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The current administrative procedure law

(by April 4, 1989 seventh session of the National People's Congress second conference 1989 year in April 4th the president of the people's Republic of China announced in October 1, 1990 the implementation of Decree No. sixteenth)

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Amendment of Administrative Litigation Law (Draft)

In December 23, 2013, the twelfth session of the sixth session of the NPC standing first considered the "people's Republic of China administrative procedure law amendment (Draft)". "The people's Republic of China administrative procedure law amendment (Draft)" published in the Chinese net, open to the community to solicit opinions. The comment deadline: 2014 01 month 30 days.

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Article 1

In order to ensure the correct, prompt handling of administrative cases by the people's court, the protection of citizens, legal persons and other organizations of the legitimate rights and interests, safeguarding and supervising the exercise of administrative powers, this law is enacted in accordance with the constitution.

To ensure that the people's courtsJusticeThe trial of administrative cases, timely, protection of citizens, legal persons and other organizations of the legitimate rights and interests, the supervision of administrative organs exercise their functions and powers according to law, this law is enacted in accordance with the constitution.

Article second

The citizen, legal person or other organization believes that a specific administrative act of administrative organ or its personnel infringe upon their legitimate rights and interests, have the right to bring a lawsuit to the people's court in accordance with this law.

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The citizen, legal person or other organization believes that a specific administrative act of administrative organ or its personnel infringe upon their legitimate rights and interests, have the right to bring a lawsuit to the people's court in accordance with this law.

Administrative organs mentioned in the preceding paragraph shall, in accordance with the law, including the regulations authorize specific administrative acts of the organization.

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Article third

The people's court shall guarantee that citizens, legal persons or other organizations the right to sue, to administrative cases shall be accepted according to the admissibility of.

The administrative organs shall not hinder the intervention, the people's Court of administrative cases. The administrative organ shall respond.

Article eleventh

The people's court accepts the citizens, legal persons and other organizations may initiate litigation to the following specific administrative acts:
(a) the detention, fine, rescission of a license or permit, order to suspend production or business, confiscation of property;
(two) restricting freedom of the person or the seizure, seizure, freezing of assets against compulsory administrative measures;
(three) that the administrative organ infringe the law management autonomy;
(four) that meet the statutory requirements to apply for the administrative organ to issue a permit or license, the administrative organ has refused to issue or not to reply;
(five) the administrative organ to protect personal rights, property rights legal duty application, an administrative organ refuses to perform or fails to respond to the;
(six) thought that the administration did not grant pension according to law;
(seven) consider that administrative organs illegally demanded the performance of duties;
(eight) that the administrative organ infringe other personal rights, property rights.
Except the provisions of the preceding paragraph, the people's court accepts the laws, regulations and other administrative suits which may be brought.

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Article twelfth

  The people's court accepts the lawsuit citizens, legal persons or other organizations:

A pairAdministrationDetention,TemporarilyOr rescission of a license or permit, order to suspend production, confiscate theIllegalIncome, the confiscation ofIllegalProperty, fine,WarningAdministrative punishments;

(two) restricting freedom of the person or the seizure, seizure, freezing the property of administrative coercive measures andAdministrative compulsory executionDissatisfied with the;

Three.The application for administrative license, the administrative organ refuses or fails to respond to, or refuses to accept the grant, change, cancellation, revocation, continuation, the cancellation of the administrative licensing decision;

(four) apply for the administrative organ to protect personal rights, property rightsThe legitimate rights and interestsStatutory duties, the administrative organ refuses to perform or fails to respond to the;

Five.Think of ownership or use right of the administrative organ infringes its enjoy the land, minerals, water, forests, mountains, grassland, uncultivated land, beaches, waters and other natural resources;

(six) consider that administrative organs infringe upon their business since the rural land contracting right of sovereignty or;

(seven) that the abuse of administrative power to exclude or restrict competition;

(eight) thought that the administration of illegal fund-raising, expropriation of property, apportion expenses or illegally demanded the performance of duties;

(nine) thought that the administration failed to grant pension or the payment of the minimum living allowance, social insurance benefits;

(ten) that the administrative organ infringe other personal rights, property rights and other lawful rights and interests of the.

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Article fourteenth

The citizen, legal person or other organization deems normative documents other than making the departments under the State Council and the local people's Government on the basis of the specific administrative act and the regulations of illegal, in the filed a lawsuit against a specific administrative act, may also request for a review of the normative documents.

Article thirteenth　

The people's court shall not accept the citizen, legal person or other organization filed a lawsuit on the following matters:
(a) behavior of national defense, diplomacy;
(two) administrative regulations, rules or making of the administrative agency, released universally binding decisions, orders;
(three) the administrative organ of the executive staff rewards and punishment, or decided;
(four) the law by the specific administrative acts of the final decision.

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Article sixteenth

The people's court shall not accept the citizen, legal person or other organization filed a lawsuit on the following matters:
(a) behavior of national defense, diplomacy;
(two) administrative regulations, rules or making of the administrative agency, released universally binding decisions, orders;
(three) the administrative organ of the executive staff rewards and punishment, or decided;
(four) the law by the specific administrative acts of the final decision.

   The higher people's court may determine the number of cross Administrative Region under the jurisdiction of the grassroots people's Court of first instance administrative cases.

Article fourteenth

The intermediate people's courts shall have jurisdiction over the following administrative case of first instance:
(a) confirmed case of the invention patents, cases handled by the customs;
(two) filed a lawsuit against a specific administrative act of the departments under the State Council or of the provinces, autonomous regions, municipalities directly under the central government, the case;
(three) the area of major, complicated cases.

Article seventeenth

The intermediate people's courts shall have jurisdiction over the following administrative case of first instance:

(a) patent, trademark rights cases and cases handled by the customs;

(two) filed a lawsuit against the specific administrative acts of the local people's governments at or above the county level departments under the State Council or the case;

(three) the area of major, complicated cases.

Article twentieth　

The people's court for more than two have jurisdiction over a case, the plaintiff may select one of an action in a people's court. The plaintiff to more than two a lawsuit in the people's Court of jurisdiction, jurisdiction, the people's court that first receives the bill of complaint.

Article twenty-third

The people's court for more than two have jurisdiction over a case, the plaintiff may select one of an action in a people's court. The plaintiff to more than two a lawsuit in the people's court jurisdiction, under the jurisdiction of the people's court by the first case.

Article twenty-third

The higher people's court has jurisdiction over the lower level people's Court of first instance trial of administrative cases, can also take the administrative cases of first instance jurisdiction over which the people's court for trial.
If the people's court for the jurisdiction of administrative cases in first instance, that need for trial by a people's court at the higher level people's court decides, can apply for.

Article twenty-sixth

Administrative cases of first instance court at a higher level have the right under the jurisdiction of a people's court at the hearing.

If the people's court for the jurisdiction of administrative cases in first instance, as required by the superior people's court hearing or the designated jurisdiction, can be submitted to the people's court decision.

Article twenty-fourth

In accordance with the provisions of this law, the civil lawsuit legal person or other organization is the plaintiff.
Have the right to litigate citizen is deceased, his near relatives may bring the suit.
Legal person has the right to file a lawsuit or other organization is terminated, the legal person or other organization bearing rights may bring the suit.

Article twenty-seventh

The specific administrative actThe relative personAs well asOther and has interests in a specific administrative actCitizens, legal persons or other organizations have the right to bring a lawsuit, the plaintiff.

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Article twenty-fifth

Citizens, legal persons or other organizations directly file a lawsuit to the people's court to undertake a specific administrative act, the administrative organ shall be the defendant.
The reconsideration of the case, the reconsideration organ decided to maintain the original specific administrative act, making the original specific administrative act are the defendant; administrative organs of the specific administrative act, the reconsideration organ shall be the defendant.
The administrative organs of more than two to make the same specific administrative act, jointly take a specific administrative act are the CO defendant.
The specific administrative act authorized by the laws, regulations of the organizations, the organization is the defendant. The specific administrative act authorized by the administrative organizations, the entrusting organ shall be the defendant.
Administrative organs were removed, continue to exercise their functions and powers of the administrative organ shall be the defendant.

Article twenty-eighth

Citizens, legal persons or other organizations directly file a lawsuit to the people's court to undertake a specific administrative act, the administrative organ shall be the defendant.
 The reconsideration of the case, the reconsideration organ decided to maintain the original specific administrative act, making the original specific administrative act are the defendant; administrative organs of the specific administrative act, the reconsideration organ shall be the defendant.

The reconsideration organ fails to make a reconsideration decision within the statutory time limit, the citizen, legal person or other organization sued the original specific administrative act, making the original specific administrative act are the defendant; the prosecution the reconsideration organ is not as, the reconsideration organ shall be the defendant.
The administrative organs of more than two to make the same specific administrative act, jointly take a specific administrative act are the CO defendant.
  Specific administrative behavior of the administrative organ entrusted organizations, the entrusting organ shall be the defendant.
  Administrative authorities revoked or authority to change, to continue to exercise its functions and powers of the administrative organ shall be the defendant.

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Article thirtieth

If a party to a joint action is large in number, the party concerned may elect a representative litigation. Litigation representative takes effect on the parties, but the representative change, waiver of claims, must be approved by representatives of the parties.

Article twenty-seventh

Other interested citizens, legal persons or other organizations with the specific administrative act lawsuit, can be used as third applicants to participate in the proceedings or the people's court, participate in litigation.

Article thirty-first

Citizens, legal persons or other organizations with the defendant has interests in a specific administrative act but no lawsuit, or the same case processing has an interest relationship with the results, can be used as third applicants to participate in the proceedings or the people's court, participate in litigation.

The third sentence obligations the people's court according to law, have the right to appeal.

Article twenty-ninth

The parties, legal representative, may appoint one or two persons litigation.
Recommend a lawyer, social group, filed a lawsuit against a near relative of the citizen or units of the people, and the other citizens of the people's court permission, may be entrusted as an agent ad litem.

Article thirty-third

The parties, legal representative, may appoint one or two persons litigation.
The following persons may be entrusted as an agent ad litem:

(a), legal service workers at the basic level;

(two) close relative of a party or the staff;

(three) the parties communities, institutions and relevant social groups recommended citizens.

Article thirtieth

Deputy litigation lawyers in accordance with the provisions, may consult the materials relating to the case, can from the organizations and citizens concerned investigation, collection of evidence. Involving state secrets or personal privacy shall be kept confidential materials, in accordance with the law.
With permission of the people's court, parties and other agents ad litem may consult the materials relating to the court proceedings, but involving state secrets or personal privacy except.

Article thirty-fourth

Deputy litigation lawyers, can refer to, in accordance with the provisions of copying the relevant materials of the case, can from the organizations and citizens concerned investigation, collection of evidence. Involving state secrets, commercial secrets or personal privacy shall be kept confidential materials, in accordance with the law.

With permission of the people's court, parties and other agents ad litem may consult the materials relating to the court proceedings, replication, but involving state secrets, commercial secrets or personal privacy exception.

Article thirty-first　

The evidence is the following:
(a) documentary evidence;
(two) evidence;
(three) audio-visual materials;
(four) the testimony of a witness;
(five) statements of the parties;
(six) the identification conclusion;
(seven) investigation transcripts, transcripts of the scene.
The above evidence by the court to review the case, can be taken as a basis.

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Article thirty-fifth

Evidence includes:

(a) documentary evidence;

(two) evidence;

(three) audio-visual materials;

(four) electronic data;

(five) the testimony of a witness;

(six) statements of the parties;

(seven) the expert opinion;

(eight) investigation transcripts, transcripts of the scene.

The above evidence by the court to review the case, can be taken as a basis.

Article thirty-second

The defendant shall bear the burden of proof for the specific administrative act made, shall provide the specific administrative action evidence and regulatory documents on the basis of.

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Article thirty-sixth

The defendant shall bear the burden of proof for the specific administrative act made, shall provide the specific administrative action evidence and regulatory documents on the basis of.

The defendant does not provide evidence or fails without justification, as there is no evidence. However, the specific administrative actInvolving third peopleThe legitimate rights and interests, except to provide evidence or the people's court shall obtain evidence of third people.

Article thirty-third

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

Article thirty-third

In the course of legal proceedings, the defendant and his agent ad litem shall not to the plaintiff,Third peopleAnd the collection of evidence.

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Article thirty-eighth

Any of the following circumstances, with permission of the people's court, the defendant may supplement the evidence:

(a) the defendant had collected evidence in the specific administrative acts, but due to force majeure and other legitimate reasons can not provide;

(two) the plaintiff or the third party in the administrative process is put forward in this no reason or evidence.

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Article thirty-ninth

The plaintiff may provide proof of the specific administrative act as illegal evidence. The plaintiff to provide evidence is not established, the burden of proof is not exempt from the defendant.

Article fortieth

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Article fortieth

In the prosecution and the defendant did not perform their statutory duties in the case, the plaintiff shall provide the defendant to apply evidence. Except for the following circumstances:

(a) the defendant shall actively fulfill their legal duties in accordance with the terms of reference;

(two) the plaintiff for justified reasons cannot provide evidence.

In the administrative compensation and administrative compensation cases according to law, the plaintiff shall provide evidence of damage caused by a specific administrative act. Due to the reason of the plaintiff not proof, the defendant shall bear the burden of proof.

Article thirty-fourth　

The people's court shall have the authority to request the parties to provide or supplement evidence.
The people's court shall have the right to the relevant administrative organs, other organizations, citizens to obtain evidence.

Article forty-first

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

Article forty-second

The people's court shall have the right to the relevant administrative organs, other organizations, citizens to obtain evidence. However, no specific administrative act to prove the legality of specific administrative acts. The defendant did not collect evidence.

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Article forty-third

The following evidence relevant to the case,The plaintiff or the third partyCan not be collected, may apply to a people's Court:

(a) by the state organs shall be preserved by the people's court to obtain evidence;

(two) involving state secrets, commercial secrets or personal privacy evidence;

(three) because of objective reasons can not collect other evidence.

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Article forty-fifth

The evidence shall be presented in court and cross examined by the parties concerned. Involving state secrets, commercial secrets or personal privacy evidence, shall not be presented in an open court session.

The people's court shall, in accordance with legal procedures, comprehensive, objectively examine and verify evidence. No evidence of adoption shall explain the reasons.

Evidence obtained by illegal means, not as determined in accordance with the case.

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Article forty-ninth

Citizens, legal persons or other organizationsApplyThe performance of the ExecutiveProtectionThe legitimate rights and interests of his personal right, property right and other legal responsibility, the administrative organ at the date of receiving the applicationIn two monthsDon't perform, citizens, legal persons or other organizations may apply to the people's courtA lawsuit. Laws, regulations and administrative duties of the period, from its provisions.

Citizens, legal persons or other organizations inIn case of emergencyRequest the administrative organ to perform its protection of their personal rights, property rights and other lawful rights and interests of the legal responsibility, the administrative organ fails to perform, the prosecution periodDo not be restricted by the preceding paragraph.

Article fortieth　

citizens, legal persons or other organizations due to force majeure or other special circumstances to delay the time limit prescribed by law, in ten days after the obstacle is removed, can apply for an extension of the term by the people's court.

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Article fiftieth　

Citizens, legal persons or other organizations because of can't cause resistance or other does not belong to the parties themselves over the prosecution deadline, the delayed time is not included in the prosecution deadline. For personal freedom is restricted and not a lawsuit, personal freedom restricted time does not calculate in the prosecution period.

Citizens, legal persons or other organizations for other special circumstances to delay the prosecution, in ten days after the obstacle is removed, can apply for an extension of time limit, it shall be decided by a people's court.

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Article fifty-first

The prosecution shall be submitted to the people's court indictment, and puts forward the copies according to the number of defendants.

If the plaintiff is difficult, can be oral proceedings, the people's court shall record, written certificate issued by the date, and inform the other party.

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Article fifty-second

The people's court shall be registered on the spot after receiving the complaint, and issue a written document date. The indictment deficiency of the content or other errors, shall give guidance and interpretation, andDisposableInform the litigants correction. Shall not without the guidance and interpretation to the prosecution did not meet the requirements for not accepting.

for not receiving the complaint, the complaint after receiving not issue a written document, and not a one-time compensation of complaint and inform the parties content, the parties may superior people toComplaint, the superior people's court shall order it to make corrections, and the directly responsible personnel in charge and other directly responsible personnel shall be given sanctions.

Article forty-first

Proceedings shall meet the following conditions:
(a) the plaintiff is that citizens, legal persons or other organizations to the specific administrative acts infringe upon their legitimate rights and interests;
(two) a definite defendant;
(three) there are specific claim and the facts;
(four) belong to the scope of jurisdiction of courts and be subject to the jurisdiction of the people's Court of appeal.

Article fifty-third

Proceedings shall meet the following conditions:
(a) "the plaintiff is in accordance with the lawArticle twenty-seventhThe citizen, legal person or other organization shall".
(two) a definite defendant;
(three) there are specific claim and the facts;
(four) belong to the scope of jurisdiction of courts and be subject to the jurisdiction of the people's Court of appeal.

Article forty-second

The people's court receives a bill of complaint, after examination, shall file the case or decide not to accept it within seven days. The plaintiff is dissatisfied with the ruling, it may file an appeal.

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Article fifty-fourth

The prosecution in accordance with the law fifty-third stipulation, the people's court shall, after receiving the complaint or within seven days from date of filing complaint orally, and notify the party concerned; do not meet the conditions of prosecution, shall make a ruling within seven days, will not be accepted. The ruling shall indicate the reasons for rejection. The plaintiff is dissatisfied with the ruling, it may file an appeal.

The people's court within seven days is not on file, and without making rulings, the parties may bring a lawsuit to a people's court at a higher level. The people's court at a higher level that meet the conditions of prosecution, shall file the case, trial, you can also specify other lower level people's court, the trial.

The seventh chapter is divided into five sections, increase the section name, regulations:

"Section 1 General Provisions", the contents of fifty-fifth to sixty-sixth;

"The second day the ordinary procedure of first instance," content is sixty-seventh to Seventy-eighth;

"The third section summary procedure", content is seventy-ninth, eightieth;

"Fourth second instance procedure", the contents of eighty-first to eighty-fifth;

"The fifth day trial supervision procedure", the contents of eighty-sixth to eighty-ninth.

Article forty-third

The people's court shall within five days from the date of filing, send a copy of the indictment to the defendant. The defendant should be in receipt of a copy of the indictment of a people's court within ten days to submit relevant materials to make concrete administrative behavior, and puts forward the reply. The people's court shall, on receipt of the reply within five days from the date of the reply, send a copy of the plaintiff.
A bill of defence shall not affect the court hearing.

Article sixty-seventh

The people's court shall within five days from the date of filing, send a copy of the indictment to the defendant. The defendant should be in receipt of a copy of the indictment of a people's court within fifteen days of submission of the specific administrative act of evidence and on the basis of normative documents, and puts forward the reply. The people's court shall, on receipt of the reply within five days from the date of the reply, send a copy of the plaintiff.

A bill of defence shall not affect the court hearing.

Article forty-fourth

During the proceedings, not to stop the execution of the specific administrative act. But one of the following circumstances, to stop the execution of the specific administrative act:
(a) the defendant that the need to stop the execution of the;
(two) the plaintiff applies to stop the execution, the people's court that the execution of the specific administrative act will cause irreparable damage, and suspension of the execution will not harm the public interest of the society, ruling to stop the execution of the;
(three) to stop the implementation of the provisions of laws, rules and regulations.

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Article fifty-eighth

During the proceedings, not to stop the execution of the specific administrative act. But one of the following circumstances, ruling to stop the execution of the specific administrative act:

(a) the defendant that the need to stop the execution of the;

(two) the application or that of an interested person to stop the execution, the people's court that the execution of the specific administrative act will cause irreparable damage, and suspension of the execution will not damage the interests of the state, social and public interests;

Three.The people's courtThe execution of the specific administrative act will cause serious damage to national interests, social public interests;

(four) to stop the implementation of the provisions of laws, rules and regulations.

"Not parties to stop execution or not to stop the execution of the ruling,May apply for reconsideration once.

Article forty-fifth

The people's court open trial of administrative cases, except for those that involve state secrets, personal privacy regulations and laws otherwise.

Article fifty-fifth

The people's court open trial of administrative cases, except for those that involve state secrets, personal privacy regulations and laws otherwise.

Cases involving commercial secrets, the parties do not apply for an open trial, can not be heard in public.

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Article fifty-ninth

The people's court shall not grant pension, the minimum living guarantee fee and pay inductrial injury, medical social insurance case to prosecute the administrative organ, the rights and obligations clear, without prior execution willSeriously affectedPlaintiffLife, can according to the plaintiff's application, order advance execution.

The party is dissatisfied with the ruling for prior execution,May apply for reconsideration once. Order shall not be suspended during the period of reconsideration execution.

Article forty-ninth

Lawsuit participates in a person or other person commits any of the following acts, the people's court may according to the seriousness of the case, be reprimanded, shall be ordered to write a statement of repentance or one thousand yuan fine, fifteen days detention; constitutes a crime, shall be investigated for criminal responsibility according to law:
(a) have the obligation to assist in execution of the people, a people's court for a notice for assistance in execution, evading without reason, refuse or impede the implementation of the;
(two) forgery, hiding, destroying evidence;
Instigating, suborning, (three) stress or threatening others to commit perjury, prevent the witness;
(four), transfer, sale, the hidden damage has been seized, seizure, freezing of property;
(five) using violence, threats or other means to hinder the people's court personnel in carrying out their duties or disturbing the order of the people's court;
(six) for the personnel of a people's court, participants in the proceedings, insult, slander, to assist in the implementation of framed, beating or take revenge.
Fines, detention must be approved by the people's court. The party who refuses to accept the decision, it may apply for reconsideration.

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Article sixty-first

Lawsuit participates in a person or other person commits any of the following acts, the people's court may according to the seriousness of the case, be reprimanded, shall be ordered to write a statement of repentance or ten thousand yuan fine, fifteen days detention; constitutes a crime, shall be investigated for criminal responsibility according to law:

(a) have the obligation to assist in the investigation, the implementation of the people, a people's court for assistanceSurveyDecision, a notice for assistance in execution, evading without reason, refuse or impede the implementation of the;

(two) the defendant after the subpoena refuses to do so without justified reason, or midway without permission by the court court;

(three) forgery, hiding, destroying evidence, hinder the people's court cases;

Instigating, suborning, (four) stress or threatening others to commit perjury, prevent the witness;

(five), transfer, sale, the hidden damage has been seized, seizure, freezing of property;

(six) using violence, threats or other means to hinder the people's court personnel in carrying out their duties or disturbing the order of the people's court;

(seven) for the personnel of a people's court, participants in the proceedings, insult, slander, to assist in the implementation of framed, beating or take revenge.

The people's court to one of the acts mentioned in the preceding paragraph units, can be the main responsible person or the person directly responsible in accordance with the provisions of the preceding paragraph shall be fined, detained; constitutes a crime, shall be investigated for criminal responsibility according to law.

Fines, detention must be approved by the people's court. If a party disagrees with the decision, may apply to a people's court at the next higher level for reconsiderationOnce. During the period of reconsideration execution does not stop.

Article fiftieth

The people's court administrative cases, mediation is not applicable.

Article sixty-second

The people's court administrative cases, mediation is not applicable. But,Administrative compensationGive and administrative organs according to lawCompensationExcept for cases.

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Article sixty-third

In administrative proceedings, the partiesTo apply for settlementDue to the specific administrative act of civil rights and obligationsCivil disputesThe,The people's court may be heard. The decision of the people's court in conjunction with the trial, the parties may not on the civil dispute and lawsuit.

PartyThe administrative organThe civil dispute madeAdjudicationMay initiate administrative proceedings, the people's court in accordance with the applicationSureOn the civil disputeIn conjunction with the trial.

In administrative proceedings, the people's court considers it necessary to civil judgment as the basis of trying the administrative cases,Order the terminationAdministrative proceedings.

Article fifty-third

The people's courts shall, according to the State Department, the people's Government Committee according to the laws and administrative regulations of the State Council, decisions, orders and regulations formulated and announced, the people's Government of a province, autonomous region, municipality directly under the central government and the provincial, autonomous region is located, and large cities approved by the State Council, according to the formulation of the law and the State Council the administrative rules and regulations.
The people's court that the local people's government regulations formulated and announced, and the State Council department, Commission regulations formulated and announced, inconsistent, and the State Council department, commission of China, between the regulations are not consistent, the Supreme People's court shall refer the matter to the State Council for interpretation or ruling.

Article third paragraph sixty-fifth

The people's courts shall, according to regulations; that the inconsistent rules, the Supreme People's court shall refer the matter to the State Council award.

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Article sixty-sixth

The people's court in the trial of administrative cases, found the normative documents of the law fourteenth stipulation not legitimate, not as a specific administrative act is legal basis, and shall transfer it authorities in accordance with the law.

Article fifty-fourth

The people's court after the trial, according to different circumstances, respectively make the following judgments:
(a) the specific administrative act irrefutable evidence, the applicable law, regulations, compliance with the statutory procedures, maintenance of judgment.
(two) the specific administrative act in any of the following circumstances, the decision to withdraw or partially withdraw, and may re sentence the defendant to the specific administrative act:
Inadequacy of essential evidence;
B. erroneous application of laws, rules and regulations;
C. violation of legal procedure;
D. exceeding authority;
The breach of privilege.
(three) the defendant fails to perform or delays performing statutory duties, the judgement of the performance in a certain period of time.
(four) administrative penalty which is obviously unfair, can decide the change.

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Article sixty-eighth

The specific administrative act irrefutable evidence, the applicable law, regulations, compliance with the statutory procedures, or the plaintiff asked the defendant to perform the duties of reason not established, the people's courtRejected the plaintiffs request.

Article sixty-ninth

The specific administrative act in any of the following circumstances, the people's court to revoke or partially withdraw, and may re sentence the defendant to the specific administrative act:

(a) inadequacy of essential evidence;

(two) applicable laws and regulations, the wrong;

(three) in violation of the statutory procedures,And may have a real impact on the plaintiff's rights;

(four) beyond the authority of the;

Five breach of privilege.

Article seventy-first

After the people's court hearing, to find out if a defendant fails to perform or legal responsibility, the defendant in a certain period of time to perform.

Article seventy-second

After the people's court hearing, the defendant shall bear the obligation to perform the payment obligation, the court decided that the defendant.

Article seventy-third

Any of the following circumstances, the people's courtTo confirm the specific administrative act as illegal or invalid:

(a) the specific administrative act shall be the decision to withdraw, but the revocation of the specific administrative act will cause serious damage to national interests, social public interests;

(two) the specific administrative act shall be the decision to withdraw, but not revocable;

(three) the specific administrative procedure illegal, but did not have a real impact on the plaintiff's rights;

(four) the defendant fails to perform or delays to perform its statutory responsibility judgment shall be fulfilled, but enforcement of judgments have no meaning;

(five) the defendant to cancel or change the original specific administrative act as illegal, the plaintiff did not withdraw, still ask the illegality of the original specific administrative act to confirm;

(six) the plaintiff is a specific administrative act,Reasonable.

The people's court to make the provisions of the preceding paragraph sentence, can also ordered the defendantTo take remedial measures; cause losses to the plaintiff, the defendant in accordance with the lawBear the responsibility for compensation.

Article seventy-fourth

The administrative sanction is obviously unfair, or other specific administrative behavior relates to the amount determined or that is wrong, the people's court may decide the change.

The people's court shall not change, increase the obligations or reduce the interests of the plaintiff.But the interested parties asThe plaintiff, and claims the oppositeExcept.

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Article seventy-fifth

The people's court shall not heard in public hearing or case,Shall be pronounced publicly.

In court, should be in theTen daysSend judgment; a fixed date, after the verdictImmediatelyThe written judgment shall be issued.

When a judgment is pronounced,Must informThe right of appeal, the appeal period and the court of appeals.

Article seventy-sixth

The publicYou can refer toA legally effective judgment, ruling,ButInvolving state secrets, commercial secrets and personal privacyExcept.

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Article seventy-ninth

The people's court related facts are clear, the rights and obligations are clear, the controversy is the following administrative cases in first instance, can be usedSummary procedure:

(a) the sued specific administrative behavior is in accordance with theMethod on the spot to make;

(two) cases involvingOne thousand yuan of the followingThe;

(three) the partiesThe parties agree toThe application of summary procedure.

The retrial, the retrial of the case in accordance with the procedure for trial supervision does not applySummary procedure.

Article eightieth

Administrative case for summary trial, the judgeA single judgeAnd shall, after docketing the caseThe forty-five dayInternal audit.

Article fifty-ninth

The people's Court of appeals, that the facts are clear, can be implementedWritten trial.

Article eighty-second

The people's Court of appeals, shall form a collegial panel, trial. After the examination, investigation and questioning the parties, no new facts, evidence or reason, the collegial panel considers that it is not necessary to conduct a trial, it canNo trial.

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Article eighty-third

The people's courtThe trial of a case on appealShould, for the judgment of the trial court, ruling and the specific administrative actComprehensive review.

Article sixty-first

A people's court, in the light of the following situations, respectively:
(a) in the original judgment, applicable laws, regulations and correct judgement, dismissed the appeal, upheld the;
(two) in the original judgment, but the applicable laws, regulations of the judgment shall be amended according to the wrong;
(three) the original judgment facts unclear, insufficient evidence, or a violation of the statutory procedures may affect the correct judgment of the case, rescind the original judgment, the people's court remanded retrial, can also find out the facts adjudged. The parties to the case for retrial judgment, ruling, can appeal.

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Article eighty-fifth

A people's court, in the light of the following situations, respectively:

(a) the original judgment, ruling that the facts clearly, applicable laws, regulations and correct judgement, dismissed the appeal, upheld the original verdict, ruling;

(two) the original decision, ruled that error of fact or law, regulations, wrong, the judgment shall be amended according to cancel or change;

(three) the original verdict that the basic facts unclear, insufficient evidence, back to the trial court for a retrial, or find out the facts adjudged;

(four) the original judgment or missing judgment by default, illegal partiesSerious violation of legal procedure,Rescind the original judgment, back to the trial court for a retrial.

The people's court toThe remand of the case by the judge afterParties appeal, the people's Court of second instance shall not again, remand.

A people's court, needChange of the original decisionAt the same time, we shouldDecision of the specific administrative act."

Article sixty-second　

The parties to theA legally effectiveThe judgment, ruling, that is wrong, toThe people's courtOrThe people's court at a higher levelComplaints, but the ruling, ruling execution does not stop.

Article eighty-sixth

The parties to a legally effective judgment, ruling, that is wrong, toThe people's court at a higher levelThe application for retrial, but the decision, ruled that the execution does not stop.

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Article eighty-seventh

The application of the parties in accordance with the following circumstances, the people's courtShould the retrial:

　(a) shall not accept or reject the prosecution is wrong;

(two) there is new evidence, to reverse the original judgment, ruling;

(three) the original decision, ruled that the evidence was not really, not fully, without evidence or forged;

(four) the original decision, ruled that the applicable laws, regulations is wrong;

(five) violating the legal procedure, which may affect the fair trial;

(six) the original judgment, ruling omission litigation request;

(seven) according to legal instruments to make the original decision, ruled that the revocation or modification;

(eight) the judicial officers have corruption and bribery, play favouritism and commit irregularities in the trial of the case, the law referee.

Article sixty-third

The president of a people's court a legally effective judgment, ruling, found in violation of laws, regulations that require a retrial, it shall refer it to the judicial committee decides whether the retrial.
The people's court at a higher level to the lower level people's court a legally effective judgment, ruling, finds a violation of provisions of the law and regulations, have the right to examine or order an inferior people's court for retrial.

Article eighty-eighth

President of the people's courts at all levels of the hospital a legally effective judgment, ruling, mistakes are found, that the retrial necessary, shall be submitted to the judicial committee for discussion and decision.

"The Supreme People's court in a legally effective judgment, ruling, the people's court at a higher level to the lower level people's court a legally effective judgment, ruling, mistakes are found, have the right to examine or order an inferior people's court for retrial."

Article sixty-fourth

The people's Procuratorate of the people's court a legally effective judgment, ruling, finds a violation of provisions of the law and regulations, have the right to lodge a protest in accordance with the procedure for trial supervision.

Article eighty-ninth

"The Supreme People's ProcuratorateThe people's courts at all levels have a legally effective judgment, ruling, the people's Procuratorate at a higher level to the lower level people's court a legally effective judgment, ruling, discovery of the provisions of article eighty-seventh circumstances,ShouldTo lodge a protest.

"Where a local people's ProcuratorateThe people's courts at the same level a legally effective judgment, ruling, discovery of the provisions of article eighty-seventh circumstances,Can be at the same levelThe people's court procuratorial suggestions,And report to the superiorThe people's Procuratorate filed;Can also ask theThe people's Procuratorate to present a protest to the people's court at the same level.

"Where a local people's ProcuratorateThe procedure for trial supervisionOutsideIllegal adjudication personnel of other trial procedure, has the right to the people's court at the same levelThe procuratorial suggestions."

Article sixty-fifthThe parties must comply with the people's court a legally effective judgment, ruling.
The citizen, legal person or other organization refuses to perform the judgment, ruling, the administrative organ may apply to a people's Court of first instance for compulsory execution, or law enforcement.
The administrative organ refuses to perform the judgment, ruling, the people's Court of first instance may adopt the following measures:
(a) the corresponding return fines or should pay compensation, notify the bank to transfer from the administrative organ's account;
(two) does not perform within the prescribed time limit, from the date of expiry of the administrative organ shall, from fifty yuan to one hundred yuan fine;
(three) put forward judicial proposal to the administrative organ at the next higher level administrative organ or the supervisory, personnel department. Accept the authority of judicial suggestions, according to the relevant provisions, and shall inform the people's court;
(four) refuses to execute the judgment or ruling, is serious enough to constitute a crime, shall be investigated for criminal responsibility person in charge and the person directly responsible according to law.

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Article ninetieth

The parties must comply with the people's court a legally effective judgment, ruling, mediation.

Article ninety-first

The citizen, legal person or other organization refuses to perform the judgment, ruling, mediation, the administrative organ or the third person may apply to a people's Court of first instance for compulsory execution, or by the administrative organ in accordance with law enforcement.

Article ninety-second

The administrative organ refuses to perform the judgment, ruling, mediation, the people's Court of first instance may adopt the following measures:

(a) the corresponding return fines or should pay the amount, notify the bank to transfer from the administrative organ's account;

(two) does not perform within the prescribed time limit, from the date of expiry of the administrative organsDaily at fifty yuan to one hundred yuanFine;

(three) the administrative organ refuses to perform the information shall be announced;

(four) put forward judicial proposal to the administrative organ at the next higher level administrative organ or the supervisory, personnel department. Accept the authority of judicial suggestions, according to the relevant provisions, and shall inform the people's court;

(five) refusing to fulfill the judgment, ruling, mediation, bad social impact, can be directly responsible persons in charge of the administrative organ and other directly responsible personnelDetain; if the circumstances are serious, which constitutes a crime, shall be investigated for criminal responsibility according to law.

Article sixty-seventh　

Citizens, legal persons or other organizations infringe upon the legitimate rights and interests of the damage caused by a specific administrative act of an administrative organ or the personnel of an administrative organ, have the right to claim compensation.
Claim for compensation of citizens, legal persons or other organizations shall be separately by the administrative organ damage, solution. Refuses to accept the administrative organs to handle, may bring a lawsuit to a people's court.
Mediation compensation lawsuit.

Article fifteenth

The citizen, legal person or other organization believes that the specific administrative acts infringe upon their lawful rights and interests, caused the damage, rightIn accordance with the "Regulations of the people's Republic of China on the State Compensation Law"Claim for compensation.

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Article ninety-seventh

  The people's courts shall,No provisions of this law, apply to the "PRC Civil Procedure Law"The relevant provisions.

The draft

Delete

Content

Article thirty-fifth　

In the course of the proceedings, the people's court that the special problems need to be identified, shall be made by the legal corroboratory department; there is no legal corroboratory department, identified by the appraisal department designated by the people's court.

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The ninth chapter tort liability

　　Article sixty-eighthA specific administrative act of an administrative organ or the personnel of an administrative organ infringes the citizen, legal person or other organization's legitimate rights and interests of damage, the administrative organ or the administrative organ staff of administrative organs responsible for compensation.
The administrative organ shall compensate for the losses, the functionaries of the administrative organ shall order the intentional or gross negligence to bear part or all of the damages.
　　Article sixty-ninthCompensation costs, expenses from all levels of finances. The people's governments at various levels may order the administrative organs responsible for part or all of the damages. The specific measures shall be formulated by the state council.

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　　Article seventy-secondThe international treaties concluded or acceded to by the people's Republic of China are different from those of this law, the provisions of the international treaty shall apply. The people's Republic of China declared reservati.

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