(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.
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