Administrative Litigation Law

Chapter 1 General Provisions

Article 1: In order to ensure the fair and timely trial of administrative cases by the people's courts, resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons, and other organizations, and supervise the exercise of powers by administrative organs in accordance with the law, this Law is formulated in accordance with the Constitution.

Article 2: Citizens, legal persons or other organizations have the right to file a lawsuit with the people's court in accordance with this Law if they believe that the administrative actions of administrative organs and their staff have infringed upon their legitimate rights and interests.

The administrative acts referred to in the preceding paragraph include administrative acts made by organizations authorized by laws, regulations, and rules.

Article 3: People's courts shall safeguard 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 head of the sued administrative agency shall appear in court to respond to the lawsuit. If unable to appear in court, the corresponding staff of the administrative organ shall be entrusted to appear in court.

Article 4: People's courts shall independently exercise their judicial power over administrative cases in accordance with the law, and shall not be subject to interference from administrative organs, social organizations, or individuals.

The people's court shall establish an administrative trial court to hear administrative cases.

Article 5: People's courts shall hear administrative cases based on facts and guided by the law.

Article 6: People's courts shall review the legality of administrative actions when adjudicating administrative cases.

Article 7: In the trial of administrative cases, the people's courts shall implement the system of collegiality, recusal, open trial, and two instance final trial in accordance with the law.

Article 8: Parties have equal legal status in administrative litigation.

Article 9: Citizens of all ethnic groups have the right to use their own language and script in administrative litigation.

In areas where ethnic minorities live in concentrated communities or where multiple ethnic groups reside together, the people's court shall conduct trials and issue legal documents in the language and script commonly used by the local ethnic groups.

The people's court shall provide translation services for litigation participants who are not familiar with the language or script commonly used by the local ethnic group.

Article 10: Parties have the right to debate in administrative litigation.

Article 11: People's procuratorates have the right to exercise legal supervision over administrative litigation.

Chapter 2 Scope of Acceptance

Article 12: People's courts shall accept the following lawsuits filed by citizens, legal persons or other organizations:

（1） Those who refuse to accept administrative penalties such as administrative detention, temporary suspension or revocation of permits and licenses, orders to suspend production or business, confiscation of illegal gains, confiscation of illegal property, fines, warnings, etc;

（2） Those who are dissatisfied with administrative enforcement measures such as restricting personal freedom or sealing, seizing, freezing property;

（3） Applying for administrative license, the administrative authority refuses or fails to respond within the statutory time limit, or disagrees with other decisions made by the administrative authority regarding administrative license;

（4） Refusing to accept the decision made by the administrative organ to confirm the ownership or use right of land, mineral resources, water flow, forests, mountains, grasslands, unreclaimed land, mudflat, sea areas and other natural resources;

（5） Those who are dissatisfied with the decisions on expropriation, requisition, and compensation;

（6） Applying for administrative organs to fulfill their statutory duties of protecting personal rights, property rights, and other legitimate rights and interests, but the administrative organs refuse to perform or do not respond;

（7） Those who believe that administrative agencies have infringed upon their operational autonomy or rural land contracting and management rights or rural land management rights;

（8） Believing that administrative agencies abuse their administrative power to exclude or restrict competition;

（9） Those who believe that administrative agencies illegally raise funds, apportion expenses, or illegally demand the fulfillment of other obligations;

（10） Those who believe that administrative agencies have not lawfully paid pensions, minimum living allowances, or social insurance benefits;

（11） Those who believe that administrative agencies fail to perform in accordance with the law, fail to perform as agreed, or illegally modify or terminate government franchise agreements, land and housing expropriation compensation agreements, and other agreements;

（12） Those who believe that administrative agencies have infringed upon other legitimate rights and interests such as personal rights and property rights.

Except as provided in the preceding paragraph, the people's court shall accept other administrative cases that can be sued according to laws and regulations.

Article 13: People's courts shall not accept lawsuits filed by citizens, legal persons, or other organizations regarding the following matters:

（1） National defense, diplomacy, and other national actions;

（2） Administrative regulations, rules, or decisions or orders with universal binding force formulated or issued by administrative organs;

（3） Decisions on rewards, punishments, appointments, and dismissals of administrative staff by administrative agencies;

（4） Administrative actions that are ultimately decided by administrative agencies as stipulated by law.

Chapter 3 Jurisdiction

Article 14: Grassroots people's courts have jurisdiction over first instance administrative cases.

Article 15: Intermediate people's courts have jurisdiction over the following first instance administrative cases:

（1） Lawsuits against administrative actions taken by State Council departments or local people's governments at or above the county level;

（2） Cases handled by customs;

（3） Major and complex cases within the jurisdiction;

（4） Other cases under the jurisdiction of intermediate people's courts as stipulated by law.

Article 16: The Higher People's Court has jurisdiction over major and complex first instance administrative cases within its jurisdiction.

Article 17: The Supreme People's Court has jurisdiction over major and complex first instance administrative cases nationwide.

Article 18: Administrative cases shall be under the jurisdiction of the people's court in the place where the administrative agency that initially made the administrative action is located. Cases that have been reviewed may also be under the jurisdiction of the people's court where the review authority is located.

With the approval of the Supreme People's Court, the Higher People's Court may determine several people's courts to have jurisdiction over administrative cases across administrative regions based on the actual situation of the trial work.

Article 19: Lawsuits brought against administrative coercive measures that restrict personal freedom shall be under the jurisdiction of the people's court in the place where the defendant or plaintiff is located.

Article 20: Administrative litigation arising from immovable property shall be under the jurisdiction of the people's court in the place where the immovable property is located.

Article 21: In cases where two or more people's courts have jurisdiction, the plaintiff may choose one of the people's courts to bring a lawsuit. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, the people's court that first filed the case shall have jurisdiction.

Article 22: If a people's court finds that a case it has accepted is not within its jurisdiction, it shall transfer it to the people's court with jurisdiction, and the transferred people's court shall accept it. If the transferred people's court considers that the transferred case does not fall under its jurisdiction according to regulations, it shall apply to the higher-level people's court for designated jurisdiction and shall not transfer it on its own.

Article 23: If a people's court with jurisdiction is unable to exercise jurisdiction due to special reasons, the higher-level people's court shall designate jurisdiction.

If there is a dispute over jurisdiction in the people's court, it shall be resolved through consultation between the disputing parties. If no agreement can be reached through negotiation, it shall be reported to their common superior people's court for designated jurisdiction.

Article 24: Higher level people's courts have the authority to hear first instance administrative cases under the jurisdiction of lower level people's courts.

If a lower level people's court deems it necessary for a higher-level people's court to hear or designate jurisdiction over a first instance administrative case under its jurisdiction, it may apply to the higher-level people's court for a decision.

Chapter 4: Participants in Litigation

Article 25: The counterpart of an administrative act and other citizens, legal persons or other organizations with an interest in the administrative act have the right to bring a lawsuit.

If a citizen who has the right to file a lawsuit dies, their close relatives may file a lawsuit.

The legal person or other organization that has the right to file a lawsuit shall terminate, and the legal person or other organization that inherits its rights may file a lawsuit.

If the People's Procuratorate discovers that administrative organs responsible for supervision and management in areas such as ecological environment and resource protection, food and drug safety, state-owned property protection, and the transfer of state-owned land use rights have illegally exercised their powers or failed to act, resulting in infringement of national interests or public interests, it shall make prosecutorial suggestions to the administrative organs to 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, legal person, or other organization directly files a lawsuit with a people's court, the administrative agency that made the administrative action shall be the defendant.

In cases that have been reviewed, if the reviewing authority decides to uphold the original administrative action, the administrative authority that made the original administrative action and the reviewing authority are joint defendants; If the reviewing authority changes the original administrative action, the reviewing authority shall be the defendant.

If the reconsideration authority fails to make a reconsideration decision within the statutory time limit and citizens, legal persons or other organizations sue the original administrative action, the administrative authority that made the original administrative action shall be the defendant; If the prosecuting and reviewing authority fails to act, the reviewing authority shall be the defendant.

If two or more administrative agencies take the same administrative action, the administrative agency that jointly takes the administrative action is a joint defendant.

The administrative action taken by the organization entrusted by the administrative agency is the defendant.

If an administrative agency is revoked or its powers are changed, the administrative agency that continues to exercise its powers is the defendant.

Article 27: If one or more parties are involved in an administrative case arising from the same administrative action, or an administrative case arising from similar administrative actions, and the people's court deems it possible to merge the cases for trial with the consent of the parties, it shall be a joint lawsuit.

Article 28: In joint litigation with a large number of parties, the parties may elect representatives to conduct the litigation. The litigation actions of the representative shall be effective for the parties they represent, but if the representative changes, waives or acknowledges the claims of the other party, they shall obtain the consent of the represented party.

Article 29: Citizens, legal persons, or other organizations who have an interest in the sued administrative act but have not filed a lawsuit, or who have an interest in the outcome of the case, may apply to participate in the lawsuit as a third party, or be notified by the people's court to participate in the lawsuit.

If the people's court orders a third party to assume obligations or reduce the rights and interests of the third party, the third party has the right to file an appeal in accordance with the law.

Article 30: Citizens who lack the capacity for litigation shall have their legal representatives act on their behalf in litigation. If the legal representatives shirk their agency responsibilities, the people's court shall designate one of them to act on their behalf in litigation.

Article 31: Parties and legal representatives may appoint one or two persons as their litigation representatives.

The following individuals may be appointed as litigation agents:

（1） Lawyers and grassroots legal service workers;

（2） Close relatives or staff members of the parties involved;

（3） Citizens recommended by the community, unit, and relevant social organizations where the parties are located.

Article 32: Lawyers who act as agents in litigation have the right to access and copy relevant materials of the case in accordance with regulations, and have the right to investigate and collect evidence related to the case from relevant organizations and citizens. Materials involving state secrets, trade secrets, and personal privacy shall be kept confidential in accordance with legal provisions.

The parties and other litigation agents have the right to access and copy the trial materials of this case in accordance with regulations, except for content involving state secrets, trade secrets, and personal privacy.

Chapter 5 Evidence

Article 33: Evidence includes:

（1） Documentary evidence;

（2） Physical evidence;

（3） Audiovisual materials;

（4） Electronic data;

（5） Witness testimony;

（6） The statements of the parties involved;

（7） Appraisal opinion;

（8） Investigation records and on-site records.

The above evidence can only be used as the basis for determining the facts of the case after being verified by the court.

Article 34: The defendant shall bear the burden of proof for the administrative action taken, and shall provide evidence of the administrative action taken and the normative documents on which it is based.

If the defendant fails to provide or fails to provide evidence without justifiable reasons, it shall be deemed that there is no corresponding evidence. However, if the sued administrative action involves the legitimate rights and interests of a third party, except where the third party provides evidence.

Article 35: During the litigation process, the defendant and its legal representative shall not collect evidence from the plaintiff, third parties, or witnesses on their own.

Article 36: If the defendant has already collected evidence when making an administrative action, but cannot provide it due to legitimate reasons such as force majeure, with the permission of the people's court, the provision may be postponed.

If the plaintiff or a third party presents reasons or evidence that were not presented in the administrative processing procedure, 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 action is illegal. If the evidence provided by the plaintiff is not valid, the defendant's burden of proof shall not be exempted.

Article 38: In cases where the plaintiff sues the defendant for failing to perform their statutory duties, the plaintiff shall provide evidence of their application to the defendant. Except for any of the following situations:

（1） The defendant shall voluntarily perform their statutory duties in accordance with their authority;

（2） The plaintiff is unable to provide evidence for legitimate reasons.

In cases of administrative compensation, the plaintiff shall provide evidence of the damages caused by the administrative action. If the plaintiff is unable to provide evidence due to the defendant's reasons, the defendant shall bear the burden of proof.

Article 39: People's courts have the right to require parties to provide or supplement evidence.

Article 40: People's courts have the right to obtain evidence from relevant administrative organs, other organizations, and citizens. However, evidence that was not collected by the defendant at the time of the administrative action shall not be retrieved to prove its legality.

Article 41: If the plaintiff or a third party is unable to collect the following evidence related to this case on their own, they may apply to the people's court for retrieval:

（1） Evidence kept by state organs and required to be retrieved by the people's court;

（2） Evidence involving state secrets, trade secrets, and personal privacy;

（3） Other evidence that cannot be collected independently due to objective reasons.

Article 42: In cases where evidence may be lost or difficult to obtain in the future, litigation participants may apply to the people's court for evidence preservation, and the people's court may also take preservation measures on its own initiative.

Article 43: Evidence shall be presented in court and cross examined by the parties involved. Evidence involving state secrets, trade secrets, and personal privacy shall not be presented during public hearings.

The people's court shall comprehensively and objectively review and verify evidence in accordance with legal procedures. Reasons for unaccepted evidence should be stated in the judgment document.

Evidence obtained through illegal means shall not be used as a basis for determining the facts of a case.

Chapter 6: Prosecution and Acceptance

Article 44: For administrative cases that fall within the scope of the people's court, citizens, legal persons, or other organizations may first apply for reconsideration to the administrative organ. If they are dissatisfied with the reconsideration decision, they may then file a lawsuit with the people's court; You can also file a lawsuit directly with the people's court.

According to laws and regulations, one should first apply for reconsideration to the administrative organ. If one is dissatisfied with the reconsideration decision and then files a lawsuit with the people's court, the provisions of laws and regulations shall be followed.

Article 45: Citizens, legal persons or other organizations who are dissatisfied with the reconsideration decision may file a lawsuit with the people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration authority fails to make a decision within the prescribed time, the applicant may file a lawsuit with the people's court within 15 days from the expiration of the reconsideration period. Unless otherwise provided by law.

Article 46: Citizens, legal persons, or other organizations who directly file a lawsuit with the people's court shall file it within six months from the date of knowing or should have known that the administrative action was taken. Unless otherwise provided by law.

If a lawsuit is filed over real estate more than 20 years from the date of the administrative action, and other cases are filed more than 5 years from the date of the administrative action, the people's court shall not accept them.

Article 47: If a citizen, legal person, or other organization applies to an administrative organ to perform its statutory duties of protecting their personal rights, property rights, and other legitimate rights and interests, and the administrative organ fails to perform such duties within two months from the date of receiving the application, the citizen, legal person, or other organization may bring a lawsuit to the people's court. If laws and regulations have other provisions on the time limit for administrative organs to perform their duties, such provisions shall prevail.

Citizens, legal persons, or other organizations who request administrative organs to fulfill their legal duties of protecting their personal rights, property rights, and other legitimate rights and interests in emergency situations, and if the administrative organs fail to fulfill them, filing a lawsuit is not subject to the time limit stipulated in the preceding paragraph.

Article 48: If a citizen, legal person, or other organization delays the deadline for filing a lawsuit due to force majeure or other reasons that do not belong to them, the time delayed shall not be counted towards the deadline for filing a lawsuit.

Citizens, legal persons or other organizations who delay the deadline for filing a lawsuit due to special circumstances other than those specified in the preceding paragraph may apply for an extension of the deadline within ten days after the obstacle is eliminated. Whether to allow it shall be decided by the people's court.

Article 49: Filing a lawsuit shall meet the following conditions:

（1） The plaintiff is a citizen, legal person or other organization that meets the requirements of Article 25 of this Law;

（2） There is a clear defendant;

（3） There are specific litigation claims and factual basis;

（4） Belonging to the scope of cases accepted by the people's court and under the jurisdiction of the sued people's court.

Article 50: When filing a lawsuit, the plaintiff shall submit a complaint to the people's court and provide copies according to the number of defendants.

If it is difficult to write a complaint, it can be filed orally, and the people's court shall record it in writing, issue a dated written voucher, and inform the other party.

Article 51: When a people's court receives a complaint that meets the conditions for filing a lawsuit as stipulated in this Law, it shall register and file the case.

For those who cannot determine whether they meet the conditions for filing a lawsuit as stipulated in this law on the spot, they shall receive the complaint, issue a written voucher indicating the date of receipt, and decide whether to file a case within seven days. If it does not meet the conditions for prosecution, a ruling will be made not to file the case. The ruling shall specify the reasons for not filing the case. If the plaintiff is dissatisfied with the ruling, they may file an appeal.

If the content of the complaint is insufficient or contains other errors, guidance and explanation should be given, and the parties should be informed of the content that needs to be corrected in one go. It is not allowed to refuse to accept a complaint without guidance and explanation on the grounds that the complaint does not meet the conditions.

For those who do not accept the complaint, do not provide written evidence after receiving the complaint, and do not inform the parties of the content of the complaint that needs to be corrected at once, the parties may file a complaint with the higher-level people's court. The higher-level people's court shall order correction and impose sanctions on the directly responsible supervisors and other directly responsible personnel in accordance with the law.

Article 52: If a people's court neither files a case nor makes a ruling not to file a case, the parties may bring a lawsuit to the higher-level people's court. If the higher-level people's court considers that the conditions for filing a lawsuit are met, it shall file and hear the case, and may also designate other lower level people's courts to file and hear the case.

Article 53: Citizens, legal persons, or other organizations who believe that the normative documents formulated by the State Council departments and local people's governments and their departments on which administrative actions are based are illegal may request a review of the normative documents when filing a lawsuit against the administrative actions.

The normative documents specified in the preceding paragraph do not include regulations.

Chapter 7 Trial and Judgment

Section 1 General Provisions

Article 54: People's courts shall publicly hear administrative cases, except for those involving state secrets, personal privacy, and as otherwise provided by law.

For cases involving trade secrets, if the parties apply for non-public trial, the trial may be held in private.

Article 55: If a party believes that a judge has an interest or other relationship with the case that may affect the fairness of the trial, they have the right to apply for the judge's recusal.

If the judges believe that they have an interest or other relationship with the case, they should apply for recusal.

The first two provisions apply to clerks, translators, appraisers, and inspectors.

The recusal of the dean as the presiding judge shall be decided by the judicial committee; The recusal of judges shall be decided by the dean; The recusal of other personnel shall be decided by the presiding judge. If the parties are dissatisfied with the decision, they may apply for reconsideration once.

Article 56: During the litigation period, the execution of administrative actions shall not be suspended. If any of the following situations occur, the execution shall be suspended:

（1） The defendant believes that the execution needs to be suspended;

（2） The plaintiff or interested party applies to suspend the execution, and the people's court believes that the execution of the administrative action will cause irreparable losses, and the suspension of execution will not harm the national interests or social public interests;

（3） The people's court believes that the execution of the administrative action will cause significant damage to the national interests and social public interests;

（4） If laws and regulations stipulate the suspension of execution.

If the parties are dissatisfied with the ruling to suspend or not suspend the execution, they may apply for reconsideration once.

Article 57: In cases where the people's court files a lawsuit against an administrative organ for failing to pay compensation, minimum living allowance, work-related injury, medical and social insurance benefits in accordance with the law, and the rights and obligations are clear, and failure to execute in advance will seriously affect the plaintiff's life, the people's court may, upon the plaintiff's application, rule for advance execution.

If the parties are dissatisfied with the advance execution ruling, they may apply for reconsideration once. The execution of the ruling shall not be suspended during the reconsideration period.

Article 58: If the plaintiff refuses to appear in court without justifiable reasons or withdraws midway without the court's permission after being summoned by a people's court summons, the case may be handled as withdrawn; If the defendant refuses to appear in court without justifiable reasons or withdraws midway without the court's permission, a judgment may be made in absentia.

Article 59: If a participant in a lawsuit or any other person commits any of the following acts, the people's court may, according to the severity of the circumstances, give them a warning, order them to sign a statement of repentance, or impose a fine of not more than 10000 yuan or detention for not more than 15 days; If a crime is committed, criminal responsibility shall be pursued in accordance with the law:

（1） Those who have the obligation to assist in investigation and enforcement, unreasonably delay, refuse or obstruct the investigation and enforcement decisions or notices of assistance issued by the people's court;

（2） Falsifying, hiding, destroying evidence or providing false proof materials to obstruct the trial of cases by the people's court;

（3） Instructing, bribing, or coercing others to give false testimony, or threatening or preventing witnesses from testifying;

（4） Concealing, transferring, selling, or damaging property that has been sealed, seized, or frozen;

（5） Using illegal means such as deception or coercion to force the plaintiff to withdraw the lawsuit;

（6） Obstructing court staff from performing their duties through violence, threats, or other means, or disrupting the order of court work through methods such as stirring up trouble or assaulting the court;

（7） Intimidating, insulting, defaming, falsely accusing, assaulting, besieging or retaliating against judges or other staff members of the people's court, litigation participants, and personnel assisting in investigation and execution.

The people's court may impose fines or detention on the main person in charge or directly responsible personnel of a unit that commits any of the acts specified in the preceding paragraph in accordance with the provisions of the preceding paragraph; Those who commit crimes shall be held criminally responsible in accordance with the law.

Fines and detention must be approved by the President of the People's Court. If the parties are dissatisfied, they may apply for reconsideration to the higher-level people's court once. The execution shall not be suspended during the reconsideration period.

Article 60: People's courts shall not apply mediation in the trial of administrative cases. However, cases involving administrative compensation, indemnification, and the exercise of discretionary power by administrative agencies as stipulated by laws and regulations can be mediated.

Mediation shall follow the principles of voluntariness and legality, and shall not harm national interests, social public interests, or the legitimate rights and interests of others.

Article 61: In administrative litigation involving administrative licensing, registration, expropriation, requisition, and judgments made by administrative organs on civil disputes, if the parties apply to resolve the relevant civil disputes together, the people's court may hear them together.

In administrative litigation, if the people's court believes that the trial of administrative cases should be based on the judgment of civil litigation, it may rule to suspend the administrative litigation.

Article 62: Before the people's court declares a judgment or ruling on an administrative case, if the plaintiff applies to withdraw the lawsuit, or if the defendant changes its administrative actions and the plaintiff agrees and applies to withdraw the lawsuit, the people's court shall make a ruling on whether to allow it.

Article 63: People's courts shall hear administrative cases based on laws, administrative regulations, and local regulations. Local regulations apply to administrative cases that occur within this administrative region.

The people's courts hear administrative cases in ethnic autonomous areas and rely on the autonomous regulations and separate regulations of the ethnic autonomous area.

The people's court shall hear administrative cases in accordance with regulations.

Article 64: In the trial of administrative cases, if the people's court finds that the normative documents provided for in Article 53 of this Law are illegal after examination, they shall not be used as a basis for determining the legality of the administrative action, and shall make handling suggestions to the formulating authority.

Article 65: People's courts shall publicly release legally effective judgments and rulings for public inspection, except for content involving state secrets, trade secrets, and personal privacy.

Article 66: If a people's court considers that the supervisory personnel or directly responsible personnel of an administrative organ have violated laws and regulations in the trial of administrative cases, it shall transfer the relevant materials to the supervisory organ, the administrative organ or its superior administrative organ; Those who believe that there has been a criminal act shall transfer the relevant materials to the public security and procuratorial organs.

The people's court may publicly announce the defendant's refusal to appear in court without justifiable reasons after being summoned by a summons, or to withdraw from the court midway without the court's permission, and may make judicial recommendations to the supervisory organ or the defendant's superior administrative organ to impose sanctions on its main responsible person or directly responsible personnel in accordance with the law.

Section 2 Ordinary Procedure of First Instance

Article 67: The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case. The defendant shall submit the evidence and normative documents on which the administrative action is based to the people's court within 15 days from the date of receiving the copy of the complaint, and submit a defense statement. 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 does not submit a defense, it does not affect the trial of the people's court.

Article 68: When people's courts hear administrative cases, they shall form a collegial panel composed of judges or judges and jurors. The members of the collegiate bench shall be an odd number of three or more.

Article 69: If the evidence of an administrative action is conclusive, the application of laws and regulations is correct, and it complies with the statutory procedures, or if the plaintiff's application for the defendant to perform statutory duties or payment obligations is unfounded, the people's court shall reject the plaintiff's lawsuit request.

Article 70: If an administrative act falls under any of the following circumstances, the people's court shall make a judgment to revoke or partially revoke it, and may also order the defendant to redo the administrative act:

（1） Insufficient main evidence;

（2） Incorrect application of laws and regulations;

（3） Violating legal procedures;

（4） Beyond authority;

（5） Abuse of power;

（6） Clearly inappropriate.

Article 71: If the people's court rules that the defendant shall make a new administrative action, the defendant shall not make an administrative action that is essentially the same as the original administrative action based on the same facts and reasons.

Article 72: If the people's court, after trial, finds that the defendant has failed to perform its statutory duties, it shall order the defendant to perform them within a certain period of time.

Article 73: If the people's court, after trial, finds that the defendant has a payment obligation according to law, it shall order the defendant to fulfill the payment obligation.

Article 74: If an administrative act falls under any of the following circumstances, the people's court shall make a judgment to confirm its illegality, but shall not revoke the administrative act:

（1） Administrative actions should be revoked according to law, but revocation would cause significant damage to national interests and public interests;

（2） The administrative action procedure is slightly illegal, but it does not have a practical impact on the plaintiff's rights.

If an administrative action falls under any of the following circumstances and does not require revocation or judgment, the people's court shall confirm its illegality:

（1） Administrative actions that are illegal but do not have revocable content;

（2） The defendant changes the original illegal administrative act, but the plaintiff still requests confirmation that the original administrative act is illegal;

（3） The defendant's failure or delay in fulfilling their statutory duties renders the judgment of performance meaningless.

Article 75: If an administrative act has significant and obvious illegal circumstances such as the implementing subject not having the qualifications of an administrative subject or having no basis, and the plaintiff applies to confirm the invalidity of the administrative act, the people's court shall make a judgment to confirm the invalidity.

Article 76: If a people's court confirms the illegality or invalidity of a judgment, it may also order the defendant to take remedial measures; If the plaintiff suffers losses, the defendant shall be held liable for compensation in accordance with the law.

Article 77: If an administrative penalty is clearly inappropriate, or if other administrative actions involve errors in determining or identifying the amount of money, the people's court may make a judgment to modify it.

The people's court's judgment amendment shall not increase the plaintiff's obligations or reduce the plaintiff's rights and interests. Except for cases where both parties involved are plaintiffs and the claims are against each other.

Article 78: If the defendant fails to perform in accordance with the law, fails to perform as agreed, or illegally changes or terminates the agreement stipulated in Article 12, Paragraph 1, Item 11 of this Law, the people's court shall order the defendant to bear the responsibility of continuing to perform, taking remedial measures, or compensating for losses.

If the defendant changes or terminates the agreement stipulated in Article 12, Paragraph 1, Item 11 of this Law legally, but fails to provide compensation in accordance with the law, the people's court shall make a judgment to provide compensation.

Article 79: In cases where the reconsideration authority and the administrative authority that made the original administrative action are joint defendants, the people's court shall make a judgment on both the reconsideration decision and the original administrative action.

Article 80: People's courts shall publicly announce judgments on both open and closed trial cases.

If a judgment is pronounced in court, the judgment shall be sent within ten days; For those who are sentenced regularly, a judgment shall be issued immediately after the verdict is pronounced.

When declaring a judgment, the parties must be informed of their right to appeal, the deadline for appeal, and the people's court for appeal.

Article 81: The people's court shall make a first instance judgment within six months from the date of filing the case. If there are special circumstances that require an extension, it shall be approved by the Higher People's Court. If the Higher People's Court needs to extend the trial of first instance cases, it shall be approved by the Supreme People's Court.

Section 3 Simplified Procedure

Article 82: In the trial of the following first instance administrative cases, if the people's court considers that the facts are clear, the rights and obligations are clear, and the dispute is not significant, it may apply the simplified procedure:

（1） The sued administrative action was taken on the spot in accordance with the law;

（2） The case involves an amount of less than 2000 yuan;

（3） Belonging to government information disclosure cases.

For first instance administrative cases other than those specified in the preceding paragraph, if the parties agree to apply the simplified procedure, the simplified procedure may be applied.

Cases remanded for retrial or retried according to the trial supervision procedure are not subject to summary procedure.

Article 83: Administrative cases that are subject to summary procedures shall be tried solely by one judge and shall be concluded within 45 days from the date of filing.

Article 84: If a people's court finds that a case is not suitable for summary procedure during the trial process, it shall rule to convert it to ordinary procedure.

Section 4: Second Instance Procedure

Article 85: If a party disagrees with the first instance judgment of a people's court, they have the right to appeal to the higher-level people's court within 15 days from the date of service of the judgment. If the party concerned disagrees with the first instance ruling of the people's court, they have the right to appeal to the higher-level people's court within ten days from the date of service of the ruling. If no appeal is filed within the prescribed time, the first instance judgment or ruling of the people's court shall take legal effect.

Article 86: People's courts shall form a collegial panel to hear appeal cases in court. After reviewing the case files, conducting investigations, and questioning the parties involved, if no new facts, evidence, or reasons have been presented and the collegiate bench deems it unnecessary to hold a court hearing, it may also choose not to hold a court hearing.

Article 87: When a people's court hears an appeal case, it shall conduct a comprehensive review of the judgment, ruling, and sued administrative action of the original people's court.

Article 88: When a people's court hears an appeal case, it shall make a final judgment within three months from the date of receiving the appeal petition. If there are special circumstances that require an extension, it shall be approved by the Higher People's Court. If the Higher People's Court needs to extend the trial of appeal cases, it shall be approved by the Supreme People's Court.

Article 89: People's courts shall handle appeal cases according to the following circumstances:

（1） If the facts determined in the original judgment or ruling are clear and the application of laws and regulations is correct, the appeal shall be rejected and the original judgment or ruling shall be upheld;

（2） If the original judgment or ruling contains errors in the determination of facts or the application of laws and regulations, it shall be amended, revoked or modified in accordance with the law;

（3） If the basic facts identified in the original judgment are unclear or the evidence is insufficient, the case shall be remanded to the original people's court for retrial, or the judgment shall be revised after clarifying the facts;

（4） If the original judgment seriously violates the legal procedures by omitting the parties involved or illegally absent the judgment, the original judgment shall be revoked and sent back to the original trial court for retrial.

After the original people's court makes a judgment on a case that has been remanded for retrial, if the parties file an appeal, the second instance people's court shall not remand the case for retrial again.

If the people's court needs to change the original judgment in the trial of an appeal case, it shall also make a judgment on the sued administrative act.

Section 5 Trial Supervision Procedure

Article 90: If a party believes that a legally effective judgment or ruling is indeed erroneous, they may apply to the higher-level people's court for retrial, but the execution of the judgment or ruling shall not be suspended.

Article 91: If a party's application meets any of the following circumstances, the people's court shall conduct a retrial:

（1） Refusing to file or dismissing a lawsuit is indeed incorrect;

（2） There is new evidence that is sufficient to overturn the original judgment or ruling;

（3） The main evidence for determining the facts in the original judgment or ruling is insufficient, has not been cross examined, or has been forged;

（4） The original judgment or ruling has errors in the application of laws and regulations;

（5） Violating legal procedures that may affect fair trials;

（6） The original judgment or ruling omitted the litigation request;

（7） The legal document based on which the original judgment or ruling was made is revoked or changed;

（8） The judges have committed acts of corruption, bribery, favoritism, and bending the law during the trial of the case.

Article 92: If the presidents of people's courts at all levels find that a legally effective judgment or ruling of their own court falls under any of the circumstances stipulated in Article 91 of this Law, or if they find that the mediation violates the principle of voluntariness or the content of the mediation agreement is illegal, and believe that a retrial is necessary, they shall submit it to the adjudication committee for discussion and decision.

If the Supreme People's Court finds that a legally effective judgment or ruling of a local people's court at any level, or a higher-level people's court finds that a legally effective judgment or ruling of a lower level people's court falls under any of the circumstances stipulated in Article 91 of this Law, or finds that the mediation violates the principle of voluntariness or the content of the mediation agreement is illegal, it has the right to bring the case up for trial or instruct the lower level people's court to conduct a retrial.

Article 93: If the Supreme People's Procuratorate finds any of the circumstances specified in Article 91 of this Law or discovers that a mediation document damages national interests or public interests in a legally effective judgment or ruling of a people's court at all levels, or if a higher-level people's procuratorate finds any of the circumstances specified in Article 91 of this Law in a legally effective judgment or ruling of a lower level people's court, it shall file an appeal.

If local people's procuratorates at all levels find that a legally effective judgment or ruling of a people's court at the same level falls under any of the circumstances stipulated in Article 91 of this Law, or if they find that a mediation agreement damages national interests or public interests, they may make prosecutorial suggestions to the people's court at the same level and report to the higher-level people's procuratorate for the record; You can also request the higher-level People's Procuratorate to file a protest with the same level People's Court.

People's procuratorates at all levels have the right to make prosecutorial suggestions to the people's courts at the same level regarding the illegal behavior of trial personnel in other trial procedures beyond the trial supervision procedure.

Chapter 8 Execution

Article 94: The parties must comply with legally effective judgments, rulings, and mediation agreements of the people's court.

Article 95: If a citizen, legal person, or other organization refuses to perform a judgment, ruling, or mediation agreement, the administrative authority or a third party may apply to the first instance people's court for compulsory enforcement, or the administrative authority may enforce it in accordance with the law.

Article 96: If an administrative organ refuses to perform a judgment, ruling, or mediation agreement, the people's court of first instance may take the following measures:

（1） Notify the bank to transfer the corresponding fines or payable amounts from the administrative agency's account;

（2） For those who fail to perform within the prescribed time limit, the person in charge of the administrative organ shall be fined 50 to 100 yuan per day from the date of expiration;

（3） Publicize the refusal of administrative agencies to perform;

（4） Submit judicial recommendations to the supervisory authority or the higher-level administrative authority of the administrative authority. The authority that accepts judicial advice shall handle it in accordance with relevant regulations and inform the people's court of the handling situation;

（5） Those who refuse to comply with judgments, rulings, or mediation agreements and have a negative social impact may have their directly responsible supervisors and other directly responsible personnel detained; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be pursued in accordance with the law.

Article 97: If a citizen, legal person, or other organization fails to file a lawsuit or perform an administrative action within the statutory time limit, the administrative organ may apply to the people's court for compulsory enforcement or enforce it in accordance with the law.

Chapter 9: Foreign related Administrative Litigation

Article 98 This Law shall apply to administrative proceedings in the People's Republic of China by foreigners, stateless persons and foreign organizations. Unless otherwise provided by law.

Article 99 Foreigners, stateless persons and foreign organizations conducting administrative litigation 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.

If foreign courts restrict the administrative litigation rights of citizens and organizations of the People's Republic of China, the people's courts shall apply the principle of reciprocity to the administrative litigation rights of citizens and organizations of that country.

Article 100 When foreigners, stateless persons or foreign organizations entrust lawyers to represent them in administrative proceedings in the People's Republic of China, they shall entrust lawyers from lawyers' organizations of the People's Republic of China.

Chapter 10 Supplementary Provisions

Article 101: In the trial of administrative cases by the people's courts, relevant provisions of the Civil Procedure Law of the People's Republic of China shall apply regarding the period, service, property preservation, court hearing, mediation, suspension of litigation, termination of litigation, summary procedure, execution, and the supervision of the people's procuratorates over the acceptance, trial, judgment, and execution of administrative cases, which are not provided for in this Law.

Article 102: People's courts shall charge litigation fees when adjudicating administrative cases. The litigation costs shall be borne by the losing party, and if both parties are responsible, they shall be shared by both parties. The specific method for collecting litigation fees shall be stipulated separately.

Article 103: This Law shall come into effect on October 1, 1990.