PRC Administrative Procedure Law (Revised)

中华人民共和国行政诉讼法 (修订)

Administrative Procedure Law revised to facilitate the institution of legal actions against inappropriate government acts.

Clp Reference: 1400/14.11.01 Promulgated: 2014-11-01 Effective: 2015-05-01

Promulgated: November 1 2014

 

Effective: May 1 2015


Main contents:
This is the first time the Administrative Procedure Law has been amended since its formulation in 1989. The main amendments are the expansion of the scope of acceptance of administrative procedure case, demonstrated in:


(1) the specific enumeration of certain social rights other than personal rights and property rights, for example, social security rights and fair competition rights; and


(2) incorporating certain administrative contracts within the scope of acceptance of such cases (Article 12).


Furthermore, the Decision expressly mentions that courts are to ensure parties' right to institute actions, expands the qualifications for being a plaintiff (Article 25) and extends the period for the institution of actions (Articles 46, 47 and 48); proposes the timely resolution of administrative disputes, avoidance of procedural stagnation (Articles 51 and 52) and addition of a mediation system (Article 60); expressly states that where a reconsideration authority upholds an administrative act, it will be a co-defendant with the authority that is the author of the original administrative act (Article 26) and requires the officer in charge of the administrative authority to appear in court to respond to the action (Article 3); improves the jurisdiction system, providing that, subject to the approval of the Supreme People's Court, a higher people's court may, as actually required for its work, determine that a people's court has jurisdiction in a cross-administrative region administrative case (Article 18); and improves the forms of judgments, adding forms of judgments such as judgments confirming that an administrative act is illegal (Article 74) and judgments confirming that an administrative act is invalid (Article 75), genuinely strengthening courts' judicial powers.

clp reference:1400/14.11.01promulgated:2014-11-01effective:2015-05-01

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