In November 24, 1999 by the 1088th meeting of the judicial committee of the Supreme People's court. It is hereby announced, shall enter into force as of March 10, 2000.
For the "correct understanding and application of the people's Republic of China Administrative Procedure Law" (hereinafter referred to as the administrative litigation law), combining the administrative trial practice, made the following interpretation of some problems in the implementation of the administrative procedural law:

　　Not a citizen, a legal person or any other organization with the national administrative power organs and organizations and their staff of administrative behavior, to initiate proceedings, which belongs to the administrative case by the people's court range.
Citizens, legal persons or other organizations for the following actions filed a lawsuit against, not belonging to the administrative case by the people's court range:
(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.

　　Article secondAdministrative procedure law article twelfth (a) the act of state regulations, refers to the State Council, the Central Military Commission, the Department of defense, Ministry of foreign affairs in accordance with the Constitution and laws, in the name of the country to implement the relevant national defense and foreign affairs, as well as by the Constitution and the law authorized national authorities declared a state of emergency, implementation martial law and general mobilization behavior.

　　Article thirdAdministrative procedure law article twelfth (two) provision "universally binding decisions, orders", refers to the administrative normative documents of administrative organs for non specified objects release can be applied repeatedly.

　　Article fourthAdministrative procedure law article twelfth (three) of the "Regulations on administrative personnel appointment and removal of rewards and punishments, such decisions", is refers to the administrative organ to make the civil servants administrative rights and obligations of the decision.

　　Article fifthAdministrative procedure law article twelfth (four) stipulated in "the law by the specific administrative acts of administrative organs in the" final decision "legal", refers to the National People's Congress and its Standing Committee, through the normative documents.

　　Article sixth the people's courts at all levels of Administrative Court concerning the trial of administrative cases and review the administrative organ for the execution of the specific administrative act cases.
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 execution of the specific administrative act cases.

　　Article seventh the reconsideration decision in any of the following circumstances, belong toThe provisions of the administrative procedure law "to change the original specific 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, belong toAdministrative procedure law article fourteenth (three) rule "within the jurisdiction 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, the Taiwan area of the case;
(four) other major, complicated cases.

　　Article ninthThe administrative litigation law eighteenth stipulation "the place", including the plaintiff's domicile, habitual residence and restriction of personal freedom.
The administrative organ the same fact based on personal and property to implement the administrative punishment or administrative compulsory measures, the restriction of personal freedom of citizens, seizure or confiscation of property of citizens, legal persons or other organizations of the behavior are not satisfied, not only to the defendant to a lawsuit in the people's court, or to the the plaintiff in an action 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 written.
On the jurisdiction objection raised by the parties, the people's court shall review. Objection, order to transfer the case to the people's court jurisdiction; if not, the court rejected.

　　Article eleventhThe administrative litigation law twenty-fourth stipulation "close relatives", including spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren, Sun Zinv and other support, support relatives.
Citizens for the restriction of personal freedom and not a lawsuit, his near relatives may according to the oral or written authorization in the name of the civil litigation.

　　Twelfth and the specific administrative act is legal interest of citizens, legal persons or other organizations of 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 bring an administrative lawsuit according to law:
(a) the specific administrative acts being sued to the neighboring rights or fair competition right;
(two) and administrative reconsideration decision is the legal interest or be listed as the third people in the review process;
(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 of the plaintiff, the partners executing the partnership enterprise affairs as the litigation representative lawsuit; other partnership organizations, partner Co plaintiffs.
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; not selected within the specified time limit, the people's court may in its discretion.

　　Fifteenth joint ventures, Sino foreign joint venture or cooperation enterprises, joint ventures, joint venture partners, joint venture, joint ventures, cooperative enterprises that the rights and interests of a party or his legal rights and interests against the specific administrative acts, may initiate an action in its own name.

　　Article sixteenthThe rural land contractAgainst the people of land use right against the use of rural collective owned land on the acts of the executive authorities, may file an action in its own name.

　　Seventeenth non state owned enterprises by administrative organs, revocation, cancellation of merger, merger, division or forced sale, change corporate affiliation, the enterprise or its legal representative may file a lawsuit.

　　Article eighteenth joint-stock enterprises of the general meeting of shareholders, shareholders, the board of directors that violations of the specific administrative act of an administrative organ business 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, bring a lawsuit to the people's court, should be signed in the foreign legal instruments on the organ for the defendant.

　　Article twentieth the administrative organ to administrative functions but does not have the independent ability to bear the legal liability and the formation mechanism, in its own name a specific administrative act, the parties accept the lawsuit, should be to set up the mechanism of the administrative authority for the defendant.
The administrative organ within institutions or agencies in the absence of laws, regulations or rules mandate, in its own name a specific administrative act, the parties accept the lawsuit, the administrative organ shall be 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, should be the implementation of the behavior of the institution or organization for the defendant.

　　Article twenty-first the administrative organ in the absence of laws, regulations or rules and regulations, authorize its internal institutions, agencies or other organizations to exercise administrative power, should be regarded as the principal. If a party refuses to accept 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 administrative action shall be filed a lawsuit against, in order to make the original specific administrative act as the defendant; where 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 alter the defendant; 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 participate in the third person action.

　　Involving more than two parties twenty-fourth administrative a specific administrative action, the part of the interested parties refuses to accept a specific administrative act filed a lawsuit, the people's court shall notify the other interested parties not to sue to participate in the litigation as third people.
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 submit a signed or sealed by the principal's power of attorney to the people's court. The power of attorney shall specify the matters entrusted and the specific permissions. Citizens under special circumstances can not be written authorization, can also be oral entrust. Orally, the people's court shall verify and record the volume; the organ or other obligation to assist the authorities refused to court to verify the restriction of personal freedom of citizens, as authorized. Parties to revoke or modify the entrustment, it shall make a written report to the people's court, the people's court to inform the other party.

　　Article twenty-sixth in administrative proceedings, the burden of proof for the specific administrative acts made by the defendant.
The defendant should be in receipt of a copy of the indictment within 10 days from the date of the submission of defence, and provides the specific administrative acts evidence, basis; the defendant does not provide or overdue without justifiable reasons, shall determine the specific administrative act is not evidence, basis.

　　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 facts;
(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 legitimate reasons can not provide;
(two) the plaintiff or the third party in the litigation process, proposed in the administrative process did not refute 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 and apply to 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 specific administrative act according to.
The defendant in the trial process submitted to the court did not submit evidence in the trial process, not as a trial court to revoke or modify the judgment of the first instance trial.

　　Article thirty-second the people's court shall form a collegial panel to the plaintiff's prosecution review. In line with the conditions for prosecution, 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 conditions of 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 may apply to the people's court at a higher level appeal or prosecution. The people's court at a higher level shall be accepted that meet the conditions for acceptance, acceptance can be transferred or assigned; the lower people's court, and also can be heard.
The time limit prescribed in the preceding three paragraphs from the people's court, appeal by the received date calculation of complaint; complaint content because of deficient and ordered the plaintiff correction, 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 organization 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, legal persons or other organizations may, according to the people's court proceedings, the people's court shall accept the case according to law.

　　Thirty-fourth laws, laws and regulations not administrative reconsideration as administrative litigation procedures, the citizen, legal person or other organization has filed a lawsuit and applies for administrative reconsideration, the organ shall be under the jurisdiction of the first to accept; at the same time accepted by citizens, legal persons or other organizations to choose. The citizen, legal person or other organization has to apply for 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, the citizen, legal person or any other organization applies for administrative reconsideration to an administrative organ, withdraws the application for reconsideration and the consent of the administrative organ for reconsideration, litigation against the original specific administrative act in the statutory prosecution within the time limit, the people's court shall accept the case according to law.

　　Thirty-sixth people's court ruled to permit the withdrawal, the plaintiff to prosecute for the same facts and reasons, the people's court shall not accept the.
To approve the withdrawal decision is wrong, the plaintiff applies for retrial, the people's court shall cancel the original approval through the procedure for trial supervision of withdrawal decision, 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, nor the postponement, reduction, exemption from the application, or the application is not approved, according to the automatic withdrawal. In accordance with the withdrawal of treatment, the plaintiff or the appeal within the statutory time limit to sue or an appeal, and prepay court charges, the people's court shall accept the case.

　　Article thirty-eighth the people's court to revoke the concrete administrative behavior, citizen, legal person or other organization, the specific administrative act of the administrative organ to make appeal to the people's court, 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, the administrative organ at the date of receiving the application does not perform within 60 days, citizens, legal persons or other organizations to bring a lawsuit to the people's court, the people's court shall accept the case. Laws, regulations, rules and other normative documents provide otherwise on administrative duties of the period, from its provisions.
Citizens, legal persons or other organizations in an emergency request administrative organs to protect their personal rights, property rights, legal responsibility, the administrative organ fails, the prosecution is not subject to the provisions of the preceding paragraph.

　　Article fortieth executive specific administrative acts, did not make or do not have the service of legal documents, the citizen, legal person or other organization refuses to accept the case to the people's court, as long as there is to prove the specific administrative act, the people's court shall accept the case according to law.

　　Article forty-first executive specific administrative acts, did not inform the citizens, legal persons or other organizations the right to appeal or the prosecution, prosecution deadline from the citizen, legal person or other organization knows or should know the right of appeal or the prosecution deadline calculation date, but from the know or should know that the content of a specific administrative act date shall not exceed 2 years.
The reconsideration decision did not inform the citizen, legal person or other organization rights or legal prosecution deadline, the provisions of the preceding paragraph.

　　Forty-second if a citizen, a legal person or any other organization does not know the specific administrative acts made by administrative organs, the prosecution deadline from knows or ought to know the content of the specific administrative act is calculated from the date of. To not move the specific administrative act made from the date of making more than 20 years, other specific administrative acts from the date of making more than 5 years of litigation, 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, the delayed time is not calculated in the prosecution period. For personal freedom is restricted and not a lawsuit, the restriction of personal freedom of time do not calculate in the prosecution period.

　　Article forty-fourth in any of the following circumstances, should be ruled inadmissible; have to accept, reject:
(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 legal or appointed 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 remedy or rectification; 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 proposes new claims, the people's 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 made the specific administrative act, the 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 which made the specific administrative act, the 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, the plaintiff to sue in the same 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 his participation in the proceedings, but the case except the need for urgent action.
The recusal application, the people's court shall within 3 days to verbal or written decision.
The applicant refuses to accept the decision on rejecting the application for withdrawal, the people's court may apply for reconsideration to the decision at a time. During the period of reconsideration, the challenged personnel shall not suspend his participation in the proceedings. The applicant's application for reconsideration, 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 specific administrative act or the people's court is unable or difficult to perform case, can make the preservation of property according to the request of the other party's ruling party; not an application, the people's court may also adopt property preservation measures in accordance with the law when necessary.
The people's court to prosecute the administrative organ in accordance with the law has not grant pension, social insurance, minimum living guarantee fees case, 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. Order shall not be suspended during the period of reconsideration execution.

　　Article forty-ninth the plaintiff or the appellant legally summoned, refuses to appear in court or court of Midway without permission by the court, may deal with it as a case.
The plaintiff or the appellant applies for withdrawal of the case, the people's court shall not be permitted, the plaintiff or the appellant legally subpoena refuses to do so without justified reason, or retreat during court session without permission, the people's court may make a judgment by default.
Third people legally subpoena refuses to do so without justified reason, or midway without permission by the court adjourned, does not affect the trial of the case.

　　Article fiftieth the defendant to change specific administrative act during the trial of the first instance, it shall inform the people's court in writing.
The plaintiff or the third party to the changed behavior may initiate proceedings, the people's court shall change the specific administrative act after trial.
The change of the original specific administrative act, the plaintiff did not withdraw, the people's court review of that violate the original specific administrative act, should be made to confirm the illegal judgment; that of the original specific administrative act, the court shall reject the plaintiff's claim.
The plaintiff sued the defendant not as, in cases in which the defendants made the specific administrative act, the plaintiff did not withdraw, treatment with reference to the provisions of.

　　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, the successor to its rights and obligations has not been determined;
(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 as the basis, and the case has 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 after the termination of the rights and obligations, people give up litigation rights.
Because the interpretation of article fifty-first (a), (two), (three) reason to discontinue the action over 90 days is not 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 specific administrative act, the reconsideration decision shall be automatically invalidated.
Reconsideration decision of altering the original specific administrative behavior mistake, the people's court to revoke the decision of reconsideration, the reconsideration organ shall be ordered to make the decision of reconsideration.

　　Article fifty-fourth the people's court to undertake a specific administrative act of the defendant, the defendant to make specific administrative act and the original specific administrative act are the same, but the main facts or the main reason for the change, does not belong toThe administrative litigation law the fifty-fifth regulation.
The people's court for violation of legal procedure on the grounds, the decision to withdraw the specific administrative act, the administrative organ 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 reason to undertake a specific administrative act is basically the same with the original specific administrative act, the people's court shall, according to the administrative procedure law article fifty-fourth (two) provided in item, article fifty-fifth of 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 interested parties the same except for the plaintiff.
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 claims of the plaintiff:
(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;
(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 national interests or the public interests, resulting in serious losses, the people's court shall make a confirmation of illegal specific administrative acts being sued judgment, and ordered the sued administrative organs to take appropriate remedial measures; damage, the judgment shall bear the liability for compensation.

　　Fifty-ninth according to theAdministrative procedure law article fifty-fourth (two) provision decision to revoke the illegal specific administrative acts being sued, 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 undertake a specific administrative act, will give the national interests, public interests or the interests of the parties caused by the loss, can be limited to a specific administrative action taken by the deadline.
The people's court decision defendant shall perform their statutory duties, fulfill the specified period, because of the special situation except it is difficult to determine the deadline.

　　Article sixty-first the civil dispute between subjects of equal status as a verdict of unlawful civil dispute, 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 cited in the judgment.
The people's Court concerning the trial of administrative cases, can reference the lawful and effective rules and other normative documents in the document.

　　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.

　　Article sixty-fourthThe administrative litigation law article fifty-seventh, the provisions of article sixtieth of the trial, refers to the period from the date of filing to the announcement date. Time identification, handling jurisdictional disputes or dissent and discontinue the action doesn't count.

　　Article sixty-fifth the people's Court of First Instance judgement and ruling, the parties appeal, appeal to all parties to the appellant.
The litigants of one part person appeal, do not have to appeal to the other party for the appellee, other parties in the litigation status list.

　　Article sixty-sixth the parties appeal, should be in accordance with the number of other parties or legal representative of the duplicates of petition for appeal.
The people's court received the appeal, shall within 5 days will be a copy of the appeal petition delivered 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, 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 the referee 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 or reject decision to prosecute prosecution is wrong, and meet the prescribed conditions, the people's court shall rule to cancel the award, the people's court filing instructions to accept or continue the trial.

　　Article sixty-ninth the people's Court of second instance ruled that the administrative case remanded by the people's court re trial, 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 on the sued specific administrative action and decision.

　　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 think should be 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 shall make compensation in accordance with the law, in 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 sent back for trial.
The parties claim the administrative compensation in the second period, the people's Court of second instance may conduct mediation; if the mediation fails, shall inform the parties to be prosecuted.

　　Article seventy-second in any of the following circumstances, belong toThe administrative litigation law sixty-third stipulation "violation of laws, 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.
The parties to the administrative compensation mediation agreement a legally effective, provides evidence proving that the mediation violates the principle of voluntariness or that 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, meet the requirements for retrial shall be placed on file, and timely notify 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 court shall, 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, a legally effective judgment, ruling made by the people's Court of first instance, in accordance with the procedure of first instance trial, judgment, ruling, the parties may appeal; a legally effective judgment, ruling is made by the people's court of second instance, in accordance with the first instance trial, judgment, ruling is a legally effective judgment, ruling; superior people's court trial in accordance with the procedure for trial supervision, in accordance with the procedure of second instance trial, judgment, ruling is a 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 make a ruling to suspend execution of the original judgment; ruled by the president signed, sealed by the people's court.
The superior people's court decided the case or direct the people's court at a lower level of retrial, shall make a ruling, ruling should be written to suspend execution of the original judgment; in case of emergency, can will suspend ruling made by the people's court judgment, ruling oral notice is responsible for the implementation of the people's court or, but it should be issued a ruling within 10 days of oral notice after the.

　　Article Seventy-eighth the people's court retrial cases, that the original effective judgment, ruling is wrong, in the revocation of the original judgment or ruling at the same time, can make the corresponding referee to effective judgment, ruling, or it may rescind the effective judgment or ruling, the people's court back birth judgment, order a 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 verdict revoked 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 decision error, the court of retrial shall withdraw 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 the error, the court of retrial shall withdraw 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, shall make a ruling to the people's court remanded to effective judgment and ruling, 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, applyThe administrative litigation law fifty-seventh stipulation trial period.
Retrial according to the procedure of second instance trial, the administrative procedure law the provisions of article sixtieth of the trial period.

　　Eighty-second a basic people's court for extension trial period, approval shall be directly submitted to the higher people's court, the intermediate people's court also reported record.

　　Article eighty-third for enforcement of binding administrative judgments, administrative rulings, administrative compensation judgments and administrative compensation mediation, the obligation of one party refuses to perform, the other party may 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 rulings, 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 organization for 180 days.
For the implementation of the deadline specified by the legal document fulfilled during the last date; not stated in the legal documents of the performance period, 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, administrative compensation judgments and 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, the people's Court of second instance can be carried out; the people's Court of second instance shall be decided by the executive, could decide to be executed by the people's Court of first instance.

　　Article eighty-sixth the administrative organs according to theAdministrative procedure act sixty-sixth provisions for enforcement of its specific administrative action, 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 the laws, regulations, rules authorized organization;
(four) the respondent is determined by the specific administrative act obligation;
(five) by failing to perform the obligation of the applicant to determine the specific administrative act within the time limit or the administrative organ shall be within the specified time limit;
(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 meet the conditions for the application, should be ruled inadmissible.

　　Eighty-seventh laws, regulations do not authorize the administrative organs to enforce the right, the administrative organ may apply to 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 for 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, shall be 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 acts, by the applicant to the basic level people's court; the execution object as immovable property, the property where the basic level people's court.
The basic people's court that the implementation is difficult, to be submitted to the people's court at a higher level; the superior 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 dispute, the parties not charged and does not perform within the statutory time limit, the decision of the administrative organs in the application for execution within the time 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, the right to bear may apply to a people's court for compulsory execution in 90 days.
Enjoys the rights of the citizens, legal persons or other organizations may apply to the people's court for enforcement of specific administrative act, the administrative organ according to the provisions of 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, it shall submit the application execution book, according to the administrative legal document, the execution of the specific administrative act is legal proof material and the execution 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 court shall obtain relevant materials to the administrative organ making the award.

　　The ninety-second administrative organ or a specific administrative act of the people the right to request the people's court for compulsory execution, there is good reason to think the person subjected to execution may escape from execution, may apply to a people's court for 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 after the case, shall within 30 days by the administrative tribunal composed of Collegiate Court on the legitimacy of specific administrative acts are reviewed, and whether or not to approve the enforcement of ruling; need to take enforcement measures, the center is responsible for the execution of non litigation administrative institutions.

　　Ninety-fourth in the course of legal proceedings, the defendant or the specific administrative act to determine the right people apply to court for enforcement of the sued 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 advance 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 execute:
(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 in accordance with theThe provisions in the third paragraph of the administrative procedure law of sixty-fifth treatment, and with reference to the relevant provisions of the Civil Procedure Law Article 102nd, the main responsible person or the person directly responsible shall be fined.

　　Article ninety-seventh the people's courts shall, except in accordance with theThe administrative procedure law and the relevant provisions of interpretation, can refer to civil litigation.

　　Article ninety-eighth the interpretation on the date of promulgation, the Supreme People's court "Some problems concerning the implementation of 'Administrative Procedure Law of the people's Republic of China''s opinion (Trial) "annulled simultaneously; the judicial interpretation of the Supreme People's court had issued jointly with the relevant departments and regulatory documents, which are inconsistent with this interpretation, the interpretation.