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ADMINISTRATIVE PROCEDURE LAW

Category  LITIGATION Organ of Promulgation  The National People's Congress Status of Effect  In Force
Date of Promulgation  1989-04-04 Effective Date  1990-10-01  

Administrative Procedure Law of the People's Republic of China



Contents
Chapter I  General Provisions
Chapter II  Scope of Accepting Cases
Chapter III  Jurisdiction
Chapter IV  Participants in Proceedings
Chapter V  Evidence
Chapter Vl  Bringing a Suit and Accepting a Case
Chapter VII  Trial and Judgment
Chapter VII  Execution
Chapter IX  Liability for Compensation for Infringement of Rights
Chapter X  Administrative Procedure Involving Foreign Interests
Chapter XI  Supplementary Provisions

(Adopted at the Second Session of the Seventh National People's Congress

on April 4, 1989, promulgated by Order No. 16 of the President of the People's
Republic of China on April 4, 1989, and effective as of October 1, 1990)
Contents

    Chapter I    General Provisions

    Chapter II   Scope of Accepting Cases

    Chapter III  Jurisdiction

    Chapter IV   Participants in Proceedings

    Chapter V    Evidence

    Chapter VI   Bringing a Suit and Accepting a Case

    Chapter VII  Trial and Judgment

    Chapter VIII Execution

    Chapter IX   Liability for Compensation for Infringement of Rights

    Chapter X    Administrative Procedure Involving Foreign Interest

    Chapter XI   Supplementary Provisions
Chapter I  General Provisions

    Article 1  Pursuant to the Constitution, this Law is enacted for the
purpose of ensuring the correct and prompt handling of administrative cases
by the people's courts, protecting the lawful rights and interests of
citizens, legal persons and other organizations, and safeguarding and
supervising the exercise of administrative powers by administrative organs in
accordance with the law.

    Article 2  If a citizen, a legal person or any other organization
considers that his or its lawful rights and interests have been infringed upon
by a specific administrative act of an administrative organ or its personnel,
he or it shall have the right to bring a suit before a people's court in
accordance with this Law.

    Article 3  The people's courts shall, in accordance with the law, exercise
judicial power independently with respect to administrative cases, and shall
not be subject to interference by any administrative organ, public
organization or individual.

    The people's courts shall set up administrative divisions for the handling
of administrative cases.

    Article 4  In conducting administrative proceedings, the people's courts
shall base themselves on facts and take the law as the criterion.

    Article 5  In handling administrative cases, the people's courts shall
examine the legality of specific administrative acts.

    Article 6  In handling administrative cases, the people's courts shall, as
prescribed by law, apply the systems of collegial panel, withdrawal of
judicial personnel and public trial and a system whereby the second instance
is the final instance.

    Article 7  Parties to an administrative suit shall have equal legal
positions.

    Article 8  Citizens of all nationalities shall have the right to use their
native spoken and written languages in administrative proceedings.

    In an area where people of a minority nationality live in concentrated
communities or where a number of nationalities live together, the people's
courts shall conduct adjudication and issue legal documents in the language or
languages commonly used by the local nationalities.

    The people's courts shall provide interpretation for participants in
proceedings who do not understand the language or languages commonly used by
the local nationalities.

    Article 9  Parties to an administrative suit shall have the right to
debate.

    Article 10  The people's procuratorates shall have the right to exercise
legal supervision over administrative proceedings.
Chapter II  Scope of Accepting Cases

    Article 11  The people's courts shall accept suits brought by citizens,
legal persons or other organizations against any of the following specific
administrative acts:

    (1) an administrative sanction, such as detention, fine, rescission of a
license or permit, order to suspend production or business or confiscation of
property, which one refuses to accept;

    (2) a compulsory administrative measure, such as restricting freedom of
the person or the sealing up, seizing or freezing of property, which one
refuses to accept;

    (3) infringement upon one's managerial decision-making powers, which is
considered to have been perpetrated by an administrative organ;

    (4) refusal by an administrative organ to issue a permit or license, which
one considers oneself legally qualified to apply for, or its failure to
respond to the application;

    (5) refusal by an administrative organ to perform its statutory duty of
protecting one's rights of the person and of property, as one has applied for,
or its failure to respond to the application;

    (6) cases where an administrative organ is considered to have failed to
issue a pension according to law;

    (7) cases where an administrative organ is considered to have illegally
demanded the performance of duties; and

    (8) cases where an administrative organ is considered to have infringed
upon other rights of the person and of property.

    Apart from the provisions set forth in the preceding paragraphs, the
people's courts shall accept other administrative suits which may be brought
in accordance with the provisions of relevant laws and regulations.

    Article 12  The people's courts shall not accept suits brought by
citizens, legal persons or other organizations against any of the following
matters:

    (1) acts of the state in areas like national defence and foreign affairs;

    (2) administrative rules and regulations, regulations, or decisions and
orders with general binding force formulated and announced by administrative
organs;

    (3) decisions of an administrative organ on awards or punishments for its
personnel or on the appointment or relief of duties of its personnel; and

    (4) specific administrative acts that shall, as provided for by law, be
finally decided by an administrative organ.
Chapter III  Jurisdiction

    Article 13  The basic people's courts shall have jurisdiction as courts of
first instance over administrative cases.

    Article 14  The intermediate people's courts shall have jurisdiction as
courts of first instance over the following administrative cases:

    (1) cases of confirming patent rights of invention and cases handled by
the Customs;

    (2) suits against specific administrative acts undertaken by departments
under the State Council or by the people's governments of provinces,
autonomous regions or municipalities directly under the Central Government;
and

    (3) grave and complicated cases in areas under their jurisdiction.

    Article 15  The higher people's courts shall have jurisdiction as courts
of first instance over grave and complicated administrative cases in areas
under their jurisdiction.

    Article 16  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 17  An administrative case shall be under the jurisdiction of the
people's court in the locality of the administrative organ that initially
undertook the specific administrative act. A reconsidered case in which the
organ conducting the reconsideration has amended the original specific
administrative act may also be placed under the jurisdiction of the people's
court in the locality of the administrative organ conducting the
reconsideration.

    Article 18  A suit against compulsory administrative measures restricting
freedom of the person shall be under the jurisdiction of a people's court in
the place where the defendant or the plaintiff is located.

    Article 19  An administrative suit regarding a real property shall be
under the jurisdiction of the people's court in the place where the real
property is located.

    Article 20  When two or more people's courts have jurisdiction over a
suit, the plaintiff may have the option to bring the suit in one of these
people's courts. If the plaintiff brings the suit in two or more people's
courts that have jurisdiction over the suit, the people's court that first
receives the bill of complaint shall have jurisdiction.

    Article 21  If a people's court finds that a case it has accepted is not
under its jurisdiction, it shall transfer the case to the people's court that
does have jurisdiction over the case. The people's court to which the case has
been transferred shall not on its own initiative transfer it to another
people's court.

    Article 22  If a people's court which has jurisdiction over a case is
unable to exercise its jurisdiction for special reasons, a people's court at a
higher level shall designate another court to exercise the 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 dispute
cannot be resolved through consultation, it shall be reported to a people's
court superior to the courts in dispute for the designation of jurisdiction.

    Article 23  People's courts at higher levels shall have the authority to
adjudicate administrative cases over which people's courts at lower levels
have jurisdiction as courts of first instance; they may also transfer
administrative cases over which they themselves have jurisdiction as courts of
first instance to people's courts at lower levels for trial.

    If a people's court deems it necessary for an administrative case of first
instance under its jurisdiction to be adjudicated by a people's court at a
higher level, it may report to such a people's court for decision.
Chapter IV  Participants in Proceedings

    Article 24  A citizen, a legal person or any other organization that
brings a suit in accordance with this Law shall be a plaintiff.

    If a citizen who has the right to bring a suit is deceased, his near
relatives may bring the suit.

    If a legal person or any other organization that has the right to bring a
suit terminates, the legal person or any other organization that succeeds to
its rights may bring the suit.

    Article 25  If a citizen, a legal person or any other organization, brings
a suit directly before a people's court, the administrative organ that
undertook the specific administrative act shall be the defendant.

    For a reconsidered case, if the organ that conducted the reconsideration
sustains the original specific administrative act, the administrative organ
that initially undertook the act shall be the defendant; if the organ that
conducted the reconsideration has amended the original specific administrative
act, the administrative organ which conducted the reconsideration shall be the
defendant.

    If two or more administrative organs have undertaken the same specific
administrative act, the administrative organs that have jointly undertaken the
act shall be the joint defendants.

    If a specific administrative act has been undertaken by an organization
authorized to undertake the act by the law or regulations, the organization
shall be the defendant.

    If a specific administrative act has been undertaken by an organization as
entrusted by an administrative organ, the entrusting organ shall be the
defendant.

    If an administrative organ has been abolished, the administrative organ
that carries on the exercise of functions and powers of the abolished organ
shall be the defendant.

    Article 26  A joint suit shall be constituted when one party or both
parties consist of two or more persons and the administrative cases are
against the same specific administrative act or against the specific
administrative acts of the same nature and the people's court considers that
the cases can be handled together.

    Article 27  If any other citizen, legal person or any other organization
has interests in a specific administrative act under litigation, he or it may,
as a third party, file a request to participate in the proceedings or may
participate in them when so notified by the people's court.

    Article 28  Any citizen with no capacity to take part in litigation shall
have one or more legal representatives who will act on his behalf in a suit.
If the legal representatives try to shift their responsibilities onto each
other, the people's court may appoint one of them as the representative of the
principal in litigation.

    Article 29  Each party or legal representative may entrust one or two
persons to represent him in litigation.

    A lawyer, a public organization, a near relative of the citizen bringing
the suit, or a person recommended by the unit to which the citizen bringing
the suit belongs or any other citizen approved by the people's court may be
entrusted as an agent ad litem.

    Article 30  A lawyer who serves as an agent ad litem may consult materials
pertaining to the case in accordance with relevant provisions, and may also
investigate among and collect evidence from the organizations and citizens
concerned. If the information involves state secrets or the private affairs of
individuals, he shall keep it confidential in accordance with relevant
provisions of the law.

    With the approval of the people's court, parties and other agents ad litem
may consult the materials relating to the court proceedings of the case,
except those that involve state secrets or the private affairs of individuals.
Chapter V  Evidence

    Article 31  Evidence shall be classified as follows:

    (1) documentary evidence;

    (2) material evidence;

    (3) audio-visual material;

    (4) testimony of witnesses;

    (5) statements of the parties;

    (6) expert conclusions; and

    (7) records of inquests and records made on the scene.

    Any of the above-mentioned evidence must be verified by the court before
it can be taken as a basis for ascertaining a fact.

    Article 32  The defendant shall have the burden of proof for the specific
administrative act he has undertaken and shall provide the evidence and
regulatory documents in accordance with which the act has been undertaken.

    Article 33  In the course of legal proceedings, the defendant shall not by
himself collect evidence from the plaintiff and witnesses.

    Article 34  A people's court shall have the authority to request the
parties to provide or supplement evidence.

    A people's court shall have the authority to obtain evidence from the
relevant administrative organs, other organizations or citizens.

    Article 35  In the course of legal proceedings, when a people's court
considers that an expert evaluation for a specialized problem is necessary,
the expert evaluation shall be made by an expert evaluation department as
specified by law. In the absence of such a department, the people's court
shall designate one to conduct the expert evaluation.

    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 Vl  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 extention of the time limit within
ten days after the obstacle is removed; the requested extention 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 thc 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
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. Extention of the time
limit necessitated by special circumstances shall be approved by a higher
people's court, extention 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.
Extention of the time limit necessitated by special circumstances shall be
approved by a higher people's court, extention 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 judgment 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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