented at one time. A complaint may not be refused without guidance and explanation on the ground that the prosecution does not meet the conditions.
For those who do not receive the complaint, do not issue written documents after receiving the complaint, and do not inform the parties of the contents of the complaint that need to be corrected at one time, the parties may file a complaint with the people's court at a higher level, and the people's court at a higher level shall order it to make corrections, and the person in charge directly responsible and other persons directly responsible shall be punished according to law.
Article 52 If a people's court neither files a case nor makes a ruling not to file a case, the party concerned may bring a suit in a people's court at the next higher level. If the people's court at the next higher level considers that the conditions for prosecution are met, it shall file the case and try the case, and may also designate another people's court at a lower level to file the case and try the case.
Article 53: Citizens, legal persons, or other organizations believe that the regulatory documents formulated by the departments of the State Council, local people's governments and their departments on which the administrative act is based are illegal, and when they file a lawsuit against the administrative act, they may request the regulatory documents together. Review.
The normative documents provided for in the preceding paragraph do not contain rules.

Chapter VII Trial and Judgment
Section 1 General Provisions
Article 54 The people's courts shall hear administrative cases in public, except where state secrets or personal privacy are involved and where otherwise provided for by law.
Cases involving trade secrets may be heard in private if the parties apply for a closed hearing.
Article 55 If a party considers that a judicial officer has an interest in the case or has other relations that may affect the impartiality of the trial, he shall have the right to apply for the withdrawal of the judicial officer.
If a judicial officer considers himself to have an interest or other relationship with the case, he shall apply for withdrawal.
The provisions of the preceding two paragraphs shall apply to court clerks, interpreters, expert witnesses and inspectors.
The withdrawal of the president of the court as the presiding judge shall be decided by the adjudication committee; the withdrawal of judicial personnel shall be decided by the president of the court; and the withdrawal of other personnel shall be decided by the presiding judge. If the parties are not satisfied with the decision, they may apply for reconsideration once.
Article 56 Execution of the administrative act shall not be suspended during the period of legal proceedings. However, in any of the following circumstances, the execution of the order shall be suspended:
(I) the defendant considers it necessary to stop execution;
(II) the plaintiff or an interested party applies for suspension of execution, the people's court considers that the execution of the administrative act will cause irreparable losses and that the suspension of execution will not harm the interests of the State or the public;
The (III) People's Court considers that the implementation of the administrative act will cause significant damage to the interests of the State and the public interests of society;
Cessation of execution in (IV) with the provisions of laws and regulations.
If the parties are not satisfied with the decision to stop execution or not to stop execution, they may apply for reconsideration once.
Article 57 The people's court may, on the basis of the plaintiff's application, rule that the plaintiff shall be executed in advance if the relationship between rights and obligations is clear and the plaintiff's life will be seriously affected if the rights and obligations are not enforced in advance in a case in which the administrative organ fails to pay pension, minimum living security fund and work-related injury and medical social insurance fund according to law.
If the parties are not satisfied with the prior execution of the ruling, they may apply for reconsideration once. Execution of the ruling shall not be suspended during the period of reconsideration.
Article 58 If the plaintiff refuses to appear in court without justifiable reasons after being summoned by a subpoena by a people's court, or if he withdraws from court midway without the permission of the court, he may be dealt with as withdrawal; if the defendant refuses to appear in court without justifiable reasons, or if he withdraws from court midway without the permission of the court, a judgment may be made by default.
Article 59 If a participant in the proceedings or any other person commits any of the following acts, the people's court may, according to the seriousness of the circumstances, admonish him, order him to repent or impose a fine of not more than 10,000 yuan or detention for not more than 15 days; if the case constitutes a crime, he shall be investigated for criminal responsibility according to law:
(I) person who has the obligation to assist in the investigation or execution of the law, without reason, delays, refuses or obstructs the investigation or execution of the people's court's decision on assistance in the investigation or execution of the notice;
(II) forges, conceals or destroys evidence or provides false certification materials, thus obstructing the people's court from trying a case;
(III) instigate, bribe or coerce others to give false testimony or threaten or prevent witnesses from giving testimony;
(IV) conceals, transfers, sells off, or destroys property that has been sealed up, distrained, or frozen;
The (V) uses deception, coercion and other illegal means to make the plaintiff withdraw the lawsuit;
(VI) obstructing a staff member of a people's court from performing his duties by means of violence, threat or other means, or disrupting the order of the work of a people's court by means of uproar or assault on a court;
(VII) intimidate, insult, slander, frame up, beat, besiege or retaliate against judicial personnel or other staff members of the people's court, participants in the proceedings or persons assisting in the investigation and execution.
The people's court may, in accordance with the provisions of the preceding paragraph, impose a fine on or detain the principal person in charge of a unit that commits one of the acts specified in the preceding paragraph; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.
Fines and detentions must be approved by the president of the people's court. If the parties are not satisfied, they may apply to the people's court at the next higher level for reconsideration once. Execution shall not be suspended during the period of reconsideration.
Article 60 The people's courts shall not apply conciliation in handling administrative cases. However, cases of administrative compensation, compensation and the exercise of discretionary powers by administrative organs under laws and regulations can be mediated.
Mediation shall follow the principles of voluntariness and legality, and shall not harm the interests of the State, the public and the legitimate rights and interests of others.
Article 61 In an administrative lawsuit involving administrative licensing, registration, expropriation, requisition and the ruling of an administrative organ on a civil dispute, if the parties apply for a joint settlement of the relevant civil dispute, the people's court may hear the case together.
In administrative litigation, if the people's court considers that the trial of an administrative case should be based on the judgment of a civil lawsuit, it may rule to suspend the administrative litigation.
Article 62 Before the people's court announces a judgment or order on an administrative case, if the plaintiff applies for withdrawal of the suit, or if the defendant changes its administrative act, and the plaintiff agrees and applies for withdrawal of the suit, the people's court shall decide whether to approve it.
Article 63 In handling administrative cases, the people's courts shall take the law, administrative regulations and local regulations as the basis. Local regulations apply to administrative cases occurring within the administrative region.
In handling administrative cases in 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 basis.
In handling administrative cases, the people's courts shall refer to the regulations.
Article 64 in the trial of administrative cases, if the people's court considers the normative documents stipulated in Article 53 of this Law to be illegal after examination, it shall not be used as the basis for determining the legality of the administrative act, and shall put forward suggestions for handling to the enacting organ.
Article 65 The people's court shall make legally effective judgments and rulings available for public inspection, with the exception of those involving state secrets, trade secrets and personal privacy.
Article 66 In the trial of administrative cases, if the people's court considers that the person in charge of the administrative organ or the person directly responsible has violated the law and discipline, it shall transfer the relevant materials to the supervisory organ, the administrative organ or the administrative organ at the next higher level; if it considers that there has been a criminal act, it shall transfer the relevant materials to the public security and procuratorial organs.
If the people's court refuses to appear in court without justifiable reasons after being summoned by subpoena, or withdraws from court midway without the permission of the court, the people's court may make a public announcement of the defendant's refusal to appear in court or withdraw from court midway, and may make a judicial proposal to the supervisory organ or the administrative organ at the next higher level of the defendant to give punishment to the principal responsible person or the person directly responsible in accordance with the law.

Section 2 Ordinary Procedure of First Instance
Article 67 The 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, within 15 days from the date of receipt of the copy of the complaint, submit to the people's court the evidence for the administrative act and the normative documents on which it is based, and submit a defense. The people's court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense.
If the defendant fails to file a reply, it shall not affect the trial by the people's court.
Article 68 Administrative cases in the people's courts shall be handled by a collegial panel of judges, or by judges and jurors. The number of members of a collegial panel shall be an odd number of three or more.
Article 69 If the evidence of an administrative act is conclusive, the applicable laws and regulations are correct, and the legal procedures are in accordance with the legal procedures, or the plaintiff's application for the defendant to perform the statutory duties or payment obligations is not valid, the people's court shall decide to reject the plaintiff's claim.
Article 70 Where an administrative act is committed under any of the following circumstances, the people's court shall make a judgment to annul or partially annul it, and may make a judgment on the defendant to re-undertake the administrative act:
(I) the main evidence is insufficient;
Wrong (II) applicable laws and regulations;
(III) violation of legal procedures;
(IV) exceeding its authority;
(V) abuse of power;
(VI) obviously inappropriate.
Article 71 If a people's court judges a defendant to undertake a new administrative act, the defendant may not, on the basis of the same facts and reasons, undertake an administrative act that is basically the same as the original administrative act.
Article 72 If a people's court finds, after hearing a case, that a defendant has failed to perform his statutory duties, the court shall judge the defendant to perform the case within a certain period of time.
Article 73 If the people's court, after hearing the case, finds that the defendant is obligated to pay according to law, it shall order the defendant to perform the obligation to pay.
Article 74 Where an administrative act is under any of the following circumstances, the people's court shall make a judgment confirming that it is illegal, but shall not annul the administrative act:
The (I) administrative act shall be revoked according to law, but the revocation will cause great damage to the national interests and social public interests;
(II) administrative action is a minor violation of the law, but has no actual impact on the rights of the plaintiff.
If an administrative act is in any of the following circumstances and does not need to be revoked or performed by judgment, the people's court shall make a judgment confirming that it is illegal:
(I) administrative act is illegal, but has no revocable content;
(II) the defendant changes the original illegal administrative act, the plaintiff still requires confirmation that the original administrative act is illegal;
(III) the defendant fails to perform or delays in performing his statutory duties, it is meaningless to perform the judgment.
Article 75 If an administrative act has major and obvious illegal circumstances such as the implementation subject does not have the qualification of the administrative subject or has no basis, and the plaintiff applies for confirmation of the invalidity of the administrative act, the people's court shall make a judgment to confirm the invalidity.
Article 76 If the judgment of the people's court confirms that it is illegal or invalid, it may at the same time order the defendant to take remedial measures; if losses are caused to the plaintiff, the defendant shall be liable for compensation according to law.
Article 77 If an administrative penalty is obviously inappropriate, or if other administrative acts involve errors in the determination or determination of the amount of money, the people's court may make a decision to change it.
The people's court shall not change the judgment of the people's court to increase the plaintiff's obligations or detract from the plaintiff's rights and interests. However, the interested parties are both plaintiffs, unless the claims are contrary.
Article 78 If the defendant fails to perform in accordance with the law, fails to perform in accordance with the agreement, or illegally modifies or terminates the agreement stipulated in Item 11 of the first paragraph of Article 12 of this law, the people's court shall judge the defendant to continue to perform, take remedial measures or compensate for losses.
If the defendant modifies or rescinded the agreement stipulated in Item 11 of the first paragraph of Article 12 of this Law, but fails to make compensation according to law, the people's court shall make a judgment to make compensation.
Article 79 In a case in which the administrative organ for reconsideration and the administrative organ that made the original administrative act are co-defendants, the people's court shall make a judgment on the reconsideration decision together with the original administrative act.
Article 80 The people's courts shall publicly pronounce their judgments in all cases, whether in public or not.
If a judgment is pronounced in court, a written judgment shall be issued within ten days; if a judgment is pronounced regularly, a written judgment shall be issued immediately after the pronouncement is pronounced.
When pronouncing a judgment, the parties must be informed of their right to appeal, the time limit for appeal and the people's court to which they appeal.
Article 81 A people's court shall make a judgment of first instance within six months from the date of filing the case. If there are special circumstances that require an extension, the higher people's court shall approve the extension, and if the higher people's court needs to extend the trial of a case of first instance, the Supreme People's Court shall approve the extension.

Section III Summary Procedure
Article 82 When trying the following administrative cases of first instance, the people's court may apply the summary procedure if it considers that the facts are clear, the relationship between rights and obligations is clear, and the dispute is not serious:
(I) the accused administrative act was made on the spot in accordance with the law;
(II) cases involve an amount of less than $2,000;
(III) belongs to the case of government information disclosure.
In administrative cases of first instance other than those specified in the preceding paragraph, if the parties agree to apply the summary procedure, the summary procedure may be applied.
Summary procedure shall not apply to cases remanding for retrial or retrial in accordance with the trial supervision procedure.
Article 83 Administrative cases to which summary procedure is applied shall be tried by a single judge and shall be concluded within 45 days from the date of filing the case.
Article 84 If, in the course of trial, the people's court finds that it is inappropriate to apply summary procedure, it shall make a decision to convert the case to ordinary procedure.

Section 4 Procedures of Second Instance
Article 85 If a party refuses to accept a judgment of first instance of 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 from the date of service of the written judgment. If a party refuses to accept the ruling of the people's court of first instance, he shall have the right to appeal to the people's court at the next higher level within 10 days from the date of service of the ruling. If no appeal is filed within the time limit, the first instance judgment or ruling of the people's court shall take legal effect.
Article 86 A people's court shall form a collegial panel to hear a case on appeal. After reviewing the papers, investigating and inquiring about the parties, if no new facts, evidence or reasons are presented, the collegial panel considers that there is no need to hold a trial, it may not hold a trial.
Article 87 In handling an appealed case, the people's court shall conduct a comprehensive review of the judgment and order of the people's court that originally tried the case and the administrative act on which the case was sued.
Article 88 In handling an appealed case, the people's court shall make a final judgment within three months from the date of receipt of the appeal petition. If there are special circumstances that require an extension, the higher people's court shall approve the extension, and if the higher people's court needs an extension in hearing an appeal case, the Supreme People's Court shall approve the extension.
Article 89 In trying an appealed case, the people's court shall deal with it separately according to the following circumstances:
If the facts found in the original judgment or order of the (I) are clear and the applicable laws and regulations are correct, the judgment or order dismissing the appeal and upholding the original judgment or order;
If the original judgment or order of the (II) is wrong in determining the facts or in applying the laws and regulations, the judgment shall be revised, revoked or changed according to law;
If the basic facts found in the original judgment of the (III) are not clear and the evidence is insufficient, the case shall be remanded to the people's court of origin for retrial, or the judgment shall be revised after the facts have been found out;
(IV) the omission of the party in the original judgment or the illegal default judgment is seriously in violation of legal procedures, the original judgment shall be revoked and returned to the original people's court for retrial.
If, after the people's court of first instance has made a judgment on a case remanted for retrial, the party concerned files an appeal, the people's court of second instance shall not remanence the case for retrial.
If the people's court needs to change the original judgment in the trial of an appealed case, it shall make a judgment on the accused administrative act at the same time.

Section 5 Trial Supervision Procedures
Article 90 If a party believes that there is a definite error in a legally effective judgment or order, he may apply to the people's court at the next higher level for a retrial, but the execution of the judgment or order shall not be suspended.
Article 91 If the application of a party meets any of the following conditions, the people's court shall retry it:
The (I) is indeed wrong in refusing to file a case or rejecting a prosecution;
(II) there is new evidence sufficient to overturn the original judgment or order;
The main evidence used in the (III) of the original judgment or order to establish the facts is insufficient, has not been cross-examined or is forged;
The application of laws and regulations in the original (IV) judgment or order is definitely wrong;
(V) violation of legal procedures, which may affect a fair trial;
(VI) the original judgment or ruling omits the claim;
(VII) the legal document on which the original judgment or ruling was made has been revoked or changed;
(VIII) judicial personnel engaged in embezzlement, bribery, malpractice for personal gain, or perverting the law in adjudicating the case.
Article 92 If the president of a people's court at any level finds that there is one of the circumstances specified in Article 91 of this Law in a legally effective judgment or ruling of his or her court, or finds that the mediation violates the principle of voluntariness or that the contents of the mediation statement are illegal, and considers that a retrial is necessary, it shall be submitted to the adjudication committee for discussion and decision.
The Supreme People's Court has legally effective judgments and rulings of local people's courts at all levels, and higher people's courts have legally effective judgments and rulings of lower people's courts. If one of the circumstances specified in Article 91 of this law is found, or it is found that mediation violates the principle of voluntariness or the content of the mediation statement is illegal, it has the right to bring it up for trial or order the lower people's court to retrial.
Article 93: The Supreme People's Procuratorate has legally effective judgments and rulings of the people's courts at all levels, and the people's procuratorates at higher levels have legally effective judgments and rulings of the people's courts at lower levels. One of the circumstances specified in Article 91 of this Law, or if it is found that the mediation agreement harms the national interest or the public interest, a protest shall be filed.
If a local people's procuratorate at all levels finds one of the circumstances specified in Article 91 of this law against a legally effective judgment or ruling of the people's court at the same level, or finds that the mediation agreement harms the national interest or the public interest, it may report to the people's court at the same level The court made a procuratorial recommendation and reported it to the higher-level people's procuratorate for the record; it may also request the higher-level people's procuratorate to file a protest to the same level people's court.
The people's procuratorates at all levels have the right to make procuratorial suggestions to the people's court at the same level with respect to the illegal acts of judicial personnel in judicial procedures other than judicial supervision procedures.

Chapter VIII Execution
Article 94 The parties must comply with the legally effective judgments, rulings or conciliation statements of the people's court.
Article 95 If a citizen, legal person or other organization refuses to perform a judgment, ruling or mediation statement, the administrative organ or a third party may apply to the people's court of first instance for compulsory execution, or the administrative organ may enforce the execution according to law.
Article 96 If an administrative organ refuses to perform a judgment, ruling or conciliation statement, the people's court of first instance may take the following measures:
The (I) shall notify the bank to transfer the amount of the fine or the amount to be paid from the account of the administrative organ;
If the (II) fails to perform within the prescribed time limit, the person in charge of the administrative organ shall be fined 50 yuan to 100 yuan per day from the date of expiration;
The (III) shall announce the refusal of the administrative organ to perform;
(IV) make judicial recommendations to the supervisory organ or the administrative organ at the next higher level. The organ that accepts the judicial proposal shall handle the case in accordance with the relevant provisions and inform the people's court of the handling;
If the (V) refuses to perform the judgment, ruling or mediation statement, and the social impact is bad, the person in charge directly responsible and other directly responsible persons of the administrative organ may be detained; if the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law.
Article 97 If a citizen, a legal person or any other organization neither brings a suit nor performs an administrative act within the statutory time limit, the administrative organ may apply to the people's court for compulsory execution, or for compulsory execution according to law.

Chapter IX Foreign-related Administrative Litigation
Article 98 This Law shall be applicable to foreign nationals, stateless persons and foreign organizations that engage in administrative proceedings in the People's Republic of China. Except as otherwise provided by law.
Article 99 Foreign nationals, stateless persons and foreign organizations conducting administrative proceedings in the People's Republic of China shall have the same litigation rights and obligations as the People's Republic of China citizens and organizations.
Where the courts of a foreign country impose restrictions on the administrative litigation rights of the People's Republic of China citizens or organizations, the people's courts shall apply the principle of reciprocity to the administrative litigation rights of the citizens and organizations of that country.
Article 100 Where a foreigner, stateless person or foreign organization entrusts a lawyer to represent him in an administrative lawsuit the People's Republic of China, he shall entrust a lawyer from a People's Republic of China lawyer's office.

Chapter X Supplementary Provisions
Article 101 The people's courts hear administrative cases with regard to the period, service, property preservation, court hearings, mediation, suspension of litigation, termination of litigation, summary procedures, enforcement, etc., and the people's procuratorate's acceptance, trial, judgment, and enforcement of administrative cases Where there is no provision in this Law, 《the People's Republic of China Civil Procedure Lawthe relevant provisions.
Article 102 The people's courts shall charge litigation fees for handling administrative cases. The cost of litigation shall be borne by the losing party, and the responsibility of both parties shall be shared by both parties. The specific measures for the collection of litigation fees shall be stipulated separately.
Article 103 This Law shall come into force as of October 1, 1990.