全國(guó)人民代表大會(huì)

Article 36
Under circumstances where there is a likelihood that evidence may be
destroyed or lost or difficult to obtain later on, the participants in
proceedings may apply to the people's court for the evidence to be
preserved. The people's court may also on its own initiative take measures
to preserve such evidence.

Chapter VI Bringing a Suit and Accepting a Case
Article 37
A citizen, a legal person or any other organization may, within the scope
of cases acceptable to the people's courts, apply to an administrative
organ at the next higher level or to an administrative organ as prescribed
by the law or regulations for reconsideration, anyone who refuses to
accept the reconsideration decision may bring a suit before a people's
court; a citizen, a legal person or any other organization may also bring
a suit directly before a people's court.
In circumstances where, in accordance with relevant provisions of laws or
regulations, a citizen, a legal person or any other organization shall
first apply to an administrative organ for reconsideration and then bring
a suit before a people's court, if he or it refuses to accept the
reconsideration decision, the provisions of the laws or regulations shall
apply.
Article 38
If a citizen, a legal person or any other organization applies to an
administrative organ for reconsideration, the organ shall make a decision
within two months from the day of the receipt of the application, except
as otherwise provided for by law or regulations. Anyone who refuses to
accept the reconsideration decision may bring a suit before a people's
court within 15 days from the day of the receipt of the reconsideration
decision. If the administrative organ conducting the reconsideration 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, except as otherwise provided for by law.
Article 39
If a citizen, a legal person or any other organization brings a suit
directly before a people's court, he or it shall do so within three months
from the day when he or it knows that a specific administrative act has
been undertaken, except as otherwise provided for by law.
Article 40
If a citizen, a legal person or any other organization fails to observe
the time limit prescribed by law due to force majeure or other special
reasons, he or it may apply for an extent of the time limit within ten
days after the obstacle is removed; the requested extent shall be decided
by a people's court.
Article 41
The following requirements shall be met when a suit is brought:
(1) the plaintiff must be a citizen, a legal person or any other
organization that considers a specific administrative act to have
infringed upon his or its lawful rights and interests;
(2) there must be a specific defendant or defendants;
(3) there must be a specific claim and a corresponding factual basis for
the suit; and (4) the suit must fall within the scope of cases acceptable
to the people's courts and the specific jurisdiction of the people's court
where it is filed.
Article 42
When a people's court receives a bill of complaint, it shall, upon
examination, file a case within seven days or decide to reject the
complaint. If the plaintiff refuses to accept the decision, he may appeal
to a people's court.

Chapter VII Trial and Judgment
Article 43
A people's court shall send a copy of the bill of complaint to the
defendant within five days of filing the case. The defendant shall provide
the people's court with the documents on the basis of which a specific
administrative act has been undertaken and file a bill of defence within
ten days of receiving the copy of the bill of complaint. 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 file a bill of
defence shall not prevent the case from being tried by the people's court.
Article 44
During the time of legal proceedings, execution of the specific
administrative act shall not be suspended. Execution of the specific
administrative act shall be suspended under one of the following
circumstances:
(1) where suspension is deemed necessary by the defendant;
(2) where suspension of execution is ordered by the people's court at the
request of the plaintiff because, in the view of the people's court,
execution of the specific administrative act will cause irremediable
losses and suspension of the execution will not harm public interests; or
(3) where suspension of execution is required by the provisions of laws or
regulations.
Article 45
Administrative cases in the people's courts shall be tried in public,
except for those that involve state secrets or the private affairs of
individuals or are otherwise provided for by law.
Article 46
Administrative cases in the people's courts shall be tried by a collegial
panel of judges or of judges and assessors. The number of members of a
collegial panel shall be an odd number of three or more.
Article 47
If a party considers a member of the judicial personnel to have an
interest in the case or to be otherwise related to it, which may affect
the impartial handling of the case, the party shall have the right to
demand his withdrawal.
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 two preceding paragraphs shall apply to court
clerks, interpreters, expert witnesses and persons who conduct inquests.
The withdrawal of the president of the court as the chief 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 chief judge.
Parties who refuse to accept the decision may apply for reconsideration.
Article 48
If the plaintiff refuses to appear in court without justified reasons
after being twice legally summoned by the people's court, the court shall
consider this an application for the withdrawal of the suit; if the
defendant refuses to appear in court without justified reasons, the court
may make a judgment by default.
Article 49
If a participant in the proceedings or any other person commits any of the
following acts, the people's court may, according to the seriousness of
his offence, reprimand him, order him to sign a statement of repentance or
impose upon him a fine of not more than 1,000 yuan or detain him for not
longer than 15 days; if a crime is constituted, his criminal
responsibility shall be investigated:
(1) evading without reason, refusing to assist in or obstructing the
execution of the notice of a people's court for assistance in its
execution by a person who has the duty to render assistance;
(2) forging, concealing or destroying evidence;
(3) instigating, suborning or threatening others to commit perjury or
hindering witnesses from giving testimony;
(4) concealing, transferring, selling or destroying the property that has
been sealed up, seized or frozen;
(5) using violence, threats or other means to hinder the personnel of a
people's court from performing their duties or disturbing the order of the
work of a people's court; or (6) insulting, slandering, framing, beating
or retaliating against the personnel of a people's court, participants in
proceedings or personnel who assist in the execution of duties; A fine or
detention must be approved by the president of a people's court. Parties
who refuse to accept the punishment decision may apply for
reconsideration.
Article 50
A people's court shall not apply conciliation in handling an
administrative case.
Article 51
Before a people's court announces its judgment or order on an
administrative case, if the plaintiff applies for the withdrawal of the
suit, or if the defendant amends its specific administrative act and, as a
result, the plaintiff agrees and applies for the withdrawal of the suit,
the people's court shall decide whether or not to grant the approval.
Article 52
In handling administrative cases, the people's courts shall take the law,
administrative rules and regulations and local regulations as the
criteria. 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.
Article 53
In handling administrative cases, the people's courts shall take, as
references, regulations formulated and announced by ministries or
commissions under the State Council in accordance with the law and
administrative rules and regulations, decisions or orders of the State
Council and regulations formulated and announced, in accordance with the
law and administrative rules and regulations of the State Council, by the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government, of the cities where the people's
governments of provinces and autonomous regions are located, and of the
larger cities approved as such by the State Council.
If a people's court considers regulations formulated and announced by a
local people's government to be inconsistent with regulations formulated
and announced by a ministry or commission under the State Council, or if
it considers regulations formulated and announced by ministries or
commissions under the State Council to be inconsistent with each other,
the Supreme People's Court shall refer the matter to the State Council for
interpretation or ruling.
Article 54
After hearing a case, a people's court shall make the following judgments
according to the varying conditions:
(1) If the evidence for undertaking a specific administrative act is
conclusive, the application of the law and regulations to the act is
correct, and the legal procedure is complied with, the specific
administrative act shall be sustained by judgment.
(2) If a specific administrative act has been undertaken in one of the
following circumstances, the act shall be annulled or partially annulled
by judgment, or the defendant may be required by judgment to undertake a
specific administrative act anew:
a. inadequacy of essential evidence;
b. erroneous application of the law or regulations;
c. violation of legal procedure;
d. exceeding authority; or
e. abuse of powers.
(3) If a defendant fails to perform or delays the performance of his
statutory duty, a fixed time shall be set by judgment for his performance
of the duty.
(4) If an administrative sanction is obviously unfair, it may be amended
by judgment.
Article 55
A defendant who has been judged by a people's court to undertake a
specific administrative act anew must not, based on the same fact and
reason, undertake a specific administrative act essentially identical with
the original act.
Article 56
In handling administrative cases, if a people's court considers the head
of an administrative organ or the person directly in charge to have
violated administrative discipline, it shall transfer the relevant
materials to the administrative organ or the administrative organ at the
next higher level or to a supervisory or personnel department; if a
people's court considers the person to have committed a crime, it shall
transfer the relevant materials to the public security and procuratorial
organs.
Article 57
A people's court shall pass a judgment of first instance within three
months from the day of filing the case. Extent of the time limit
necessitated by special circumstances shall be approved by a higher
people's court, extent of the time limit for handling a case of first
instance by a higher people's court, extent of the time limit for handling
a case of first instance by a higher people's court shall be approved by
the Supreme People's Court.
Article 58
If a party refuses to accept a judgment of first instance by a people's
court, he shall have the right to file an appeal with the people's court
at the next higher level within 15 days of the serving of the written
judgment. If a party refuses to accept an order 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 10 days of the serving of
the written order. All judgments and orders of first instance by a
people's court that have not been appealed within the prescribed time
limit shall be legally effective.
Article 59
A people's court may handle an appealed case by examining the court
records, if it considers the facts clearly ascertained.
Article 60
In handling an appealed case, a people's court shall make a final judgment
within two months from the day of receiving the appeal. Extent of the time
limit necessitated by special circumstances shall be approved by a higher
people's court, extent of the time limit for handling an appealed case by
a higher people's court shall be approved by the Supreme People's Court.
Article 61
A people's court shall handle an appealed case respectively according to
the conditions set forth below:
(1) if the facts are clearly ascertained and the law and regulations are
correctly applied in the original judgment, the appeal shall be rejected
and the original judgment sustained;
(2) if the facts are clearly ascertained but the law and regulations are
incorrectly applied in the original judgment, the judgment shall be
amended according to the law and regulations; or
(3) if the facts are not clearly ascertained in the original judgment or
the evidence is insufficient, or a violation of the prescribed procedure
may have affected the correctness of the original judgment, the original
judgment shall be rescinded and the case remanded to the original people's
court for retrial, or the people's court of the second instance may amend
the judgment after investigating and clarifying the facts. The parties may
appeal against the judgment or order rendered in a retrial of their case.
Article 62
If a party considers that a legally effective judgment or order contains
some definite error, he may make complaints to the people's court which
tried the case or to a people's court at a higher level, but the execution
of the judgment or order shall not be suspended.
Article 63
If the president of a people's court finds a violation of provisions of
the law or regulations in a legally effective judgment or order of his
court and deems it necessary to have the case retried, he shall refer the
matter to the adjudication committee, which shall decide whether a retrial
is necessary.
If a people's court at a higher level finds a violation of provisions of
the law or regulations in a legally effective judgment or order of a
people's court at a lower level, it shall have the power to bring the case
up for trial itself or direct the people's court at the lower level to
conduct a retrial.
Article 64
If the people's procuratorate finds a violation of provisions of the law
or regulations in a legally effective judgement or order of a people's
court, it shall have the right to lodge a protest in accordance with
procedures of judicial supervision.

Chapter VII Execution
Article 65
The parties must perform the legally effective judgment or order of the
people's court. If a citizen, a legal person or any other organization
refuses to perform the judgment or order, the administrative organ may
apply to a people's court of first instance for compulsory execution or
proceed with compulsory execution according to law. If an administrative
organ refuses to perform the judgment or order, the people's court of
first instance may adopt the following measures:
(1) informing the bank to transfer from the administrative organ's account
the amount of the fine that should be returned or the damages that should
be paid;
(2) imposing a fine of 50 to 100 yuan per day on an administrative organ
that fails to perform the judgment or order within the prescribed time
limit, counting from the day when the time limit expires;
(3) putting forward a judicial proposal to the administrative organ
superior to the administrative organ in question or to a supervisory or
personnel department; the organ or department 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
(4) if an administrative organ refuses to execute a judgment or order, and
the circumstances are so serious that a crime is constituted, the head of
the administrative organ and the person directly in charge shall be
investigated for criminal responsibility according to law.
Article 66
If a citizen, a legal person or any other organization, during the period
prescribed by law, neither brings a suit nor carries out the specific
administrative act, the administrative organ may apply to a people's court
for compulsory execution, or proceed with compulsory execution according
to law.

Chapter IX Liability for Compensation for Infringement of Rights
Article 67
A citizen, a legal person or any other organization who suffers damage
because of the infringement upon his or its lawful rights and interests by
a specific administrative act of an administrative organ or the personnel
of an administrative organ, shall have the right to claim compensation.
If a citizen, a legal person or any other organization makes an
independent claim for damages, the case shall first be dealt with by an
administrative organ. Anyone who refuses to accept the disposition by the
administrative organ may file a suit in a people's court. Conciliation may
be applied in handling a suit for damages.
Article 68
If a specific administrative act undertaken by an administrative organ or
the personnel of an administrative organ infringes upon the lawful rights
and interests of a citizen, a legal person or any other organization and
causes damage, the administrative organ or the administrative organ to
which the above-mentioned personnel belongs shall be liable for
compensation.
After paying the compensation, the administrative organ shall instruct
those members of its personnel who have committed intentional or gross
mistakes in the case to bear part or all of the damages.
Article 69
The cost of compensation shall be included as an expenditure in the
government budget at various levels. The people's governments at various
levels may order the administrative organs responsible for causing the
compensation to bear part or all of the damages. The specific measures
thereof shall be formulated by the State Council.

Chapter X Administrative Procedure Involving Foreign Interests
Article 70
This Law shall be applicable to foreign nationals, stateless persons and
foreign organizations that are engaged in administrative suits in the
People's Republic of China, except as otherwise provided for by law.
Article 71
Foreign nationals, stateless persons and foreign organizations that are
engaged in administrative suits in the People's Republic of China shall
have the same litigation rights and obligations as citizens and
organizations of the People's Republic of China. Should the courts of a
foreign country impose restrictions on the administrative litigation
rights of the citizens and organizations of the People's Republic of
China, the Chinese people's courts shall follow the principle of
reciprocity regarding the administrative litigation rights of the citizens
and organizations of that foreign country.
Article 72
If an international treaty concluded or acceded to by the People's
Republic of China contains provisions different from those found in this
Law, the provisions of the international treaty shall apply, unless the
provisions are ones on which the People's Republic of China has announced
reservations.
Article 73
When foreign nationals, stateless persons and foreign organizations
appoint lawyers as their agents ad litem in administrative suits in the
People's Republic of China, they shall appoint lawyers of a lawyers'
organization of the People's Republic of China.

Chapter XI Supplementary Provisions
Article 74
A people's court shall charge litigation fees for handling administrative
cases. The litigation fee shall be borne by the losing party, or by both
parties if they are both held responsible. The procedure for the charging
of litigation fees shall be specified separately.
Article 75
This Law shall come into force as of October 1, 1990.

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