(Adopted at the Second Session of the Seventh National People's
Congress on April 4,1989 and promulgated by Order No.16 of the
President of the People's Republic of China on April 4,1989)
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 Interests
Chapter XI?? Supplementary
Provisions
Chapter I
Genera 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 o 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'? 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 or 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'? court at a
higher level shall designate another court to exercise the
jurisdiction.
If a dispute arises over jurisdiction between people' 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 level for trial.
If 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 a 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 or
proor 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 a 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 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 l5 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 l5 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:
(l) 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:
(l) 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 'e
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 l,000 yuan or detain him for not longer
than l5 days; if a crime is constituted, his criminal
responsibility shall be investigated:
(l) 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 loca1 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:
(l) 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
. Extension of the time limit necessitated by special circumstances
shall be approved by a higher people's court, extension 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. Extension of the time limit necessitated by
special circumstances shall be approved by a higher people's court,
extension 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 VIII
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 of 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.?
Source: NPC