For the "correct understanding and application of the people's Republic of China Administrative Procedure Law" (hereinafter referred to as the administrative litigation law), now

In the administrative trial work reality, make the following explanations on some problems in the implementation of the administrative procedural law:

One, the scope of accepting cases

A citizen, a legal person or any other organization of organs and tissue and working with the national administrative power

As administrative personnel may bring a lawsuit in accordance with the law, the administrative litigation to the people's court, which belongs to the scope of accepting cases.

Citizens, legal persons or other organizations for the following actions filed a lawsuit against, not belonging to the administrative court

The scope of lawsuit:

(a) the administrative litigation law twelfth stipulation behavior;

(two) the implementation of public security, state security organs in accordance with the explicit authorization of the criminal procedure law behavior;

(three) the act of mediation and legal provisions;

(four) does not have administrative guidance force;

(five) rejected the party brought double disposal action appeal for administrative behavior;

(six) did not have a real impact on the rights of a citizen, legal person or other organization obligation.

Second of the administrative procedure law article twelfth (a) the act of state regulations, refers to the State Council, in

The Central Military Commission, the Department of defense, Ministry of foreign affairs in accordance with the Constitution and laws, to state the name of the implementation of the

Relating to defense and foreign affairs, as well as by the Constitution and the law authorized national authorities declared a state of emergency,

The implementation of martial law and general mobilization behavior.

Third of the administrative procedure law article twelfth (two) provision "universally binding decisions,

The command ", refers to the administrative normative documents of administrative organs for non specified objects release can be applied repeatedly.

Fourth of the administrative procedure law article twelfth (three) provisions "of the executive staff Award

Punishment decision, or ", is refers to the administrative organ to make the civil servants administrative rights and obligations of the decision

.

Fifth of the administrative procedure law article twelfth (four) provisions of the "law by administrative organs in the final cut

The specific administrative act "is in the" law ", refers to the formulation of the National People's Congress and its Standing Committee

, normative documents by.

Two, under the jurisdiction of

Article sixth the people's courts at all levels of Administrative Court concerning the trial of administrative cases and review of administrative organs for the implementation of its

The specific administrative act case.

The special people's courts, the people's court not to hear administrative cases, also do not review and implementation of the administrative organ for the

For the specific administrative act case.

Article seventh the reconsideration decision in any of the following circumstances, belongs to the provision of the administrative litigation law "to change the original concrete

Administrative act":

(a) the main facts and evidence of altering the original specific administrative acts as the;

(two) the basis of altering the original specific administrative behavior which affect the qualitative and;

(three) partial revocation, cancellation or change the original specific administrative behavior treatment results.

Article eighth in any of the following circumstances, which belongs to the administrative litigation law article fourteenth (three) required"

The area of major, complicated cases":

(a) the people's government at or above the county level, and the basic people's court is not suitable to hear a case;

(two) social impact, joint action, group litigation;

(three) the major foreign-related or relating to the Hongkong Special Administrative Region, Macao Special Administrative Region, Taiwan area

Piece;

(four) other major, complicated cases.

Article ninth the administrative litigation law eighteenth stipulation "the place", including the plaintiff's residence

More, habitual residence and restriction of personal freedom.

The administrative organ the same fact based on personal and property to implement the administrative punishment or take administrative compulsory measures

Shi, the restriction of personal freedom of citizens, seizure or confiscation of property of citizens, legal persons or other organizations

Are not the behavior, not only to the defendant to a lawsuit in the people's court, also can be to the plaintiff

A lawsuit in a people's court, the people's court may be governed by v..

Tenth party raises objection to the jurisdiction, the people's court shall, after receiving notice of appearance within 10 days from the date of

In writing.

On the jurisdiction objection raised by the parties, the people's court shall review. Objection, ruling the case

A transferred to the competent people's court; if the objection is not established, the court rejected.

Three, the participants in the proceedings

Article eleventh the administrative litigation law twenty-fourth stipulation "close relatives", including spouses, parents, children

Female, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv and other maintenance, maintenance

Relatives.

Citizens for the restriction of personal freedom and not a lawsuit, his near relatives may according to the oral or written

Trust in the name of civil lawsuit.

Twelfth and the specific administrative act is legal interest of citizens, legal persons or other organizations to

The act, it may bring an administrative lawsuit according to law.

Article thirteenth in any of the following circumstances, citizens, legal persons or other organizations may file an administrative

Litigation:

(a) the specific administrative acts being sued to the neighboring rights or fair competition right;

(two) and administrative reconsideration decision is the legal relationship or in the review process is appended to the

Three people;

(three) requires the administrative organ in charge shall be investigated for legal responsibility according to law the offender;

(four) and the cancellation or change the specific administrative act is legal interest relations.

Fourteenth where a partnership enterprise bring a lawsuit to the people's court, shall be approved and registered trade name for the plaintiff

, the partners executing the partnership enterprise affairs as the litigation representative lawsuit; other partnership organizations, partnership

Artificial joint plaintiff.

Other organizations do not have legal personality to the people's court, the main person in charge of the organization

As a litigation representative; no responsible person, can be elected by the responsible for the litigation representative.

In the more than 5 people, to 1 to 5 litigation representatives to participate in the proceedings; within the specified time limit, without

The selected, the people's court may in its discretion.

Fifteenth joint ventures, Sino foreign joint venture or cooperation enterprises, joint ventures, joint venture partners, recognize

For the joint venture, joint ventures, cooperative enterprises or their own legitimate rights and interests of the rights and interests of one party against the specific administrative act, are

May file an action in its own name.

Article sixteenth the contracting of rural land and land use rights against the use of the administrative organ of agricultural

Against the village collective land acts, may file an action in its own name.

Seventeenth non state owned enterprises by administrative organs, revocation, cancellation of merger, merger, sale force

, division or change the enterprise of the membership, the enterprise or its legal representative may file a lawsuit.

Eighteenth of the shares of the companies, shareholders general meeting of shareholders, board of directors, the Congress that the administrative machine

Violations of the specific administrative act related to enterprise management autonomy, may bring a lawsuit in the name of the enterprise.

Nineteenth if a party refuses to accept a specific administrative act approved by the superior administrative organ, the people's law

Lawsuit, should be signed in the foreign legal instruments on the organ for the defendant.

Article twentieth the administrative organ to administrative functions but do not have an independent form and bear the legal liability

As the capacity of institutions, in their own name to the specific administrative act, the parties accept the lawsuit, it shall

In order to establish the mechanism of the administrative authority for the defendant.

The administrative organ within institutions or agencies in the absence of laws, regulations or rules authorization

Under the conditions, in its own name a specific administrative act, the parties accept the lawsuit, should be in the administrative

Authority for the defendant.

Laws, regulations or rules authorize the administrative organs of internal organs, agencies

Or other organizations, the implementation of administrative behavior beyond the authorized scope, if a party refuses to accept the lawsuit, it shall

To implement the behavior, institution or organization for the defendant.

Article twenty-first the administrative organ in the absence of laws, regulations or rules and regulations, authorization

The internal organs, agencies or other organizations to exercise administrative power, should be regarded as the principal. If the party is not

Suit filed the lawsuit, the administrative organ shall be the defendant.

Article twenty-second the reconsideration organ does not make a reconsideration decision within the statutory time limit, the parties to the original specific line

Government action filed a lawsuit against, should be to make the original specific administrative act as the defendant

The reconsideration organ is not as filed a lawsuit against the reconsideration organ shall, to the defendant.

Article twenty-third the plaintiff sued defendant is not suitable, the people's court shall notify the plaintiff to change

Sue; the plaintiff does not agree to the change, the court rejected the prosecution.

The defendant and the plaintiff did not agree shall be added additional, the people's court shall notify them to third people

To take part in litigation.

Article twenty-fourth the administrative organs of the same specific administrative act involving more than two parties,

Which part of the interested parties refuses to accept the specific administrative act of litigation, the people's court shall notify the no

One other interested parties to participate in the litigation as the third people v..

Third people have the right to put forward in connection with the case of claims, the people's court shall accept a trial,

Has the right to appeal.

Article twenty-fifth party entrust agents ad litem, shall be submitted by the client to sign to the people's court

Name or seal of the power of attorney. The power of attorney shall specify the matters entrusted and the specific permissions. Citizens in a special situation

Under the condition of no written authorization, can also be oral entrust. Orally, the people's court shall verify and record

In the volume; the organ or other obligation to assist the authorities refused to court to the restriction of personal freedom

People to verify, as authorized. Parties to revoke or modify the entrustment, it shall make a written report to the people's court

The people's court shall notify the other party.

Four, evidence

Article twenty-sixth in administrative proceedings, the defendant shall bear the burden of responsibility for the specific administrative acts made

Ren.

The defendant should be in receipt of a copy of the indictment within 10 days from the date of the submission of defence, and provide specific

Administrative action evidence, the defendant does not provide basis; or late without justifiable reasons, shall decide the

There is no evidence, the basis for a specific administrative act.

Article twenty-seventh the plaintiff shall bear the burden of proof for the following matters:

(a) that prosecution in conformity with the statutory conditions, but the defendant that the plaintiff sued except over the prosecution deadline

;

(two) in the prosecution of the defendant not as a case, the facts prove its application;

(three) in the administrative compensation lawsuit filed in together, that losses caused by the infringement

Fact.

(four) other matters which the plaintiff shall bear the burden of proof.

Article twenty-eighth in any of the following circumstances, the defendant with permission of the people's court may supplement the relevant

Evidence:

(a) the defendant had collected evidence in the specific administrative acts, but due to force majeure and other proper

By not available;

(two) the plaintiff or the third party in the litigation process, proposed in the administrative process

Do not provide rebuttal reasons or evidence.

Article twenty-ninth in any of the following circumstances, the people's court has the authority to obtain evidence:

(a) the plaintiff or the third party and agent ad litem, provides evidence, but cannot be collected

But for the people's court to obtain;

(two) the parties shall provide and fail to provide the original or original.

Article thirtieth the following evidence cannot be identified as the specific administrative acts being sued legitimate basis:

(a) the defendant and his agent ad litem to collect themselves in a specific administrative act after the evidence;

(two) the defendant a serious violation of legal procedures to collect other evidence.

Article thirty-first without the court evidence can not be used as the people's court according to the.

The reconsideration organ collected in the review process and additional evidence, not as a people's Court upheld the original with

According to the administrative behavior.

The defendant in the trial process submitted to the court did not submit evidence in the trial process, not as

The second instance court to revoke or modify the judgment of the first instance trial.

Five, prosecution and acceptance

Article thirty-second the people's court shall form a collegial panel to the plaintiff's prosecution review. Meet up

V. conditions, shall be filed within 7 days; do not meet the conditions of prosecution, shall make a ruling within 7 days will not be accepted.

Not 7 days to decide whether to accept, should be accepted; acceptance after the review does not meet the prosecution

The court rejected the prosecution.

The appeal by the people's court within 7 days is not on file, and not to make a ruling, the prosecutor can apply to a higher level

People's Court of appeal or prosecution. The people's court at a higher level shall be accepted that meet the conditions for acceptance, acceptance

Can transfer or designate an inferior people's court, and also can be heard.

The time limit prescribed in the preceding three paragraphs, the people's court received from V. calculation date for complaint; complaint

Deficiency of the content and to order the applicant to supplement, calculated from the date of receiving the supplement the materials people's court.

Thirty-third laws, rules and regulations shall first apply for reconsideration, the citizen, legal person or other group

The fabric does not apply for reconsideration of direct lawsuit, the people's court shall not accept the.

The reconsideration organ shall not accept the application for reconsideration or within the statutory time limit does not make the decision of reconsideration, citizens, law

Against the person or any other organization, bring a lawsuit to the people's court according to law, the people's court shall accept the case according to law.

Thirty-fourth laws, laws and regulations not administrative reconsideration as administrative litigation procedures, male

Citizens, legal persons or other organizations both litigation and applies for administrative reconsideration, governed by first accepting organ; and

When accepted by citizens, legal persons or other organizations to choose. Citizens, legal persons or other organizations have applied for

The administrative reconsideration, the reconsideration period and to the people's court proceedings, the people's court shall not accept the.

Thirty-fifth laws, laws and regulations not administrative reconsideration as administrative litigation procedures, male

Citizens, legal persons or other organizations to apply for administrative reconsideration to the administrative organ for reconsideration, the reconsideration organ and agreed to withdraw the

Application, lawsuit against the original specific administrative act in the legal action filed within the time limit, the people's court shall accept the case according to law

.

Article thirty-sixth where the people's court permission after the withdrawal, based on the same facts and reasons of heavy

New prosecution, the people's court shall not accept.

To approve the withdrawal decision is wrong, the plaintiff applies for retrial, the people's court shall through trial supervision

Supervision procedure for revocation of the original decisions to approve the withdrawal, the case to trial.

Article thirty-seventh the plaintiff or the appellant failed the fees for accepting the case in accordance with the provisions of the time limit, not to mention

The postponement, reduction, exemption from the application, or the application is not approved, according to the automatic withdrawal. In accordance with the withdrawal

V. after the treatment, the plaintiff or the appeal within the statutory time limit to sue or an appeal, and settle a lawsuit according to law

The problem is, the people's court shall accept the.

Article thirty-eighth the people's court to revoke the concrete administrative behavior, citizens, law

Person or any other organization specific administrative act of the administrative organ to make appeal to the people's court, people

The people's court shall accept the case.

Thirty-ninth if a citizen, a legal person or any other organization applies for administrative organs to perform their statutory duties, line

Administrative organs in the date of receiving the application does not perform within 60 days, citizens, legal persons or other organizations to the people's court

Proceedings, the people's court shall accept the case according to law. Laws, regulations, rules and other normative documents of administrative

Otherwise specified period authority to perform their duties, from its provisions.

Citizens, legal persons or other organizations in an emergency request the administrative organ to perform its protection of their rights

Property rights, legal duties, the administrative organ fails to perform, the prosecution is not subject to the provisions of the preceding paragraph.

Article fortieth executive specific administrative acts, fails to produce or deliver the legal

Documents, citizens, legal persons or other organizations may bring a lawsuit to a people's court, provided that the specific administrative act

For the present, the people's court shall accept the case according to law.

Article forty-first executive specific administrative acts, did not inform the citizen, legal person or its

He had the right to appeal or the prosecution, prosecution deadline from the citizen, legal person or other organization knows or should

Know that the right of appeal or the prosecution of the date, but he knows or should know that the content of specific administrative act

Within a period not exceeding 2 years.

The reconsideration decision did not inform the citizen, legal person or other organization rights or legal prosecution deadline, suitable

With the provisions of the preceding paragraph.

Forty-second if a citizen, a legal person or any other organization shall not know the specific administrative act of an administrative organ

For the content, the prosecution deadline from knows or ought to know the content of the specific administrative act is calculated from the date of. Yes

To not move the specific administrative act made from the date of making more than 20 years, other specific administrative acts made from

Within 5 years a lawsuit, the people's court shall not accept the.

Article forty-third for reasons not attributable to the plaintiff's own more than the prosecution deadline, delayed

Not counting the time in the prosecution period. For personal freedom is restricted and not a lawsuit, the restriction of personal

The free time does not calculate in the prosecution period.

Six, the trial and verdict

Article forty-fourth in any of the following circumstances, should be ruled inadmissible; has been accepted, cut

Fixed the prosecution dismissed:

(a) claims does not belong to the scope of authority of administrative trial;

(two) the plaintiff without the plaintiff qualification;

(three) the prosecutor and the defendant refused to change the wrong column;

(four) are required by law to be legal or appointed agent, representative action, not by the law

Fixed or designated agent, representative litigation;

(five) by the agent ad litem for prosecution, the agent does not conform to the statutory requirements;

(six) the prosecution than the statutory time limit without a justifiable reason;

(seven) the laws, regulations of administrative reconsideration is filed a lawsuit procedures and does not apply for reconsideration;

(eight) the plaintiff repeated prosecution;

(nine) had to withdraw the prosecution to prosecute, without justifiable reasons;

(ten) subject to the proceedings of the validity of the power of judgment;

(eleven) the prosecution does not have other statutory requirements.

The circumstances specified in the preceding paragraph may be supplemented or corrected, the people's court shall specify the period shall be ordered to make corrections or

Those corrections; within a specified period of time has been supplemented or corrected, shall be accepted by the.

Article forty-fifth a copy of the indictment served after the defendant, the plaintiff new claims, the people's

The court shall not be permitted, except for legitimate reasons.

Article forty-sixth in any of the following circumstances, the people's court may decide the merger trial:

(a) more than two administrative organs according to law, regulations on the same fact to make concrete

Administrative behavior, citizen, legal person or other organization refuses to accept the prosecution to a people's court;

(two) the administrative organ on the same facts on a number of citizens, legal persons or other organizations respectively to make concrete

Administrative behavior, citizen, legal person or other organization refuses to accept the prosecution to are the same people's court;

(three) in the course of legal proceedings, the defendant has made the specific administrative act of the plaintiff refuses to accept the new, to the same

A people's court;

(four) the people's court that the other cases can be handled together.

Article forty-seventh the parties apply for withdrawal, it shall explain the reasons, put forward at the beginning of the proceedings

; avoid the hearing commences, shall be submitted before the end of court debate.

The challenged personnel, the people's court regarding the withdrawal of the decision, shall suspend its participation in the

In this case, but the case except the need for urgent action.

The recusal application, the people's court shall be made orally or in writing within 3 days

A decision.

The applicant refuses to accept the decision on rejecting the application for withdrawal, the people's court may decide to apply for re

On a. During the period of reconsideration, the challenged personnel shall not suspend his participation in the proceedings. On the reconsideration

The application, the people's court shall make a reconsideration decision within 3 days, and notify the applicant of the decision.

The forty-eighth people's court due to activities of one party or other reasons, may make the

The specific administrative act or the people's court is unable or difficult to perform case, can according to each other when

For the parties to the property preservation order; if the parties do not apply, the people's court when necessary

Can adopt property preservation measures according to law.

The people's court to prosecute the administrative organ did not grant pension, social insurance, minimum living in accordance with the law

Living security fee cases, can according to the plaintiff's request, according to the written ruling for prior execution.

The parties to the property preservation or execution is dissatisfied with the ruling, it may apply for reconsideration. Reconsideration period

Do not stop the execution of the ruling.

Article forty-ninth the plaintiff or the appellant legally summoned, refuses to appear in court or not

The court permitted the midway adjourns court, may deal with it as a case.

The plaintiff or the appellant applies for withdrawal of the case, the people's court shall refuse to grant the plaintiff appellant, or

After legal subpoena refuses to do so without justified reason, or retreat during court session without permission, the people's court may

By default.

Third people legally subpoena refuses to do so without justified reason, or midway without permission by the court court

, does not affect the trial of the case.

Article fiftieth the defendant to change specific administrative act during the trial of the first instance, shall inform in writing

The people's court.

The plaintiff or the third party to the changed behavior may initiate proceedings, the people's court shall change

The specific administrative act after the trial.

The change of the original specific administrative act, the plaintiff did not withdraw, people's court review of that original specific line

Administrative acts, shall make a confirmation of their illegal judgment; that of the original specific administrative action is lawful, shall

Rejected the plaintiffs request.

The plaintiff sued the defendant not as, in cases in which the defendants made the specific administrative act, the plaintiff did not withdraw

With reference to the above provisions, treatment.

Fifty-first in the course of legal proceedings, in any of the following circumstances, suspend litigation:

(a) the plaintiff dies, must wait for their close relatives to indicate whether to participate in the proceedings;

(two) the plaintiff lost the capacity to engage in litigation, legal representative is yet to be determined;

(three) as a party to the administrative organ, the legal person or other organization is terminated, has not yet been determined right

The obligation to bear;

(four) a party because of irresistible reasons not to participate in the proceedings;

(five) cases involving legal problems, need to send the right organs interpretation or confirmation;

(six) the trial of the case shall be in the civil, criminal or other administrative cases in

According to related cases, but have not yet concluded;

(seven) other circumstances shall suspend the litigation.

To eliminate the cause of litigation proceedings, recovery.

Fifty-second in the course of legal proceedings, in any of the following circumstances, the end of the proceedings:

(a) the plaintiff dies, no close relatives or relatives give up litigation rights;

(two) as the legal person or other organization is terminated after, the rights and obligations gives up v.

Litigation rights.

Because the interpretation of article fifty-first (a), (two), (three) reason to discontinue the action for 90 days

Still no one to suit, ruling the termination of litigation, except in special circumstances.

Article fifty-third the reconsideration decision sustaining the original specific administrative act, the people's court for revocation of the original

The specific administrative act, the reconsideration decision shall be automatically invalidated.

Reconsideration decision of altering the original specific administrative behavior mistake, the people's court for revocation of the reconsideration decision, should be

When ordering the reconsideration organ to make the decision of reconsideration.

The fifty-fourth people's court decision defendant to undertake a specific administrative act, the defendant to make

The specific administrative act and the original specific administrative act are the same, but the main facts or the main reason for the change

The administrative litigation law, does not belong to the fifty-fifth article of the cases.

The people's court for violation of legal procedure on the grounds, the decision to withdraw the specific administrative act, the administrative machine

Close to undertake a specific administrative act is not affected by the administrative litigation law the fifty-fifth regulation limits.

The administrative organ for the same facts and reasons to make essentially identical with the original specific administrative behavior of concrete

Administrative action, the people's court shall according to the administrative procedure law article fifty-fourth (two), fifty-fifth

Make the decision to withdraw or partially withdraw, and according to the provisions of the third paragraph of the administrative procedure law of sixty-fifth treatment.

Article fifty-fifth the people's courts shall not increase the punishment, but the stakes

Except for the same person.

The people's courts shall be the administrative organ has not imposed for administrative punishments directly

.

Article fifty-sixth in any of the following circumstances, the people's court shall reject the plaintiff's litigation please

O:

(a) prosecution of the defendant not as reason not established;

(two) the specific administrative action is lawful but reasonableness question;

(three) the specific administrative act is legal, but due to legal, policy changes need to be changed or repealed

;

(four) the other court shall reject the claims.

Article fifty-seventh the people's court considers that the specific administrative acts being sued legitimate, but not suitable for maintenance of judgment

Or reject the claims, can be made to confirm their legal or effective decision.

Any of the following circumstances, the people's court shall make a confirmation of the specific administrative act as illegal or

Invalid judgments:

(a) the defendant did not perform their statutory duties, but the decision to perform their statutory duties have no practical significance

The;

(two) the illegal specific administrative acts being sued, but not revocable;

(three) the specific administrative action has not formed or invalid.

Illegal fifty-eighth specific administrative acts being sued, but the revocation of the specific administrative act will give the country

National interests or the public interests, resulting in serious losses, the people's court shall make a confirmation of the specific administrative act

The illegal decision, and ordered the sued administrative organs to take appropriate remedial measures; damage, ruling according to law

Bear the responsibility for compensation.

Fifty-ninth according to the administrative procedure law article fifty-fourth (two) provision decision to revoke the illegal

The specific administrative action, will give the national interests, public interests or the legitimate rights and interests of others caused by the loss,

The people's court in the decision to withdraw at the same time, can take the form of treatment respectively:

(a) the defendant to undertake a specific administrative act;

(two) the corresponding remedial measures shall be ordered to the administrative organ;

(three) put forward judicial proposals to the defendant and the relevant authorities;

(four) found illegal criminality, suggest organ which has the power to handle.

The sixtieth people's court decision defendant to undertake a specific administrative act, if not timely to re make

The specific administrative action, will give the national interests, public interests or the interests of the parties caused by the loss, can

Defining a new specific administrative act period.

The people's court decision defendant shall perform their statutory duties, fulfill the specified period, because of the special situation of difficult

To determine the period of exception.

Article sixty-first the civil dispute between subjects of equal status as the ruling law, civil disputes

The parties request the people's court to solve the relevant civil disputes, the people's court may also hear.

Article sixty-second the people's courts shall apply, judicial interpretation of the Supreme Court,

Should be invoked in the judgment. The people's court administrative cases, can be cited in the judgment

Method of effective rules and other normative documents.

The sixty-third ruling applies to the following scope:

(a) will not be accepted;

(two) the prosecution dismissed;

(three) objection to jurisdiction;

(four) the end of the proceedings;

(five) proceedings;

(six) to or designated jurisdiction;

(seven) during the course of litigation to stop execution of the specific administrative act or reject stop the execution of the application;

(eight) the property preservation;

(nine) execution;

(ten) approval or disapproval of withdrawal;

(eleven) in the adjudication document clerical error correction;

(twelve) suspension or termination of execution;

(thirteen case), direct retrial or remand;

(fourteen) approval or disapproval of the specific administrative act administrative organs;

(fifteen) other matters that need to be ordered.

On the (a), (two), (three) ruling, the parties concerned may appeal against the.

Sixty-fourth of the administrative procedure law article fifty-seventh, the provisions of article sixtieth of the trial, is refers to from the vertical

During the case date to the date of the announcement. Identification, handling jurisdictional disputes or dissent and suspend litigation

Time doesn't count.

Article sixty-fifth the people's Court of First Instance judgement and ruling, the parties appeal

All parties to appeal, the appellant.

The litigants of one part person appeal, do not have to appeal to the other party to be on

V. people, other parties in the litigation status list.

Article sixty-sixth the parties appeal, should be in accordance with the other parties or legal representative

The number of duplicates of petition for appeal.

The people's court received the appeal, shall within 5 days of appeal to copy to the other party,

The other party shall be the date of receipt of a copy of the appeal petition shall submit a written reply within 10 days.

The people's court shall, upon receipt of the defence, serve a copy by the parties within 5 days.

The people's court received the appeal and the reply, shall within 5 days together with the entire case file and evidence,

Submitted to the people's Court of second instance. Already in the litigation costs, submitted to the.

Article sixty-seventh the people's Court of second instance trial of a case on appeal, the people's court shall be to cut

Judgment and the specific administrative act is legal to conduct a comprehensive review.

Identification of the trial court fact controversial, or the people's Court of second instance that

The people's Court of facts are unclear, the people's Court of second instance shall open the court session.

Article sixty-eighth the people's Court of second instance trial that the people's court shall not accept the application or barge

Back to the decision to prosecute prosecution is wrong, and meet the prescribed conditions, the people's court shall rule to cancel the

The people's court ruling, instruction according to the filing acceptance or continue the trial.

Article sixty-ninth the people's Court of second instance court remanded by the people's court re trial of administrative cases

One, the people's court shall form a new collegial panel to conduct the trial.

Article seventieth the people's Court of second instance trial of a case on appeal, the trial court to change, should be

At the same time, the specific administrative act of the judgment.

Article seventy-first the judgment of the first instance omitted to parties or claim,

The people's Court of second instance shall rescind the original judgment, the remand.

The judgment of the first instance omitted administrative compensation claims, the people's Court of second instance shall not be considered in accordance with the law

In compensation, the court shall reject the request for administrative compensation.

The judgment of the first instance omitted administrative compensation claims, the people's Court of second instance trial that should be in accordance with the law

Compensation, the confirmation of illegal specific administrative acts being sued at the same time, mediation may be conducted on administrative compensation;

If the mediation fails, should be part of administrative compensation remand.

The parties claim the administrative compensation in the second period, the people's Court of second instance can be adjusted

Solution; if the mediation fails, the parties shall be notified separately sued.

Article seventy-second in any of the following circumstances, which belongs to the administrative litigation law of the provisions of article sixty-third"

In violation of laws, rules and regulations":

(a) the original judgment, ruling that the main evidence insufficiency;

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

(three) in violation of legal procedures, may affect the proper decision of the case;

(four) other violations of laws, regulations of the case.

Article seventy-third party application for retrial, should be in the judgment, ruling becomes legally effective after 2 years

Put forward.

The parties to the administrative compensation mediation agreement a legally effective, present evidence that the mediation violates

The principle of voluntariness or the content of the mediation agreement in violation of the law, may apply for a retrial in 2 years.

The seventy-fourth people's court upon receipt of the application for retrial, after examination, conforms to the retrial

Member, shall file the case and inform the parties; do not meet the requirements for retrial, rejected.

Article seventy-fifth to the people's Procuratorate in accordance with the procedure for trial supervision of a case protested by a people's law

Academy of the retrial.

The people's Court of appeal cases, shall notify the people's Procuratorate to send its personnel to the court.

Seventy-sixth people's court in accordance with the procedure for trial supervision of civil retrial cases, legal effect

Decision, decision is made by the people's Court of first instance, in accordance with the procedure of first instance trial, judgment, discretion

Fixed, the parties may appeal; a legally effective judgment, ruling made by a people's Court of second instance,

In accordance with the procedure of second instance trial, judgment, ruling is a legally effective judgment, ruling by man

The people's court in accordance with the procedure for trial supervision of the trial, according to the procedure of second instance trial, judgment, decision is made

Students in the legally effective judgment, ruling.

The people's Court of retrial case, form a new collegial panel.

The seventy-seventh decision in the case of retrial according to the procedure of judicial supervision, shall order the termination of the original judgment

Execution; order signed by the president of the court, sealed by the people's court.

The superior people's court decided the case or direct the people's court at a lower level shall make a ruling retrial,

Decision shall specify the suspension of execution of the original judgment; in case of emergency, the suspension of execution order oral notice

Responsible for execution by the people's court or make a people's court judgment, ruling, but should be in the oral notice

A ruling within 10 days.

Article Seventy-eighth the people's court retrial cases, that the original effective judgment, ruling is wrong

In effect, revoke the original judgment or ruling at the same time, can make the corresponding cutting on the effective judgment, ruling content

Judgment, or it may rescind the effective judgment or ruling People's court, back to make effective judgment and ruling, heavy

The new trial.

The seventy-ninth people's court hearing the cases of second instance and retrial cases, on the court, not

To accept or reject the prosecution wrong, each case should be treated as follows:

(a) the people's Court of first instance made substantive judgment, the people's Court of second instance that should not be accepted

The people's Court of first instance, the revocation decision at the same time, can the remand, can also be directly rejected the prosecution;

(two) the people's Court of second instance to maintain the people's Court of first instance shall not accept the order wrong, retrial method

School shall cancel the first instance, the people's Court of second instance court of first instance in the people's court, instruction;

(three) the people's Court of second instance to maintain the people's Court of first instance ruled that the prosecution dismissed mistakes, retrial method

School shall cancel the first instance, the people's Court of second instance court of first instance in the people's court, instruction.

Article eightieth the people's court retrial cases, found the effective judgment in any of the following circumstances,

Back to the people's court shall order the effective judgment, ruling the re trial:

(a) the trial judge, the court clerk shall avoid but not inevitable;

(two) shall open the court session without hearing the verdict according to law;

(three) without lawful to summon the litigants and the default judgment;

(four) the omission to parties;

(five) the litigant request related to the case without the referee;

(six) other violation of legal procedure may affect the proper decision of the case.

Article eighty-first in accordance with the procedure of first instance where the retrial case, the administrative procedure law fiftieth

The provisions of article seven of the trial period.

Retrial according to the procedure of second instance trial, the administrative procedure law stipulates that the sixtieth trial

The term.

Eighty-second a basic people's court for extension trial period, shall be directly submitted to the senior people

Court approval, and report to the intermediate people's court filing.

Seven, the execution

Article eighty-third for enforcement of binding administrative judgments, administrative rulings, the administrative compensation

Judgment and administrative compensation mediation, the obligation of one party refuses to perform, the other party can be in accordance with the

Method apply to the people's court for compulsory execution.

Article eighty-fourth the applicant is a citizen, binding administrative judgments, for application for enforcement of administrative ruling

The book, administrative compensation judgments and administrative compensation mediation agreement for a period of 1 years, the applicant is the administrative organ, the legal person or

Other organizations for 180 days.

For the implementation of the deadline specified by the legal document fulfilled during the last date; legal documents

Not stated in term of performance, calculated from the date of legal documents to a party.

Late application, unless it has a legitimate reason, the people's court shall not accept the.

Administrative judgment, eighty-fifth legally effective administrative rulings, the administrative compensation decision

The book and the administrative compensation mediation agreement, shall be executed by the people's Court of first instance.
The people's Court of first instance that the special needs of the implementation by the people's Court of second instance, can apply for second person

The people's court execution; the people's Court of second instance shall be decided by the executive, can also be determined by the people's Court of first instance

Execution.

Article eighty-sixth the administrative organs according to the provisions of the administrative procedure law, article sixty-sixth for execution

The specific administrative act, it shall meet the following conditions:

(a) the specific administrative act can be executed by the people's court according to law;

(two) the specific administrative act has been in force and is executable content;

(three) the applicant is to make the specific administrative act or law, regulations, rules and regulations

Right out of the tissue;

(four) the respondent is determined by the specific administrative act obligation;

(five) the respondent identified in the specific administrative act within the time limit or the administrative organ shall specify the period

Failing to perform the obligation of limits;

(six) the applicant within the statutory time limit;

(seven) for the implementation of the administrative case is under the jurisdiction of the people's court for enforcement to accept the.

The people's court to qualified applicants, shall file the case acceptance, and notify the applicant; do not conform to the

The conditions of application, shall be ruled inadmissible.

Eighty-seventh laws, regulations do not authorize the administrative organs to enforce the right, the administrative organ for

The people's court for compulsory execution, the people's court shall accept the case according to law.

Legal, regulations can be enforced by administrative organs in accordance with the law, or apply to the people's court

Compulsory enforcement, the administrative organ may apply to the people's court for compulsory execution, the people's court may accept the case according to law.

Article eighty-eighth the administrative organ may apply to the people's court for enforcement of its specific administrative acts, it shall

This was performed within 180 days of the date of expiry of statutory prosecution. Late application, unless it has a legitimate reason

, the people's court shall not accept the.

Article eighty-ninth the administrative organ may apply to the people's court for enforcement of its specific administrative act, the applicant

The location of the basic level people's court; the execution object as immovable property, the property where the grass-roots people

Civil courts.

The basic people's court that the implementation is difficult, it may report to the superior people's court superior execution

The people's court shall be decided by the executive, also can be executed by the people's court at the lower level decision.

Article ninetieth the administrative organs according to the legal authorization for ruling on equality between the main civil disputes

After the party, neither brings a suit nor complies with the statutory time limit, the decision of the administrative organs in the application for execution period

The limit does not apply to a people's court for compulsory execution of the specific administrative act, to determine the effect of the holder or his successor

Right to bear can, within 90 days, apply to the people's court for compulsory execution.

Enjoys the rights of the citizens, legal persons or other organizations may apply to the people's court for compulsory execution of the specific administrative behavior

For reference, the administrative organs shall apply to the people's court for compulsory execution of the specific administrative act.

Article ninety-first the administrative organ may apply to the people's court for enforcement of its specific administrative acts, shall be

Hand in the written application for enforcement, the administrative legal document, the execution of the specific administrative act of materials and is

Implementation of the status of the property and other materials must be submitted.

Enjoys the rights of the citizens, legal persons or other organizations may apply to the people's court for compulsory execution, the people's law

Institutions should obtain relevant materials from the administrative organ making the award.

The ninety-second administrative organ or a specific administrative act of the people the right to apply to the people's court

Preparation before execution, there is good reason to think the person subjected to execution may escape from execution, may apply to the people's court to take property

Property preservation measures. The latter for compulsory execution, shall provide the corresponding property guarantee.

Article ninety-third the people's court for enforcement of administrative organs of the specific administrative act cases

, shall within 30 days by the administrative tribunal composed of Collegiate Court on the legitimacy of specific administrative acts are reviewed, and

On whether to grant compulsory execution ruled; need to take enforcement measures, the hospital is responsible for enforcement

Non litigation administrative enforcement mechanism.

Ninety-fourth in the course of legal proceedings, the defendant or the specific administrative act to determine the right to apply for

The people's court for compulsory execution of the specific administrative act, the people's court shall not be executed, but not implemented in a timely manner to

National interests, public interests or the legitimate rights and interests of others cause irreparable losses, the people's court may first

Execution. The latter for compulsory execution, shall provide the corresponding property guarantee.

The specific administrative act of ninety-fifth is for the implementation of any of the following circumstances, the people's court

Shall decide not to grant executive:

(a) the apparent lack of factual basis;

(two) the apparent lack of legal basis;

(three) the other obvious violations and damage the legitimate rights and interests of people executed.

Ninety-sixth administrative organ refuses to perform the effective court judgment, ruling, the people's court

Can be processed in accordance with the provisions of article third paragraph sixty-fifth of the administrative procedure law, civil procedure law and may refer to the first

The relevant provisions of Bailinger strip, the main responsible person or the person directly responsible shall be fined.

Eight, other

Article ninety-seventh the people's courts shall, except in accordance with the administrative procedure law and the interpretation,

The relevant provisions can refer to civil litigation.

Article ninety-eighth the interpretation on the date of promulgation, the Supreme People's court "on the implementation of

'some problems of the administrative procedure law of the people's Republic of China''s opinion (Trial) "annulled simultaneously; the Supreme People's court

Judicial interpretation of previously made and issued jointly with the relevant departments of the normative documents, and not with this interpretation

Induced, according to the interpretation of the implementation.