Interpretation of the Supreme People's Court on Application of the Administrative Litigation Law of China

· Document Number：No. 1 [2018] of the Supreme People's Court

· Area of Law： Administrative Litigation

· Level of Authority： Judicial Interpretation

· Date issued：02-06-2018

· Effective Date：02-08-2018

· Status： Effective

· Issuing Authority： Supreme People's Court

Announcement of the Supreme People's Court
The Interpretation of the Supreme People's Court on Application of the Administrative Litigation Law of the People's Republic of China, as adopted at the 1,726th meeting of the Judicial Committee of the Supreme People's Court on November 13, 2017, is hereby issued, and shall come into force on February 8, 2018.
Supreme People's Court
February 6, 2018
Interpretation of the Supreme People's Court on Application of the Administrative Litigation Law of the People's Republic of China
(Adopted at the 1,726th meeting of the Judicial Committee of the Supreme People's Court on November 13, 2017, and coming into force on February 8, 2018; Interpretation No. 1 [2018] of the Supreme People's Court)
For the purposes of correctly applying the Administrative Litigation Law of the People's Republic of China (hereinafter referred to as the "Administrative Litigation Law"), this Interpretation is developed based on the administrative trial practices of people's courts.
I Scope of Cases Acceptable
Article 1 An administrative action taken by an administrative agency or its employee, against which a citizen, legal person or any other organization files a complaint according to the law, shall be within the scope of cases acceptable.
The following actions shall be outside the scope of cases acceptable of the administrative litigation in people's courts:
(1) The actions taken by public security, national security and other authorities as expressly authorized by the Criminal Procedure Law.
(2) Mediation actions and arbitral actions as specified by the law.
(3) Administrative guidance actions.
(4) Repeated disposition actions rejecting the petitions filed by parties against administrative actions.
(5) Actions taken by an administrative agency, without producing external legal effect.
(6) Preparation, discussion, research, reporting level by level, consultation, and other actions of a procedural nature taken by an administrative agency for an administrative action.
(7) Enforcement actions taken by an administrative agency according to the effective judgment or notice for assistance in enforcement from a people's court, unless the administrative agency expands the scope of enforcement or conducts enforcement in violation of the law.
(8) Hearing reports, law enforcement inspection, urgency for duty fulfillment, and other actions taken by an administrative agency against a subordinate one based on their hierarchal supervisory relationship.
(9) Registration, acceptance, assignment, transfer, re-inspection, reexamination opinions, and other actions taken by an administrative agency pertaining to public complaint items.
(10) Actions having no actual impact on the rights and obligations of citizens, legal persons or other organizations.
Article 2 As mentioned in Article 13(1) of the Administrative Litigation Law, "national action" means an action which the State Council, the Central Military Commission, the Ministry of National Defense, or the Ministry of Foreign Affairs, as authorized by the Constitution or the Law, takes in relation to national defense or diplomatic affairs in the name of the state, or an action that a state agency declares a state of emergency as authorized by the Constitution or the law.
As mentioned in Article 13(2) of the Administrative Litigation Law, "decisions and orders with general binding force" means regulatory documents which an administrative agency issues neither against nor in favor of particular targets and which is susceptible of repeated application.
As mentioned in Article 13(3) of the Administrative Litigation Law, "decisions on reward, punishment, appointment or dismissal of their employees" means decisions made by administrative agencies relating to the rights and obligations of their employees of administrative agencies as civil servants.
As mentioned in "administrative action taken by an administrative agency as a final adjudication according to the law" in Article 13(4) of the Administrative Litigation Law, "law" means the regulatory documents enacted and adopted by the National People's Congress or its Standing Committee.
II. Jurisdiction
Article 3 The administrative tribunals of the people's courts at all levels shall decide administrative cases and hear cases that administrative agencies apply for enforcement of their administrative actions.
Special people's courts and people's courts shall neither decide administrative cases nor hear cases that administrative agencies apply for enforcement of their administrative actions. Railway transport courts and other special people's courts deciding administrative cases shall be governed by paragraph 2, Article 18 of the Administrative Litigation Law.
Article 4 After docketed a case has been docketed, the jurisdiction of the people's court with which the complaint is filed shall not be affected by the change of the place of the domicile of either party, addition of any defendant, or the modification of any other facts or legal status.
Article 5 Any of the following cases shall be "a major or complicated case within its territorial jurisdiction" in Article 15(3) of the Administrative Litigation Law.
(1) A joinder of proceedings case having a material social impact.
(2) A case, either foreign-related or relating to the Hong Kong Special Administrative Region, the Macao Special Administrative Region, or the Taiwan region.
(3) Any other major or complicated case.
Article 6 Where a party files a complaint with an intermediate people's court on the ground that the case is such a major or complicated one that it deems it inappropriate for the low-level people's court of competent jurisdiction to exercise its jurisdiction, or under Article 52 of the Administrative Litigation Law, the intermediate people's court shall take any of the following actions within seven days, according to the different circumstances:
(1) Deciding to try it,
(2) Appointing another low-level people's court within its territorial jurisdiction to exercise jurisdiction.
(3) Notifying the party in writing of filing a complaint with a low-level people's court of competent jurisdiction.
Article 7 Where a low-level people's court deems it necessary for the intermediate people's court to try, or designate jurisdiction over, an administrative case over which the low-level people's court has jurisdiction as a court of first instance, it may request the intermediate people's court to make a decision. The intermediate people's court shall take any of the following actions within seven days, according to the different circumstances:
(1) Deciding to try it,
(2) Appointing another low-level people's court within its territorial jurisdiction to exercise jurisdiction.
(3) Deciding to have the requesting people's court try it.
Article 8 As mentioned in Article 19 of the Administrative Litigation Law, "the place where the plaintiff is located" includes the place of household registration, the place of habitual residence, and the place of confinement of personal freedom of a plaintiff.
With respect to a complaint against an administrative agency that, on the ground of the same fact, take compulsory administrative measures to limit the personal freedom of a citizen in addition to other compulsory administrative measures or administrative punishment, the people's court in the place where the defendant or the plaintiff is located shall be the people's court of competent jurisdiction.
Article 9 "Administrative litigation involving real property" in Article 20 of the Administrative Litigation Law means litigation instituted arising from a change of the real right in real property caused by an administrative action.
For registered real property, the location recorded in the real property register shall be the place where the real property is located; and for unregistered real property, the place where the real property is actually located shall be the place where the real property is located.
Article 10 Where a people's court has accepted a case, the plaintiff shall raise an objection to its jurisdiction within 15 days from the day of receiving a copy of the written complaint.
The people's court shall review the objection to its jurisdiction raised by the party. A ruling shall be entered to transfer the case to the people's court of competent jurisdiction if the objection is sustained; otherwise, to overrule the objection.
Where a people's court determines that it has jurisdiction after reviewing an objection to its jurisdiction, its jurisdiction shall not be changed because a party adds or modifies claims, unless the provisions regarding hierarchical jurisdiction or exclusive jurisdiction are violated.
Article 11 Under any of the following circumstances, a people's court shall conduct no review:
(1) For a case remitted for retrial to or retried under the procedure at first instance by the people's court, a party raises an objection to its jurisdiction.
(2) A party raises an objection to the jurisdiction in the procedure at second instance, instead of doing so within the period and in the form as specified by the law in the procedure at first instance
III. Primary Litigation Participants
Article 12 Under any of the following circumstances, a citizen, a legal person, or any other organization shall be "with an interest in the administrative action" in paragraph 1, Article 25 of the Administrative Litigation Law:
(1) The administrative action against which a complaint is filed involves the contiguous right, or the right of fair competition, of the citizen, legal person, or other organization.
(2) The citizen, legal person, or other organization is added as third party in administrative reconsideration or any other administrative procedure.
(3) The citizen, legal person, or other organization requires the administrative agency to hold the author of an injury legally liable in accordance with the law.
(4) The revocation or modification of an administrative action involves the lawful rights and interests of the citizen, legal person, or other organization.
(5) The citizen, legal person, or other organization complains to an administrative agency in order to maintain his/her/its lawful rights and interests, and the administrative agency charged with complaint processing duties processes or fails to process the complaint.
(6) Otherwise with an interest in the administrative action.
Article 13 Where a creditor files administrative litigation on the ground that the administrative action taken by an administrative agency in favor of the debtor damages the satisfaction of the claim, the people's court shall inform the creditor of bringing an civil action over the civil dispute, unless the administrative agency is legally required to provide protection or give consideration when taking the administrative action.
Article 14 As mentioned in paragraph 2, Article 25 of the Administrative Litigation Law, "close relatives" include spouse, parents, children, siblings, paternal grandparents, maternal grandparents, paternal grandchildren, maternal grandchildren, and other relatives in supporting relationship.
If a citizen cannot file a complaint by reason of confined personal freedom, his/her close relative may, as authorized viva voce, or in writing, by him/her, do so in the name of the citizen. If the close relative cannot contact the citizen before filing a complaint, he may file it first and supplement the power of attorney during the litigation.
Article 15 Where a partnership enterprise files a complaint with a people's court, the enterprise by the name confirmed and registered shall be the plaintiff. All the partners of an individual partnership without being legally registered to obtain a business license shall be a joint plaintiff; and all partners may elect a representative and shall issue a letter of election to the representative.
If an individual industrial and commercial household files a complaint in a people's court, the proprietor as registered in business license shall be the plaintiff. If it has a name, the individual industrial and commercial household by the name registered in the business license shall be the plaintiff, with its basic information specified.
Article 16 Where the general shareholders' meeting, the shareholders' meeting, or the board of directors of a joint-stock enterprise deems an administrative action taken by an administrative agency to infringe upon the autonomy of the enterprise, it may file a complaint in the name of the enterprise.
If a party to a jointly operated enterprise, a Chinese-foreign equity joint venture or a Chinese-foreign contractual joint venture deems that the rights and interests of the enterprise or the party itself is infringed upon by an administrative action, it may file a complaint in its own name.
If a non-state-owned enterprise is deregistered, revoked, consolidated, compelled to merge, sold, or split by an administrative agency, or its affiliation is changed by the same, the enterprise or its legal representative may file a complaint.
Article 17 A capital contributor or founder of a public institution, social group, foundation, social service institution, or any other non-profit legal person that deems an administrative action to infringe upon the lawful rights and interests of the legal person may file a complaint in its own name.
Article 18 A unit owners' committee may file a complaint in its own name against an administrative action taken by an administrative agency and involving the common interests of the unit owners.
If the unit owners' committee fails to do so, the unit owners whose private portions represent a majority of the total area of the building, or whose number represents a majority may file a complaint.
Article 19 Where a party files a complaint in a people's court against an administrative action permitted by a higher-level administrative agency, the agency which has signed the document producing legal effect towards the party shall be the defendant.
Article 20 Where a party files a complaint against an administrative action taken in its own name by an institution which an administrative agency establishes and vests administrative functions in but which is incapable of independently assuming legal liability, the administrative agency shall be the defendant.
If a party files a complaint against an administrative action which a body, dispatched body or any other organization of an administrative agency, which exercises administrative power as authorized by the law, regulations or rules, takes beyond the authorization, the body or the organization shall be the defendant.
If the law, regulations or rules are silent, and an administrative agency authorizes its body, dispatched body or any other organization to exercise administrative power, the authorization shall constitute the authorization as described in Article 26 of the Administrative Litigation Law. Where a party files a complaint, the administrative agency shall be the defendant.
Article 21 Where a party files a complaint against an administrative action taken by an administrative agency of development zone established as permitted by the provincial people's government or the State Council, the administrative agency shall be the defendant; in the event of a complaint against an administrative action taken by a functional department of an administrative agency of development zone established as permitted by the provincial people's government or the State Council, the functional department shall be the defendant; in the event of a complaint against an administrative action taken by a functional department of any other administrative agency of development zone, the administrative agency shall be the defendant; and if an administrative agency of development zone disqualifies as an administrative entity, the local people's government establishing the agency shall be the defendant.
Article 22 As mentioned in paragraph 2, Article 26 of the Administrative Litigation Law, "the reconsideration agency's decision modifies the original administrative action" means that the reconsideration agency's decision modifies the disposition results from the original administrative action. If the reconsideration agency modifies the principal facts and evidence recognized by the original administrative action, or the basis of rules applied by the same, instead of the disposition results from the original administrative action, the reconsideration agency shall be deemed to have sustained the original administrative action.
If the reconsideration agency determines that the original administrative action is null, the determination shall represent modification of the original administrative action.
If the reconsideration agency determines, except on grounds of violation of the statutory procedure, that the original administrative action is illegal, the determination shall represent modification of the original administrative action.
Article 23 Where an administrative agency is dissolved or has its power modified to the extent that no administrative agency continues to exercise the power, the people's government to which it is affiliated shall be the defendant; and in a vertical chain of command, the administrative agency at the next higher level shall be the defendant.
Article 24 Where a party files a complaint against an action that a villagers' committee or neighborhood committee fulfills administrative duties as authorized by the law, regulations or rules, the villagers' committee or neighborhood committee shall be the defendant.
If a party files a complaint against an action taken by a villagers' committee or neighborhood committee as authorized by an administrative agency, the authorizing administrative agency shall be the defendant.
If a party files a complaint against an administrative action which an institution of higher learning or any other public institution, or a lawyers association, an association of certified public accountants, or any other industry association takes as authorized by the law, regulations or rules, the public institution or industry association shall be the defendant.
If a party files a complaint against an action which an institution of higher learning or any other public institution, or a lawyers association, an association of certified public accountants, or any other industry association takes as authorized by an administrative agency, the administrative agency shall be the defendant.
Article 25 Where a condemnee files a complaint against an administrative action which the building expropriation authority determined by the municipal or country people's government takes over the course of organizing and implementing building expropriation and compensation, the building expropriation authority shall be the defendant.
If a condemnee files a complaint against an action which an expropriation implementing entity, as authorized by the building expropriation authority, takes to the extent of its authority, the building expropriation authority shall be the defendant.
Article 26 Where the defendant in the complaint filed by the plaintiff is unqualified, the people's court shall notify the plaintiff of modifying the defendant; and, if the plaintiff disagrees to do so, enter a ruling to reject the complaint.
If the plaintiff disagrees about the necessary addition of a defendant, the people's court shall notify the latter of participating in the proceedings as a third party, unless the latter is an administrative reconsideration agency as a co-defendant.
Article 27 Where a party who must be in a joinder of proceedings fails to participate in the proceedings, the people's court shall notify the party in accordance with the law of doing so; and the party may also apply to the people's court for participation.
The people's court shall review the application filed by the party and, if the grounds for the application are unfounded, enter a ruling to reject the application; otherwise, notify the party in writing of participating in the proceedings.
For the purposes of the preceding paragraph, "must be in a joinder of proceedings" means proceedings in which, under Article 27 of the Administrative Litigation Law, a people's court must decide concurrently administrative disputes arising from the same administrative action to which either side or both sides consist of two or more persons.
Article 28 When adding a party to a joinder of proceedings, the people's court shall notify the other parties. If a plaintiff that shall be added has expressly renounced its substantial rights, non-addition may be allowed; and one that is unwilling to participate in the proceedings and refuses to renounce its substantial rights shall be added as a third party, who will neither participate in the proceedings nor obstruct the trial and judgment of the case by the people's court.
Article 29 As mentioned in Article 28 of the Administrative Litigation Law, "a large number of parties" means ten persons or more.
Under Article 28 of the Administrative Litigation Law, if one side in a joinder of proceedings consists of a large number of parties, the parties may elect representatives. Failing that, the people's court may select representatives from the parties filing the complaint.
The number of the representatives as specified in Article 28 of the Administrative Litigation Law shall be two to five. The representatives may appoint one to two persons as the litigation representatives.
Article 30 Where the same administrative action of an administrative agency affects two or more interested parties, and a portion thereof file a complaint against the administrative action, the people's court shall notify the other interested parties of participating in the proceedings as third parties.
If a third party is interested in the disposition results of an administrative case, it may apply for participating in the proceedings, or the people's court may notify it of doing so. If a people's court enters a judgment that imposes any obligation on a third party or derogates from the rights and interests of the third party, the third party shall have the right to file an appeal, or petition for retrial.
If a third party as mentioned in Article 29 of the Administrative Litigation Law fails to participate in an action for a cause not attributable to it, and there is evidence that the effective judgment, ruling or consent judgment is injurious to its rights and interests, it may, pursuant to Article 90 of the Administrative Litigation Law, within six months from the day when it knows or should have known that its rights and interests have been injured, file a petition for retrial in the people's court at a higher level.
Article 31 A party seeking to appoint a litigation representative shall submit a power of attorney signed or seal by it to the people's court. The power of attorney shall state the authorized matters and specific authority. If a citizen cannot make an appointment in writing under special circumstances, another person may do so on his/her behalf, as confirmed by him/her by sealing it or any other means, which the people's court shall verify and file; and if the administrative agency against which the complaint is filed or any other agency obliged to assist refuses the people's court request for verification from a citizen whose personal freedom is confined, the appointment shall be deemed effective. A party terminating or modifying the appointment shall file a written report with the people's court.
Article 32 In accordance with paragraph 2(2), Article31 of the Administrative Litigation Law, an employee with a lawful labor relationship with a party may act as the litigation representative of the party in the name of the party's employee. In such a case, any of the following evidence shall be provided.
(1) Acknowledgment of contributions to social insurance.
(2) Acknowledgment of payments of salaries.
(3) Other evidence of an employee of the party.
Article 33 Where, in accordance with paragraph 2(3), Article 31 of the Administrative Litigation Law, a relevant social group seeks to recommend a citizen for the office of litigation representative, it shall meet the following conditions:
(1) The social group is a non-profit corporate organization lawfully registered and formed or lawfully exempted from registration.
(2) The represented party is a member of the social group, or the place of domicile of either party is within the activity area of the social group.
(3) The matter is within the scope of business as indicated in the bylaws of the social group.
(4) The recommended citizen is the person in charge of the social group or an employee that has a legal labor relationship with the social group.
As recommended by the All-China Patent Agents Association, a patent agent may act as a litigation representative in an administrative patent case.
IV. Evidence
Article 34 Where a defendant applies for postponing providing evidence under paragraph 1, Article 36 of the Administrative Litigation Law, it shall do so in writing with the people's court within 15 days from the date of receiving a copy of the written complaint. If the people's court permits the application, the defendant shall provide evidence within 15 days after the elimination of the good reason. Provision upon the lapse of the period shall be deemed as an absence of evidence corresponding to the administrative action against which the complaint is filed.
Article 35 The plaintiff or a third party shall provide evidence before a court hearing or the date of exchange of evidence lists as designated by the people's court. If an application for postponing providing evidence is filed for a good reason, it may, with the permission of the people's court, be provided during court investigation. Where a party provides evidence upon the lapse of the period, the people's court shall order it to state the reasons; and if it refuses to do so or states untenable reasons, it shall be deemed to have waive its right to adduce evidence.
The people's court shall not admit evidence which the plaintiff or any third party neglects to provide at the procedure at first instance without good reason but provides in the procedure at second instance.
Article 36 A party shall apply to the people's court in writing for extending the period for adducing evidence, before the lapse of the period.
If the reasons for the application are tenable, a people's court shall permit it, appropriately extend the period for adducing evidence, and notify other parties. Otherwise, the people's court shall grant no permission and notify the applicant.
Article 37 Under Article 39 of the Administrative Litigation Law, a people's court may order a party to provide or supplement evidence relating to any fact beyond dispute among parties, but affecting national interests, public interests, or the lawful rights and interests of any other person.
Article 38 With respect to a case in which the facts are complicated, or there is much evidence, the people's court may organize parties to show evidence to or exchange evidence with each other before a court hearing and file the information on the exchange of evidence lists.
Evidence beyond dispute among parties over the course of the change of evidence before the court hearing and filed may be used as basis to determine the facts of the case after the judge has made statements in the court hearing.
Article 39 If a party applies for investigating and collecting evidence, irrelevant or meaningless to factum probandum, or otherwise unnecessary to investigate or collect, the people's court shall grant no permission.
Article 40 A people's court shall inform a witness, before testifying at trial, of his/her obligation to give true testimony and the legal consequence of giving false testimony.
The travel, accommodation, board and lodging, and other necessary costs and loss for missed work incurred by a witness for discharging his/her obligation of testifying at trial shall be borne by the parties on the losing side.
Article 41 Where, under any of the following circumstances, the plaintiff or a third party requests relevant administrative law enforcement personnel to make statements at trial, the people's court may grant permission:
(1) Doubting the lawfulness or authenticity of the on-site transcripts.
(2) Doubting the types or quantity of the impounded property.
(3) Doubting the sampling or preservation of things inspected.
(4) Doubting the lawfulness of the identities of administrative law enforcement personnel.
(5) Otherwise requesting statements at trial.
Article 42 Evidence able to reflect the true circumstances of a case, relevant to factum probandum, from sources and in forms as required by the law, shall be used as the basis to determine the facts of the case.
Article 43 Any of the following shall be the "illegally obtained evidence" as described in paragraph 3, Article 43 of the Administrative Litigation Law:
(1) An evidential material collected in serious violation of the statutory procedures;
(2) An evidential material obtained by any means in violation of the mandatory provisions of the law and injurious to the lawful rights and interests of another person.
(3) An evidential material obtained by inducement, fraud, coercion, violence or any other means.
Article 44 A people's court may, if necessary, require a party in person, or a law enforcement employee of the administrative agency, to appear in court to be inquired about any facts regarding the case and before the inquiry, require the party or the employee to sign an undertaking.
The undertaking shall specify making statements faithfully, voluntarily accepting punishment in the case of any false statements, and other content. The party or the employee shall sign or seal the undertaking.
Where a party who has the burden of proof refuses to appear in court, be inquired, or sign the undertaking, and there is a lack of other evidence of factum probandum, the people's court shall not affirm the facts the party claims.
Article 45 Where the defendant has evidence that it required in the administrative procedure according to the statutory procedures the plaintiff or any other third party to provide evidence, and the plaintiff or the third party failed to do so as legally required, but provides the evidence in the legal procedure, the people's court shall generally not admit it.
Article 46 Where the plaintiff or a third party has evidence that the defendant holds evidence in favor of the plaintiff or the third party, it may, before the trial in court, apply to the people's court in writing for ordering the administrative agency to submit the evidence.
If the grounds for the application are tenable, the people's court shall do so, and the expenses for submitting evidence shall be repaid by the applicant. If the administrative agency refuses to submit it without good reason, the people's court may presume that any fact based on which the plaintiff or any third party claims is tenable.
If the party having evidence destroys it, or does any act causing that the use of the evidence is impossible, in order to obstruct its use by the opposite party, the people's court may presume that any fact based on which the opposite party claims is tenable and, in addition, dispose according to Article 59 of the Administrative Litigation Law.
Article 47 According to paragraph 2, Article 38 of the Administrative Litigation Law, if the plaintiff cannot adduce evidence of damage for the reasons of the defendant in an administrative compensation or reimbursement case, the defendant shall have the burden of proving the damage.
If the value each party claims cannot be affirmed, the party having the burden of proof shall apply for appraisal, unless the law, regulations or rules require the administrative agency to conduct assessment or appraisal in accordance with the law when taking the administrative action; if the party having the burden of proof refuses to do so, the party shall bear adverse legal consequences.
If the loss incurred by a party cannot be appraised for objective reasons, the people's court shall determine the amount of compensation according to specific circumstances, in consideration of the party's claims and on-record evidence, following the judge's professional ethics, with logical reasoning, life experience and common sense, among others.
V. Time Periods and Service
Article 48 A time period may be either legal or designated by a people's court.
Time periods shall be calculated by hour, day, month and year. The hour and the day from which a time period begins to run shall not be counted within the time period.
If the last day of a time period is a holiday, the period shall expire on the first day following the holiday.
A time period shall not include the travel time, and a litigation document that is mailed before the expiry of the time period shall deemed to be mailed within the expiry.
Article 49 Where the plaintiff is notified of making supplements and corrections for any omission or any other mistake in the written complaint, time period for docketing a case as prescribed in paragraph 2, Article 51 of the Administrative Litigation Law shall be counted from the day after supplements and corrections have been submitted to the people's court. For a case transferred to a people's court at a lower level by a people's court at a higher level, it shall be counted from the day after the people's court in which the complaint is filed receives the written complaint.
Article 50 Each of the time periods for trial in Articles 81, 83 and 88 of the Administrative Litigation Law shall be the period from the day when the case is docketed to the day when the judgment is declared or the consent judgment is served, excluding the time period of announcement, appraisal, mediation, suspension of proceedings, deciding the objection to jurisdiction raised by a party, or processing the jurisdictional disputes between people's courts.
If a case is retried under the procedure at first instance or the procedure at second instance, the time periods for trial as prescribed in Article 81 and Article 88 of the Administrative Litigation Law shall apply. The time period for trial shall be counted from the day after the retrial case is docketed.
A low-level people's court seeking to extend the time period of trial shall directly request permission from the higher people's court and make a report to the intermediate people's court for recordation.
Article 51 A people's court may require a party to sign a recognition of service address, and the service address recognized by the party shall be the address to which the legal instruments of the people's court are served.
A party that agrees to electronic service shall provide and recognize fax number, electronic address, and other electronic service address.
A party whose service address is modified shall notify the people's court accepting the case in writing; or failing that, the people's court shall conduct service according to the former address, which shall be deemed as legal service.
A people's court may conduct service by special court delivery through a national postal institution.
Article 52 A people's court may directly serve the litigation document on parties in locations other than the places of their domiciles. If a party refuses to sign an acknowledgment of service, the image, video and other records of the process of the service shall be deemed as service. The judge or the clerk shall state the information about the service in and sign the acknowledgment of service.
VI. Filing Complaints and Acceptance
Article 53 A people's court shall docket a case meeting the conditions for filing a complaint and maintain according to the law the exercise of litigation rights by parties.
If a party files a complaint in accordance with the law, the people's court shall accept the written complaint in accordance with Article 51 of the Administrative Litigation Law. If it can be determined that the conditions for filing a complaint are met it shall register and docket the complaint forthwith; or, if not, it shall decide whether to docket it within seven days of accepting the written complaint; or failing that, it shall first docket it.
Article 54 Under Article 49 of the Administrative Litigation Law, a citizen, a legal person or any other organization shall submit the following complaint materials when filing a complaint:
(1) The supporting materials on the identity and the effective contact information of the plaintiff.
(2) Materials of the existence of the administrative action, or omissions, complained against.
(3) Materials of the interests of the plaintiff in the alleged administrative action.
(4) Materials the people's court otherwise deems necessary.
Where the legal representative or litigation representative files a complaint on behalf, the basic information of the legal representative or litigation representative shall be stated to the people's court in the written complaint, or oral complaint, with the proof of the identity or authority of the legal representative or litigation representative submitted.
Article 55 Under Article 51 of the Administrative Litigation Law, a people's court shall review whether a written complaint or materials are complete and whether the complaint conditions as specified in the Administrative Litigation Law are met.
If the written complaint or materials are incomplete, the people's court shall provide guidance and explanation and notify the party of all necessary supplements and corrections and the period at one time. The people's court shall register and docket the complaint if such supplements and corrections are submitted to the court within the specified period and the conditions for filing a complaint are met. If the party refuses to submit such supplements and corrections or still fails to meet the conditions for filing a complaint after submitting such supplements and corrections, the people's court shall return the written complaint and make an entry in its register; and if the party insists in filing a complaint, the court shall enter a ruling not to docket the complaint, with the reasons therefor specified.
Article 56 Where the law or regulation requires that an application for reconsideration be filed first, and a citizen, legal person or any other organization directly files a complaint without applying for reconsideration, the people's court shall enter a ruling not to docket the complaint.
According to Article 45 of the Administrative Litigation Law, if a reconsideration agency does not accept an application for reconsideration, or fails to make a decision as to reconsideration within the statutory period, against which a citizen, legal person or any other organization files a complaint in the people's court in accordance with the law, the people's court shall docket the complaint as legally required.
Article 57 Where the law or regulations do not provide that administrative reconsideration is a necessary procedure before administrative litigation, and a citizen, legal person or any other organization files both a complaint and an application for administrative reconsideration, the agency or the court, whichever first dockets the complaint or application, shall have jurisdiction; and if the complaint and application are docketed concurrently, the citizen, the legal person or the other organization shall have the option. If a citizen, legal person or any other organization has already applied for administrative reconsideration and files a complaint in the people's court during the statutory reconsideration period, the people's court shall enter a ruling not to docket the complaint.
Article 58 Where the law or regulations do not provide that administrative reconsideration is a necessary procedure before administrative litigation, and a citizen, legal person or any other organization withdraws the application for reconsideration with the consent of the administrative action and files a complaint against the original administrative action within the statutory time limitation for filing a complaint, the people's court shall docket the complaint in accordance with the law.
Article 59 Where a reconsideration agency sustains the original decision of which a citizen, legal person or any other organization applies to it for administrative reconsideration, the reconsideration agency and the agency taking the original action shall be co-defendants, and the time of service of the reconsideration decision shall be used to determine the time limitation for filing a complaint.
Article 60 Where a people's court enters a ruling to allow the plaintiff to withdraw the complaint, and the plaintiff files another complaint based on the same facts and reasons, the people's court shall not docket the another complaint.
If the ruling is erroneous, and the plaintiff petitions for retrial, the people's court shall reverse the former ruling to allow the withdrawal of the complaint through the procedure for trial supervision and retry the case.
Article 61 Where the plaintiff or appellant neither prepays the case acceptance fee within the prescribed period nor files an application for postponed, reduced or exemption from payment or obtains permission of the application filed, disposition shall be conducted as automatic withdrawal of the complaint. In such a case, if the plaintiff or appellant files another complaint or appeal within the statutory period and solves the issue of prepayment of the costs in accordance with the law, the people's court shall docket the complaint or appeal.
Article 62 Where a citizen, legal person or any other organization files a complaint in the people's court against another administrative action taken by the administrative agency after the people's court has revoked the former administrative action taken by the administrative agency, the people's court shall docket the complaint in accordance with the law.
Article 63 Where an administrative agency does not prepare or serve a legal instrument when taking an administrative action, as long as a citizen, legal person or any other organization can prove the existence of the administrative action and files a complaint within the statutory period, the people's court shall docket the complaint in accordance with the law.
Article 64 Where an administrative agency fails to notify a citizen, legal person or any other organization of the time limitation for filing a complaint when taking an administrative action, the time limitation shall begin to run from the date when the citizen, legal person or other organization knows or should have known the period but nevertheless exceed one year from the date when the citizen, legal person or other organization knows or should have known the content of the administrative action.
If a citizen, legal person or any other organization is not notified of the time limitation for filing a complaint against a reconsideration decision, the preceding paragraph shall apply.
Article 65 Where a citizen, legal person or any other organization does not know the content of an administrative action taken by an administrative action, the time limitation for filing a complaint shall be counted from the date when the citizen, legal person or other organization knows or should have known the content of the administrative action but nevertheless exceed the time limitation as set forth in paragraph 2, Article 46 of the Administrative Litigation Law.
Article 66 Where a citizen, a legal person, or any other organization files a complaint in accordance with paragraph 1, Article 47 of the Administrative Litigation Law against an administrative agency for its failure to fulfill its statutory duties, it shall do so within six months upon expiry of the time limit for the administrative agency to fulfill its statutory duties.
Article 67 Where the name and other information of the defendant provided by the plaintiff are sufficient to distinguish the defendant from any other administrative agency, it shall be determined that there is a "specific defendant" as described in Article 49(2) of the Administrative Litigation Law.
If the information on the defendant as listed in the written complaint is insufficient to determine a specific defendant, the people's court may notify the plaintiff of making supplements and corrections; and if the supplements and corrections from the plaintiff remain incapable of determining a specific defendant, the people's court shall enter a ruling not to docket the complaint.
Article 68 As mentioned in Article 49(3) of the Administrative Litigation Law, "specific claim" means:
(1) A claim for a judgment to revoke or modify an administrative action
(2) A claim for a judgment to require an administrative agency to discharge its statutory duties or payment obligation.
(3) A claim for a judgment to recognize that an administrative action is illegal.
(4) A claim for a judgment to recognize that an administrative action is void.
(5) A claim for a judgment requiring an administrative agency to make compensation or reimbursement.
(6) A claim for settlement of a dispute over an administrative agreement.
(7) A claim for concurrent review of a regulatory document at or below the level of rules.
(8) A claim for concurrent settlement of a relevant civil dispute.
(9) Any other claim.
If a party files a complaint for administrative compensation or reimbursement, separately or concurrently, the matter and amount of compensation or reimbursement shall be specific; in the event of a claim for concurrent review of a regulatory document at or below the level of rules, the specific name of the document or review target shall be provided; and in the event of a claim for concurrent settlement of a relevant civil dispute, the civil claim shall be specific.
If a party fails to correctly express claims, the people's court shall require the party to specify them.
Article 69 When a complaint has been docketed under any of the following circumstances, the people's court shall enter a ruling to dismiss the complaint:
(1) Noncompliance with Article 49 of the Administrative Litigation Law.
(2) Exceeding the statutory time limitation for filing a complaint and under no circumstances as specified in Article 48 of the Administrative Litigation Law.
(3) Listing a wrong defendant and refusing to make a modification.
(4) Failing to have the legal representative, designated representative, or representative do litigation acts according to the law.
(5) Failing to first apply to the administrative agency for reconsideration in accordance with laws and regulations.
(6) Filing a repeat complaint.
(7) Filing another complaint without good reason after withdrawing a complaint.
(8) The administrative action evidently has no actual impact on the lawful rights and interests of the party.
(9) The subject matter of the complaint has been bound by an effective judgment or consent judgment.
(10) Statutory conditions for filing a complaint otherwise not met.
If the circumstances as enumerated in the preceding paragraph can be supplemented or corrected, the people's court shall order supplements or corrections within a given time; and trial shall be conducted in accordance with the law if supplements or corrections are made within the given time.
If a people's court deems a court hearing unnecessary after consulting case files, investigation, or inquiring parties, it may directly enter a ruling to dismiss the complaint.
Article 70 Where a plaintiff raises a new claim upon service of a copy of the written complaint on the defendant, the people's court shall not grant permission unless the plaintiff is with good reason.
VII. Trial and Judgment
Article 71 Where a people's court tries a case under ordinary procedure, it shall serve summons on the parties three days before the court hearing. It shall issue a notice to a witness, appraiser, investigator, or translator to inform him/her of appearing in court. If a party or any other litigation participant is in another place, the time necessary for travel shall be reserved.
Article 72 A court hearing may be postponed under any of the following circumstances:
(1) A party or any other litigation participant that is required to appear in court does not appear with good cause.
(2) A party applies for disqualification for the time being, on which a timely decision cannot be made.
(3) It is necessary to summon a new witness to appear, collect new evidence, conduct another appraisal or scene investigation, or make a supplementary investigation.
(4) Postponement otherwise required.
Article 73 According to Article 27 of the Administrative Litigation Law, under any of the following circumstances, a people's court may decide to consolidate the trials:
(1) Two or more administrative agencies separately take an administrative action with respect to the same fact, against which citizens, legal persons or other organizations file complaints in the same people's court.
(2) An administrative agency takes an administrative action with respect to the same fact affecting several citizens, legal persons or other organizations, against which citizens, legal persons or other organizations separately file a complaint in the same people's court.
(3) Over the course of legal proceedings, the defendant takes a new administrative action affecting the plaintiff, against which the plaintiff files a complaint in the same court.
(4) The people's court otherwise deems that trials may be concurrent.
Article 74 A party applying for disqualification shall explain the reasons therefor and file the application at the commencement of the trial; if the cause of disqualification becomes known after the commencement of the trial, the application shall be filed before the end of court debate.
A person whose disqualification is applied for shall provisionally cease to participate in the work in the case before the people's court decide whether he/she is disqualified, unless emergency measures are necessary for the case.
A people's court shall make a decision, viva voce or in writing, on a party's application for disqualification within three days. The court may reject forthwith an application which a party files based on a cause of disqualification clearly not statutory.
An applicant against the decision to reject the application for disqualification may apply only for once for reconsideration to the people's court making the decision. During the period of reconsideration, the person whose disqualification is applied for shall continue participating in the work in the case. For the application for reconsideration filed by the applicant, the court shall make a decision with respect to the reconsideration within three days and notify the applicant.
Article 75 A judge who participates in the trial of a case under one trial procedure may not participate in the trial under another procedure.
If a case remanded for retrial enters the procedure at second instance after the court of first instance has entered a judgment, the members of the collegial panel under the original procedure at second instance shall not be limited by the preceding paragraph.
Article 76 For a case in which the conduct of a party on one side or any other reason may make it impossible or difficult to enforce an adjudicative action or an effective judgment of a people's court, the people's court may, upon application of a party on the opposing side, enter a ruling to preserve the property of the party on such one side, order it to do certain acts, or prohibit it from doing certain acts; and if none applies, the people's court may, when necessary, enter a ruling to take the aforesaid preservation measures.
A people's court may order the applicant to provide security when taking preservation measures; and if the applicant fails to do so, enter a ruling to dismiss the application.
In the case of an emergency, a people's court must, upon accepting an application, enter a ruling within 48 hours; and if a ruling is entered to take preservation measures, the measures shall be enforced forthwith.
Any party may apply for reconsideration of the ruling of preservation; and the ruling shall continue to be enforced during the period of reconsideration.
Article 77 Where irreparable damage to the lawful rights and interests of an interested party is imminent unless an application for preservation is filed forthwith, the party may, before filing a complaint, apply to the people's court in the place where the property subject to preservation is located, or in the place of the domicile of the respondent, or to a people's court of competent jurisdiction, for taking preservation measures. The applicant shall provide security, otherwise a ruling shall be entered to dismiss the application.
A people's court must, upon accepting an application, enter a ruling within 48 hours; and if a ruling is entered to take preservation measures, the measures shall be enforced forthwith.
If an applicant fails to file a complaint in accordance with law within 30 days after the people's court takes preservation measures, the people's court shall terminate the preservation.
Any party may apply for reconsideration of the ruling of preservation; and the ruling shall continue to be enforced during the period of reconsideration.
Article 78 What is preserved shall be limited to the extent of the claim, or case-related property.
Property may be preserved by seizure, impoundment, freezing, or other means as prescribed by the law. After preserving any property, a people's court shall forthwith notify the person whose property is preserved.
Any property that have already been seized or frozen shall not be further seized or frozen.
If, in a property-related case, the respondent has provided security, the people's court shall enter a ruling to terminate preservation.
If the application is erroneous, the applicant shall compensate the respondent for the loss as a result of the preservation.
Article 79 Where the plaintiff or appellant applies for withdrawing the complaint, and the people's court enters a ruling not to grant permission, and where the plaintiff or appellant refuses to appear in court without good reason upon service with summons, or withdraws from a court hearing without permission of the court, the court may enter a default judgment.
If a third party refuses to appear in court without good reason upon service with summons, or withdraws from a court hearing without permission of the court, the refusal or withdrawal does not produce the effect of preventing the hearing of the case.
Under Article 58 of the Administrative Litigation Law, if a defendant refuses to appear in court without good reason upon service with summons, or withdraws from a court hearing without permission of the court, the people's court shall hold a hearing on schedule, or proceed with the hearing, and enter a default judgment according to the law after hearing the claims of the parties appearing in court, the claims and defenses of both parties, and the evidence and other complaint materials already submitted.
Article 80 Where a plaintiff or appellant renders a court hearing impossible by refusing to make statements in the court hearing, either expressly or by any other means, and still does not state opinions after the court has explained the legal consequences, the plaintiff or appellant shall be deemed to have waived the right of statements and bear the adverse legal consequences.
For a case in which a party applies for withdrawal of the complaint or which can be processed by withdrawal of complaint, if any illegal act committed by a party needs to be processed according to the law, the people's court may disapprove the withdrawal or process the case not by withdrawal of complaint.
If a plaintiff applies for withdrawal of plaintiff at the end of the court debate, the people's court may grant permission, unless any national, social or public interests are involved.
Article 81 Where the defendant changes the alleged administrative action during the first instance period, it shall notify the people's court in writing.
If the plaintiff or third party files a complaint against the changed administrative action, the people's court shall decide the changed administrative action.
If the defendant changed the former illegal administrative action, but the plaintiff nevertheless requests recognition of the illegality of the former administrative action, the people's court shall enters a judgment of recognition in accordance with the law.
If the plaintiff files a complaint against nonfeasance of the defendant and does not withdraw the complaint after the defendant has taken an administrative action in the legal proceedings, the people's court shall enters a judgment of recognition of the nonfeasance in accordance with the law.
Article 82 Where the parties collude in bad faith in an attempt to infringe by legal proceedings or any means upon the lawful rights and interests of another person, society or the public, or the country, the people's court shall enter a ruling to dismiss their complaint or a judgment to dismiss their claims and fine or detain them according to the severity of the circumstances; and if they are criminally punishable, they shall be held criminally liable in accordance with the law.
Article 83 The fine and detention as prescribed in Article 59 of the Administrative Litigation Law may apply either separately or together.
The fine and detention with respect to the same conduct interfering with administrative litigation may not continue applying. If new conduct interfering with administrative litigation takes place, the people's court may impose another fine or detention.
Article 84 Where a people's court hears an administrative case as described in paragraph 1, Article 60 of the Administrative Litigation Law and deems the legal relationship determinate and facts clear, it may directly conduct mediation with the consent of both parties.
Article 85 Where a settlement is reached through mediation, the people's court shall prepare a consent judgment. A consent judgment shall set forth the claims, the facts of the case, and the results of the mediation.
The consent judgment shall be signed by the judge and the clerk, sealed by the people's court, and served on both parties.
The consent judgment shall be legally binding upon signature of both parties. The effective date of the consent judgment shall be the date when both parties sign the consent judgment.
Article 86 When a people's court hears an administrative case, the process of mediation shall not be disclosed to the public, unless otherwise agreed by the parties.
With the permission of the people's court, a third party may participate in mediation. If the people's court deems it necessary, it may notify a third party of participating in the mediation.
The content of a settlement shall not be disclosed to the public, unless the people's court deems disclosure necessary for the protection of national, social or public interests, or the lawful rights and interests of another person.
If either party or both parties are unwilling to conduct mediation, or a settlement is not reached through mediation, the people's court shall enter a judgment in a timely manner.
If parties reach a compromise of their own accord, or a settlement through mediation, and request the people's court to prepare a judgment according to the compromise or settlement, the people's court shall not grant permission.
Article 87 Under any of the following circumstances over the course of the legal proceedings, the legal proceedings shall be suspended:
(1) The plaintiff is deceased, and the decision of his/her close relatives whether to participate in the legal proceedings is pending.
(2) The plaintiff loses capacity for litigation conduct, and the determination of a legal representative is pending.
(3) An administrative agency, legal person or any other organization, as a party, terminates, and the determination of a successor to its rights and obligations is pending.
(4) Either party is unable participate in the legal proceedings for reasons of force majeure.
(5) The case involves the issue of the application of law and needs to be transferred to a competent agency for interpretation or recognition.
(6) The hearing of the case must be based on the decision on a relevant civil, criminal or other administrative case, and decision of the relevant case is pending.
(7) The legal proceedings are otherwise required to be suspended.
The legal proceedings shall resume upon the elimination of the reasons for the suspension.
Article 88 Under any of the following circumstances over the course of the legal proceedings, the legal proceedings shall terminate:
(1) The plaintiff is deceased, and he/she has no close relatives, or his/her close relatives waive the right of litigation.
(2) The legal person or any other organization, as the plaintiff, terminates, and the successor to its rights and obligations waives the right of litigation.
If no person proceeds with the legal proceedings at the expiry of 90 days after the suspension of the legal proceedings for any reason in paragraph 1 (1), (2) and (3), Article 87 of this Interpretation, a ruling shall be entered to terminate the legal proceedings, except under special circumstances.
Article 89 Where a reconsideration decision changing a former administrative action is erroneous, the people's court may, when deciding to revoke the reconsideration decision, order concurrently the reconsideration agency to make another reconsideration decision, or decide to restore the legal effect of the former administrative action.
Article 90 Where a people's court decides that the defendant take another administrative action, and the another administrative action produces the same results as the former one, but the principal facts, or principal grounds, have been changed, such a case is not the same as that as described in Article 71 of the Administrative Litigation Law.
If a people's court decides to revoke an alleged administrative action on the ground of a violation of statutory procedure, the administrative agency shall be relieved of the limitation as specified in Article 71 of the Administrative Litigation Law when taking another administrative action.
If an administrative agency takes another administrative action basically the same as the former one based on the same facts and reasons, the people's court shall decide to revoke all or part of the another administrative action under Articles 70 and 71 of the Administrative Litigation Law and dispose according to Article 96 of the same.
Article 91 Where the plaintiff's request for the defendant's performance of its statutory duties is well-founded but the defendant illegally refuses to perform or fails to provide a reply during a prescribed period without good reason, the people's court may, in accordance with Article 72 of the Administrative Litigation Law, enter a judgment to require the defendant to perform during a certain period according to the law the statutory duties as requested by the plaintiff; or if the defendant needs to conduct investigation or exercise discretion, the people's court shall enter a judgment to require the defendant to dispose of the plaintiff's request anew.
Article 92 Where the plaintiff's application to the defendant for its performance of a payment obligation such as payment of consolation money, minimum subsistence, or social insurance benefits is well-founded but the defendant with the payment obligation according to the law refuses or delays the performance of the obligation, the people's court may, in accordance with Article 73 of the Administrative Litigation Law, enter a judgment to require the defendant to perform the corresponding payment obligation during a certain period.
Article 93 Where the defendant demands, without first applying to the administrative agency, that the defendant fulfill its statutory duties, or discharge according to the law payment of survivor benefits, minimum living benefits, social security benefits, or any other payment obligation, the people's court shall enter a ruling to dismiss the complaint.
If a people's court deems upon hearing that the statutory duties or payment obligation the discharge of which the plaintiff demands is conspicuously outside the remit of the administrative agency, it may enter a ruling to dismiss the complaint.
Article 94 Where a citizen, legal person or any other organization files a complaint to demand the revocation of an administrative action, and the people's court deems it null upon consideration, the people's court shall render a judgment of recognition of its nullity.
If a citizen, legal person or any other organization files a complaint to request the recognition of the nullity of an administrative action, which the people's court deems not to be null upon consideration, and the plaintiff requests revocation of the administrative action as explained, the people's court shall proceed with the hearing and enter a corresponding judgment in accordance with the law; if the plaintiff requests the revocation upon the expiration of the statutory time limitation for filing a complaint, a ruling shall be entered to dismiss the complaint; and if the plaintiff refuses to change the claim, a judgment shall be entered to dismiss the claim.
Article 95 Where a people's court deems upon hearing the alleged administrative action to be illegal or null and possibly cause damage to the plaintiff, and the plaintiff requests concurrent resolution of the administrative compensation dispute as explained, the people's court may mediate in the compensation item; or failing that, it shall enter a judgment concurrently. The people's court may also notify the plaintiff of filing another complaint over the compensation item.
Article 96 Any of the following to no substantial detriment of the hearing, statements, defenses, or any other significant procedural right enjoyed by the plaintiff in accordance with the law shall be "a petty violation of the statutory procedures" as specified in paragraph 1(2), Article 74 of the Administrative Litigation Law:
(1) A petty violation in the processing period.
(2) A petty violation in notice, service or any other procedure.
(3) Any other petty violation of the statutory procedures.
Article 97 Where the damage to the plaintiff or a third party is jointly caused by the fault of the plaintiff or the third party and the illegal administrative action of the administrative agency, the people's court shall determine the corresponding liability of the administrative agency based on the causal relationship between the conduct of each party and the damage caused, in proportion to their contributions to the occurrence and results of the damage.
Article 98 Where an administrative agency causes damage to the lawful rights and interests of a citizen, legal person or any other organization by not discharging its statutory duties, or by delaying in discharging its statutory duties, the people's court shall enter a judgment that the administrative agency be liable for administrative compensation. At the determination of the amount of the compensation, the role of the non-discharge or delay in discharge of the statutory duties in the process and results of the damage and other factors shall be taken into account.
Article 99 Any of the following shall "seriously and evidently violate the law" as mentioned in Article 75 of the Administrative Litigation Law:
(1) The party taking an administrative action does not qualify as an administrative agency.
(2) An administrative action derogating from a right or increasing an obligation has no basis in legal rules.
(3) The content of an administrative action cannot be implemented objectively.
(4) Otherwise seriously and evidently violating the law.
Article 100 Where a people's court applies any judicial interpretation of the Supreme People's Court when hearing an administrative case, it shall cite it in the adjudicatory instruments.
A people's court may, when hearing an administrative case, cite lawful rules and other regulatory documents in force in its adjudicatory instruments.
Article 101 A ruling shall apply to the following:
(1) Not docketing a complaint.
(2) Dismissing a complaint.
(3) An objection to jurisdiction.
(4) Terminating legal proceedings.
(5) Suspending legal proceedings.
(6) Making a transfer, or designating jurisdiction.
(7) Suspending the execution of an administrative action during legal proceedings, or dismissing an application for suspension of execution.
(8) Preserving property.
(9) Advance enforcement.
(10) Approving or disapproving the withdrawal of a complaint.
(11) Correcting any clerical mistake in the adjudicatory instruments.
(12) Suspending or terminating enforcement.
(13) Review, ordering retrial, or remittance for retrial.
(14) Approving or disapproving the execution of an administrative action of an administrative agency.
(15) Any matter otherwise requiring a ruling.
A party may appeal against a ruling as to (1), (2) or (3).
A written ruling shall state the results of ruling and the grounds of the ruling. A written ruling shall be signed by the judge and the clerk and sealed by the people's court. A ruling rendered viva voce shall be entered in the transcripts.
Article 102 As mentioned in Article 82 of the Administrative Litigation Law, with respect to an administrative case, "facts are clear" means that the parties make basically consistent statements on the facts of a dispute and can provide corresponding evidence, and it is unnecessary for the people's court to investigate and collect evidence for ascertaining facts; "the rights and obligations between the parties are clear" means that the rights and obligations in the administrative legal relations can be distinguished; and "the dispute is minor" means that parties do not substantially disagree on the lawfulness and liability apportionment, among others, of an administrative action.
Article 103 For a case to which summary procedure applies, a people's court may summons a party, notify a witness, or serve litigation instruments other than adjudicatory instruments viva voce, by phone call, short text message, fax, or e-mail, or by any other summary means.
If the receipt of a notice of a court hearing served by a summary means is not acknowledged by the party or proved by any other evidence, the people's court may not enter a default judgment.
Article 104 The time limit for adducing evidence for a case to which the summary procedure applies may be determined by a people's court, or stipulated by parties through consultation with the permission of the people's court, but may not exceed 15 days. If a defendant requests written defense, the people's court may fix a reasonable period of defense.
A people's court shall notify both parties of the time limit for adducing evidence and the date of court session, explain to the parties the legal consequences of failure to adduce evidence within the time limit and refusal to appear in court, and have both parties sign or seal the transcripts and the acknowledgment of service of summons.
If both parties agree to immediate commencement of the court session or reduction of the time limit for adducing evidence and the period of defense, the people's court shall forthwith hold the court session or determine the date of court session.
Article 105 Where a people's court discovers that the complexity of a case makes a shift to trial under ordinary procedure necessary, it shall, before the time period of trial expires, enter a ruling and notify both parties in writing of the members of the collegial bench and the relevant matters.
If a case is tried under ordinary procedure as a result of shift, the time period of trial shall be counted from the day when the people's court dockets the case.
Article 106 Where a party files another complaint, under the following circumstances, in the course of legal proceedings or after a judgment takes effect, over a matter with respect to which a complaint has been filed, the another complaint shall constitute a repeat:
(1) The parties to the another complaint are the same as those to the former complaint.
(2) The subject matter of the another complaint is the same as that of the former complaint.
(3) The claims in the another complaint are the same as those in the former complaint, or the claims in the another complaint are contained in the judgment with respect to the former complaint.
Article 107 Where each party files an appeal against the judgment or ruling entered by the people's court of first instance, each party shall be an appellant.
If a portion of parties file an appeal, any opposing party that do not file an appeal shall be an appellee, and the other parties shall be specified according to their litigation status in the original trial.
Article 108 A party filing an appeal shall prepare the copies of the written appeal according to the number of the other parties or that of the litigation representatives.
The people's court of original trial shall, within five days after receiving a written appeal, serve the copies of the written appeal on the other parties, and the opposing parties shall, within 15 days after receiving the copies, submit their written statements of defense.
The people's court of original trial shall, within five days from receiving the written statement of defense, send the copies thereof to the appellant. The failure of an opposing party to submit a written statement of defense shall not affect the trial of the case by the people's court.
The people's court of original trial shall, within five days after receiving a written appeal or a written statement of defense, send it to the people's court of second instance with all the case files and evidence; in addition to the prepaid litigation costs.
Article 109 Where the people's court of second instance deems upon hearing that the ruling entered by the people's court of original trial not to docket the complaint, or dismiss the complaint, is erroneous and that the filing of the complaint meets the conditions for filing a complaint, it shall enter a ruling to reverse the ruling of the people's court of original trial and order the people's court of original trial to docket the complaint, or proceed with the trial, in accordance with the law.
The people's court of original trial shall separately form a collegial bench to hear an administrative case which is remanded to the people's court of original trial for retrial as ruled by the people's court of second instance.
If the original judgment omits any party that must participate in legal proceedings, or any claim, the people's court of second instance shall enter a ruling to reverse the original judgment and remand the case for retrial.
If the original judgment omits the claim for administrative compensation, and the people's court of second instance deems upon review compensation not to be legally required, it shall enter a judgment to dismiss the claim.
If the original judgment omits the claim for administrative compensation, and the people's court of second instance deems upon review compensation to be legally required, it may mediate in the issue of administrative compensation at the recognition of the illegality of the alleged administrative action; or failing that, it shall remand the part of administrative compensation for retrial.
If a party claims administrative compensation at second instance, the people's court of second instance may mediate; or failing that, it shall notify the party of filing another complaint.
Article 110 A party shall petition the people's court at a higher level for retrial within six months after a judgment, ruling, or consent judgment takes effect. A party shall petition within six months after it knows or should have known that:
(1) there is any new evidence sufficient to overturn the former judgment or ruling;
(2) the primary evidence for the fact finding in the former judgment or ruling is forged;
(3) the legal instrument based on which the former judgment or ruling is entered has been revoked or modified; or
(4) a judge trying the case commits embezzlement, accepts bribes, practices favoritism, makes falsification, or adjudicates by bending the law.
Article 111 A party petitioning for retrial shall submit a written retrial petition and other materials. The people's court may, if necessary, send a copy of the written retrial petition to the opposing party within five days after receiving it. The opposing party shall submit written opinions within 15 days after receiving the copy of the written retrial petition. The people's court may require the petitioner and the opposing party to supplement relevant materials and make relevant inquiries.
Article 112 The people's court shall conduct a review within six months from the date of docketing the petition for retrial, and any extension necessary for special circumstances shall be permitted by the president of the court.
Article 113 A people's court shall decide whether to question any party in order to meet the need of the review of the retrial petition; and if new evidence may overturn the former judgment or ruling, the people's court shall question any parties.
Article 114 Where a respondent or any other party in the original trial petitions for retrial according to the law during the review of another trial petition, the people's court shall list the respondent or the other party as a petitioner and review the cause of retrial concurrently, with the review period recounted. If, upon review, the cause of retrial asserted by a party is well-founded, a ruling shall be entered to permit retrial. If the cause of retrial asserted by each petitioner is unfounded, the people's court shall enter a ruling to dismiss the retrial petitions concurrently.
Article 115 Where a petitioner for trial applies to the people's court during the review of the trial petition for commissioned appraisal or scene investigation, the people's court shall grant no permission.
If the petitioner withdraws the petition during the review of the trial petition, the people's court shall enter a ruling and decide whether to grant permission.
If a petitioner refuses to be questioned without good reason upon service with summons, the petition shall be processed as if it have been withdrawn.
If a petitioner further petitions for retrial after the people's court permits the withdrawal of retrial petition or processes a retrial petition as if it have been withdrawn, the people's court shall not docket the petition unless it is filed within six months from the day when the petitioner knows or should have known the circumstances as described in Article 91 (2), (3), (7) or (8) of the Administrative Litigation Law.
Article 116 Where the cause of retrial asserted by a party is tenable, and the conditions for petitioning for retrial as set out in the Administrative Litigation Law and this Interpretation are met, the people's court shall enter a ruling to permit retrial.
If the cause of retrial asserted by a party is untenable, or a party petitions for retrial at the expiry of the statutory time limit for petitioning for retrial, beyond the scope of statutory causes of retrial, or by otherwise failing to meet the conditions for petitioning for retrial as set out in the Administrative Litigation Law or this Interpretation, the people's court shall issue a ruling to dismiss the retrial petition.
Article 117 Under any of the following circumstances, a party may petition the people's procuratorate for appeal or procuratorial recommendations:
(1) The people's court dismisses the retrial petition.
(2) The people's court fails to enter a ruling on the retrial petition within the prescribed period.
(3) The judgment or ruling entered upon retrial is evidently erroneous.
If a party further petitions for retrial after the people's court enters a judgment or ruling upon retrial based on the appeal or procuratorial recommendations, the people's court shall not docket the petition.
Article 118 For a case whose retrial is decided according to the trial supervision procedure, a ruling shall be entered to suspend the execution of the former judgment, ruling or consent judgment, unless the case is related to payment of survivor benefits, minimum living benefits, or social insurance benefits.
If a people's court at a higher level decides to conduct a retrial or appoints a subordinate people's court to do so, a ruling shall be entered, specifying the suspension of the enforcement of the former judgment; and in the case of emergency, the people's court responsible for enforcement, or the people's court entering the effective judgment or ruling may be notified, viva voce, of the ruling of suspension of enforcement, provided that the written ruling shall be sent within ten days after oral notification.
Article 119 For a case the retrial of which the people's court conducts according to the trial supervision procedure, if the judgment or ruling with legal effect is entered by the court of first instance, the trial shall be subject to the procedure at first instance, and parties may appeal the judgment or ruling entered; if the judgment or ruling with legal effect is entered by the court of second instance, the trial shall be subject to the procedure at second instance, and the judgment or ruling entered is with legal effect; and for a case the retrial of which the people's court at a higher level conducts according to the trial supervision procedure, the trial shall be subject to the procedure at second instance, and the judgment or ruling entered is with legal effect.
A people's court shall separately form a collegial bench for retrying a case.
Article 120 A people's court shall retry a case by centering on the claims in retrial and the legality of the alleged administrative action. If a claim in retrial of a party differs from that in the original trial but meets the conditions for filing another complaint, the party shall be notified that he/she may do so.
A people's court shall decide concurrently any claim in retrial raised by a respondent or any other party to the original trial before the end of the court debate and within the time limit for petition as specified in this Interpretation.
If a people's court discovers in the retrial that the effective judgment or ruling damages the national, social or public interests, or the lawful rights and interests of another person, it shall decide the damage concurrently.
Article 121 Under any of the following circumstances during a retrial, a ruling shall be entered to terminate the retrial procedure:
(1) The petitioner withdraws all the claims in retrial during the retrial, as permitted by the people's court.
(2) The petitioner refuses to appear in court without good reason upon service with summons, or withdraws from a court hearing without permission of the court, which is processed as if the petition for retrial have been withdrawn.
(3) The people's procuratorate withdraws its appeal.
(4) The retrial procedure shall be otherwise terminated.
Where a ruling to grant retrial is entered on the appeal of the people's procuratorate, and the party petitioning for the appeal falls under any of the circumstances as set out in the preceding paragraph and causes no damage to national, social or public interests, or the lawful rights and interests of another person, the people's court shall enter a ruling to terminate the retrial procedure.
The enforcement of the former effective judgment which the people's court has entered a ruling to suspend shall be automatically restored upon termination of the retrial procedure.
Article 122 Where a people's court retries a case and deems the former effective judgment or ruling erroneous, it shall reverse the judgment or ruling and may either adjudicate on the content of the judgment or ruling, or remit the case to the people's court entering the judgment or ruling for retrial.
Article 123 A people's court shall, when deciding an appeal or petition, dispose of any mistake made the court of original trial in docketing, not docketing or dismissing a complaint as follows:
(1) If the people's court of second instance deems that the complaint shall not be docketed after the people's court of first instance enters a judgment, the people's court of second instance shall reverse the judgment and may directly dismiss the complaint.
(2) If the people's court of second instance erroneously sustains the ruling of not docketing the complaint entered by the people's court of first instance, the retrial court shall reverse the rulings entered by the people's court of first instance and that of second instance and appoint the people's court of second instance to accept the complaint.
(3) If the people's court of second instance erroneously sustains the ruling of dismissal entered by the people's court of first instance, the retrial court shall reverse the rulings entered by the people's court of first instance and that of second instance and appoint the people's court of second instance to decide the complaint.
Article 124 For a case with respect to which a people's procuratorate appeals, the people's court accepting the appeal shall enter a ruling of retrial within 30 days after receiving the written appeal; and under any of the circumstances set out in Article 91(2) and (3) of this Administrative Litigation Law, it may appoint a people's court at the next lower level for retrial, unless the case has been retried by the people's court at the next lower level.
If parties have reached a settlement when the people's court review the appeal materials, the people's court may propose that the people's procuratorate withdraw its appeal.
Article 125 For a case with respect to which a people's procuratorate appeals, the people's court shall notify the people's procuratorate, three days before commencement of the retrial, of assigning its employee to appear.
Article 126 A people's court shall form a collegial bench upon receipt of procuratorial recommendations of retrial, conduct a review within three months, and, if it discovers that the former judgment, ruling, or consent judgment is erroneous, making a retrial necessary, enter a ruling to permit retrial in accordance with Article 92 of the Administrative Litigation Law and notify the parties; or, if it decides not to permit retrial upon review, reply to the people's procuratorate in writing.
Article 127 Where a people's court decides a case the retrial of which a ruling has been entered to permit as a result of the appeal or procuratorial recommendations from the people's procuratorate, the people's court shall be subject to no ruling previously entered to dismiss the petition for retrial filed by any party.
VIII. Persons in Charge of Administrative Agencies Responding in Court
Article 128 As mentioned in paragraph 3, Article 3 of the Administrative Litigation Law, "person in charge of an administrative agency" means a person in charge of the administrative agency, either principal or deputy, or a person charged with special responsibilities.
If a person in charge of an administrative agency responds in court, the administrative agency may retain one or two litigation representatives in addition. If he/she is unable to appear in court, he/she shall authorize a relevant employee of the administrative agency to do so, instead of only authorizing a lawyer to do so.
Article 129 In a case involving significant public interests, generating enormous publicity, possibly leading to a mass event, or with respect to which the people's court proposes in writing that the person in charge of the administrative department appear in court, he/she shall do so.
The appearance of a person in charge of the administrative department complained against to respond to a complaint shall be specified in the part of the basic information of the parties and their litigation representatives and cause of complaint.
If a person in charge of an administrative agency cannot respond in court with good cause, the administrative agency shall submit a statement sealed by it, or signed by the principal person in charge of it, to the people's court.
If the administrative agency refuses to explain the reasons, the refusal shall be without the effect of preventing the trial of the complaint, and the people's court may offer judicial proposals to the supervisory authority or the administrative agency at the next higher level.
Article 130 As mentioned in paragraph 3, Article 3 of the Administrative Litigation Law, "relevant employee of the administrative agency" means an employee on the national administrative staffing, or any other employee fulfilling their duties in accordance with the law, of an administrative agency.
If a local people's government takes the alleged administrative action, any employee of the legal affairs department of the local people's government, or any employee of the specific department taking the administrative action, may be deemed as the relevant employee of the people's government complained against.
Article 131 Where a person in charge of an administrative agency responds in court, the administrative agency shall submit to the people's court materials sufficient to prove the post of the person.
If an administrative agency authorizes a relevant employee to respond in court, it shall submit a power of attorney sealed by it to the people's court and specify the name, post and authority of the employee.
Article 132 Where neither the person in charge of an administrative agency nor a relevant employee thereof appears in court, and only a lawyer is authorized to do so, or where the people's court proposes in writing that the person in charge of the administrative agency respond in court, and the person fails to do so, the people's court shall place on record and specify in the adjudicatory instruments the failure to respond in court and may propose that the relevant agency conduct disposition according to the law.
IX. Reconsideration Agency as Co-Defendant
Article 133 As mentioned in paragraph 2, Article 26 of the Administrative Litigation Law, "reconsideration agency's decision sustains the original administrative action" includes the reconsideration agency's dismissal of a reconsideration application or a reconsideration claim, except for dismissal of a reconsideration application on the ground that the conditions for acceptance are not met.
Article 134 Where the reconsideration agency's decision sustains the original administrative action, the administrative agency taking the original administrative action and the reconsideration agency shall be co-defendants. If the plaintiff only files a complaint against the administrative agency taking the original administrative action or the reconsideration agency, the people's court shall notify the defendant of adding the other defendant. If the plaintiff disagrees to add the other defendant, the people's court shall list the other agency as a co-defendant.
If a reconsideration agency's decision sustains part of the original administrative action and changes, or grants no acceptance of the application with respect to, the other part thereof, the administrative agency taking the original action and the reconsideration agency shall be co-defendants.
If a reconsideration agency is co-defendant, the hierarchical jurisdiction over the case shall be determined according to the administrative agency taking the original administrative action.
Article 135 Where a reconsideration agency's decision sustains the original administrative action, the people's court shall review the legality of the original administrative action and that of the reconsideration decision concurrently.
If the administrative agency taking the original administrative action and the reconsideration agency jointly bear the burden of proof of the legality of the original administrative action, either agency may adduce evidence. The reconsideration agency shall bear the burden of proof of the legality of the reconsideration decision.
In a case in which a reconsideration agency is co-defendant, the evidence collected or supplemented by the reconsideration agency in the reconsideration procedure in accordance with the law may be used by the people's court as a basis to recognize the legality of the reconsideration decision and the original administrative action.
Article 136 A people's court shall enter a judgment with respect to the original administrative action and the reconsideration decision concurrently.
If a people's court, on its own motion, adds the administrative agency taking the original action, or the reconsideration agency, as co-defendant, it may enter a corresponding judgment with respect to the original administrative action or the reconsideration decision.
If a people's court enters a judgment to revoke the original administrative action and the reconsideration decision, it may, in the judgment, require the administrative agency taking the original administrative action to take another administrative action.
If a people's court enters a judgment to require the administrative agency taking the original administrative action to discharge its statutory duties or its payment obligation, it shall, also in the judgment, revoke the reconsideration decision.
If the original administrative action is legal but the reconsideration decision is illegal, the people's court may enter a judgment to revoke, or recognize the illegality of, the reconsideration decision, and to dismiss the plaintiff's claims against the original administrative action.
The administrative agency taking the original administrative action shall be liable for any damage caused to the plaintiff by the original administrative action revoked, or recognized as an illegal or invalid one; and the reconsideration agency shall be liable for any aggravation of the damage caused by its reconsideration decision.
If a reconsideration agency decides to sustain an original administrative action that does not meet the scope of cases acceptable for reconsideration or litigation or any other acceptance conditions, the people's court shall enter a ruling to dismiss the complaint against the original administrative action and the reconsideration decision concurrently.
X. Concurrent Trial of Relevant Civil Disputes
Article 137 A citizen, a legal person, or any other organization shall request concurrent trial of any relevant civil dispute as set out in Article 61 of the Administrative Litigation Law before trial in court at first instance; or, with a good reason, may do so during the investigative stage of the court session.
Article 138 Where a people's court decides to concurrently try any relevant civil dispute in administrative litigation, or where the parties to a case unanimously agree to concurrently settle any relevant civil dispute in administrative litigation, and the people's court grants permission, the people's court accepting the administrative case shall have jurisdiction.
If a citizen, a legal person, or any other organization requests concurrent trial of any relevant civil dispute, and the people's court discovers upon review that statutory time limitation for filing a complaint has accrued against the administrative case and that the civil case has not been docketed, parties shall be notified of separately filing a civil action; and if a civil case has been docketed, the docketing adjudicative organization shall proceed with the trial.
If a people's court discovers in the trial of an administrative case that a civil dispute is the basis to settle the administrative dispute, but no party requests the people's court to concurrently try the relevant civil dispute, the people's court shall notify parties of applying according to the law for concurrent settlement of the civil dispute. If a separate civil action over the civil dispute brought by any party has been docketed, the people's court shall suspend the trial of the administrative complaint. The time period of settlement of a civil dispute shall not be counted in the time period of trial of the administrative complaint.
Article 139 Under any of the following circumstances, a people's court shall decide not to permit concurrent trial of a civil dispute and notify parties that they may assert rights through other channels according to the law:
(1) The law requires the administrative agency to conduct disposition first.
(2) The provisions of the Civil Procedure Law on exclusive jurisdiction or an agreement on consent jurisdiction is violated.
(3) Arbitration is agreed, or a civil action has been brought.
(4) The concurrent trial of a civil dispute is otherwise inappropriate.
An application for reconsideration of the decision not to grant permission may be filed once only.
Article 140 Where a people's court concurrently tries any relevant civil dispute in administrative litigation, the civil dispute shall be docketed separately but tried by the same adjudicative organization.
If a people's court tries a case relating to the ruling over a civil dispute entered by an administrative agency and, concurrently, the civil dispute, the people's court shall not separately docket the civil dispute.
Article 141 A people's court shall concurrently try any relevant civil dispute subject to the relevant provisions of civil legislation, except as otherwise provided by the law.
A party's disposition of its civil rights and interests over the course of mediation shall not serve as a basis for the review of the legality of the alleged administrative action.
Article 142 An administrative dispute and a civil dispute shall be adjudicated separately.
If a party appeals only an administrative adjudication, or a civil adjudication, the adjudication not appealed shall produce legal effect upon expiry of the time limit for appeal. The people's court of first instance shall transfer all the case files to the people's court of second instance for trial by the administrative tribunal. If the people's court of second instance finds that the effective adjudication not appealed is erroneous, retrial shall be conducted under the trial supervision procedure.
Article 143 Where a plaintiff in administrative litigation applies for withdrawal of the complaint before a judgment is pronounced, the people's court shall enter a ruling and decide whether or not to grant permission. If the people's court permits the withdrawal, but the plaintiff does not withdraw the action already brought for concurrent trial of the relevant civil dispute, the people's court shall proceed with the trial.
Article 144 In the case of concurrent trial of any relevant dispute, a people's court shall collect court costs respectively according to the fee rates for administrative cases and civil cases.
XI. Concurrent Review of Regulatory Documents
Article 145 Where a citizen, a legal person, or any other organization files a complaint against an administrative action and concurrently requests a review of the regulatory document as the basis thereof, the court having jurisdiction over the administrative action case shall conduct a concurrent review.
Article 146 A citizen, a legal person, or any other organization shall request the people's court to concurrently review a regulatory document as mentioned in Article 53 of the Administrative Litigation Law before trial in court at first instance; or, with good reason, may do so during the investigative stage of the court session.
Article 147 Where a people's court discovers upon review of a regulatory document that it is possibly illegal, the people's court shall hear the opinions of the authority developing the regulatory document.
If the developing authority applies for stating its opinions in court, the people's court shall grant permission.
If the administrative agency fails to either state its opinions or provide relevant supporting documents, the failure shall be insufficient to prevent the people's court from reviewing the regulatory document.
Article 148 A people's court may concurrently review a regulatory document in such aspects as whether the authority developed the regulatory document beyond authority or in violation of the statutory procedure, the provisions based on, or relating to, which the administrative action was taken.
Under any of the following circumstances, "any regulatory document... is illegal," as mentioned in Article 64 of the Administrative Litigation Law:
(1) Outside the statutory remit of the developing authority, or beyond the authorization by the law, regulations or rules.
(2) Contravening the provisions of any law, regulations, rules, or any other superordinate law.
(3) Without a basis in any law, regulations or rules, illegally increasing any obligation, or derogating from the lawful rights and interests, of any citizen, legal person, or any other organization.
(4) Failing to comply with the statutory approval procedure or the public issuance procedure, or seriously violating the development procedure.
(5) Otherwise violating the law, regulations or rules.
Article 149 Where a people's court deems upon review a regulatory document on which an administrative action is based to be legal, it shall serve as the basis to determine the legality of the administrative action; and a regulatory document determined to be illegal as reviewed shall not serve as such a basis, which shall be explained in the adjudicative grounds. A people's court entering an effective adjudication shall provide the authority developing the regulatory document with disposition recommendations, and may send copies to the people's government at the level corresponding to that of the developing authority, the administrative agency at the next higher level, the supervisory authority, and the recordation authority of the regulatory document.
If a regulatory document is illegal, the people's court may, within three months from the date when the adjudication takes effect, provide the authority developing the regulatory document with judicial proposals for amendment or repeal of the regulatory document.
If a regulatory document is jointly developed by several authorities, the people's court may send judicial proposals to the principal authority developing the regulatory document, or the common administrative agency at the next higher level.
An administrative agency receiving judicial proposals shall make a written reply within 60 days from the date of receipt of the judicial proposals. In the case of emergency, the people's court may propose that the developing authority, or the administrative agency at the next higher level, forthwith cease to execute the regulatory document.
Article 150 Where a people's court deems a regulatory document illegal, it shall file the adjudication upon its taking effect with the people's court at the next higher level for recordation. In relation to a regulatory document developed by a department of the State Council or a provincial administrative agency, the judicial proposals shall also be escalated to the higher people's court and the Supreme People's Court for recordation.
Article 151 Where the president of a people's court at any level discovers that any effective judgment or ruling of the court erroneously determines the legality of a regulatory document and deems a retrial necessary, he/she shall make a referral to the judicial committee for discussion.
If the Supreme People's Court discovers that any effective judgment or ruling of the local people's court at any level erroneously determines the legality of a regulatory document, or if a superior people's court discovers that any effective judgment or ruling of its subordinate people's court erroneously determines the legality of a regulatory document, the Supreme People's Court or the superior people's court shall have the right to conduct a retrial or to appoint the subordinate people's court to do so.
XII. Enforcement and Execution
Article 152 Where an obligated party refuses to comply with an administrative judgment, administrative ruling, administrative compensation judgment, or administrative consent judgment with legal effect, the opposing party may apply to the people's court according to the law for enforcement.
If a people's court enters a judgment that the administrative agency discharge administrative compensation, administrative reimbursement, or any other administrative payment obligation, but the administrative agency refuses to do so, the opposing party may apply to the people's court according to the law for enforcement.
Article 153 The time limit for application for enforcement shall be two years. The suspension and interruption of the prescription shall be governed by the relevant provisions of the law.
The time limit shall be counted from the last day of the time period of discharge as provided in the legal instrument; if the legal instrument provides for discharge in installments, the time limit shall be counted from the last day of the time period of each discharge as provided; or if the legal instrument is silent on the time period for discharge, the time limit shall be counted from the day of serving the legal instrument upon parties.
A people's court shall not accept any application filed upon the expiry of the time limit, except with good reason.
Article 154 An administrative judgment, administrative ruling, administrative compensation judgment, or administrative consent judgment with legal effect shall be enforced by the people's court for first instance.
If the people's court of first instance deems the circumstances particular and it necessary for the people's court of second instance to conduct the enforcement, it may report to the people's court of second instance for enforcement; and the people's court of second instance may decide either to conduct the enforcement itself, or have the people's court of first instance do so.
Article 155 An administrative agency applying for executing its administrative action under Article 97 of the Administrative Litigation Law shall meet the following conditions:
(1) The administrative action may be executed by a people's court as legally required.
(2) The administrative action has taken effect and possesses content susceptible of execution.
(3) The applicant is an administrative agency taking the administrative action, or an organization as authorized by the law, regulations, or rules.
(4) The respondent is the obligated party determined by the administrative action.
(5) The respondent fails to discharge the obligation within the time limit as determined by the administrative action, or the time limit of request by the administrative agency.
(6) The applicant files the application within the statutory time limit.
(7) The administrative case under the application for execution is subject to the jurisdiction of the people's court accepting the application.
An administrative agency applying to a people's court for execution shall submit the relevant materials as provided in Article 55 of the Administrative Compulsion Law.
If the application meets conditions, the people's court shall grant acceptance and docket the application, within five days, and notify the applicant; otherwise, it shall enter a ruling not to grant acceptance. If the administrative agency has any objection to the ruling and applies to the people's court at the next higher level within 15 days for reconsideration, the people's court at the next higher level shall enter a ruling within 15 days after receiving the application.
Article 156 An administrative agency without the power of enforcement shall apply to a people's court, within three months from the expiry of the statutory time limitation for the party subject to enforcement proceedings to file a complaint, for enforcement of its administrative action. A people's court shall not accept any application filed upon the expiry of the period, except with good reason.
Article 157 Where an administrative agency applies to a people's court for enforcement of its administrative action, the low-level people's court in the place where the applicant is located shall grant acceptance; if real property is subject to enforcement, the low-level people's court in the place where the real property is located shall grant acceptance.
If a low-level people's court deems the enforcement difficult, it may report to its superior people's court for enforcement; and the superior people's court may decide either to conduct the enforcement itself, or have its subordinate people's court to do so.
Article 158 After an administrative agency has entered a ruling over a civil dispute between equal parties, if no party files a complaint or comply within the statutory time limit, and the administrative agency fails to apply to a people's court for enforcement within the time limit for doing so, the right holder as determined in the effective ruling, or the heir or successor to the rights thereof, may apply to a people's court within six months for enforcement.
A citizen, legal person or any other organization enjoying any right shall apply to a people's court for enforcement of an effective administrative ruling, mutatis mutandis, according to the provisions that an administrative agency applies to a people's court for enforcement of its administrative action.
Article 159 Where a right holder determined by an administrative agency or administrative action deems with good reason before applying to a people's court for enforcement that the party subject to execution may evade the execution, the right holder may apply to a people's court for taking measures for property preservation. If the right holder applies for enforcement, the right holder shall provide corresponding property as security.
Article 160 A people's court shall, within seven days after accepting the application of an administrative agency for execution of its administrative action, have its administrative tribunal review the legality of the administrative action and enter a ruling as to whether to permit the execution.
If the people's court discovers before entering a ruling that the administrative action is conspicuously illegal and injurious to the lawful rights and interests of the party subject to execution, it shall hear the opinions of the party and the administrative agency and, within 30 days from the date of acceptance, enter a ruling as to whether to permit execution.
If necessary, the body of the court responsible for enforcement of non-litigation administrative action shall take enforcement measures.
Article 161 Where an administrative action under the application of execution falls under any of the following circumstances, the people's court shall enter a ruling not to permit execution.
(1) The party taking the administrative action does not qualify as an administrative agency.
(2) Conspicuously lacking in factual basis.
(3) Conspicuously lacking in basis in law or regulation.
(4) Otherwise conspicuously illegal and injurious to the lawful rights and interests of the party subject to execution.
If the administrative agency has any objection to the ruling and applies to the people's court at the next higher level within 15 days for reconsideration, the people's court at the next higher level shall enter a ruling within 30 days after receiving the application.
XIII. Supplemental Provisions
Article 162 Where a citizen, a legal person or any other organization files a complaint against an administrative action taken before May 1, 2015 for recognition of its nullity, the people's court shall not docket the complaint.
Article 163 This Interpretation shall come into force on February 8, 2018.
Thereupon, the Interpretation of the Supreme People's Court on Several Issues concerning the Implementation of the Administrative Litigation Law of the People's Republic of China (No. 8 [2000], Supreme People's Court) and the Interpretation of the Supreme People's Court on Several Issues concerning the Application of the Administrative Litigation Law of the People's Republic of China (No. 9 [2015], Supreme People's Court) shall be repealed. If the judicial interpretations previously issued by the Supreme People's Court are inconsistent with this Interpretation, such judicial interpretations shall no longer apply.