(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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