Chapter II Scope of Case Acceptance
Article 11
The people s courts shall accept actions initiated by citizens, legal persons or other organizations against any of the following specific administrative acts:
(1). refusing to accept such administrative penalties as detention, fine, revocation of a business license or permit, order of suspension of production or business or confiscation of property;
(2). refusing to accept such compulsory administrative measures as restriction of freedom of the person or the sealing up, seizure or freeze of property;
(3). deeming that an administrative organ has infringed upon its managerial decision-making powers authorized thereto by law;
(4). deeming that the application for issuance of a permit or license conforms to the provisions of laws but an administrative organ has refused to issue it or refused to make a reply therefor;
(5). having applied to an administrative organ to perform its statutory duty in protecting the rights of the person and of property but the administrative organ has refused to perform the duty or failed to make a reply therefor;
(6). deeming that an administrative organ has failed to distribute a pension thereto according to law;
(7). deeming that an administrative organ has demanded the performance of duties in violation of laws; and
(8). deeming that an administrative organ has infringed upon other rights of the person and of property.
Apart from the provisions of the preceding paragraph, the people s court shall also accept other administrative actions which may be initiated in accordance with the provisions of relevant laws and regulations.
Article 12
The people s courts shall not accept actions initiated by citizens, legal persons or other organizations concerning any of the following matters:
(1). State acts in areas like national defense and foreign affairs;
(2). administrative rules and regulations, or decisions and orders with general binding force formulated and promulgated by administrative organs;
(3). decisions made by an administrative organ concerning awards or punishment for its personnel or concerning the appointment or removal; or
(4). specific administrative acts that shall, as provided for by law, be finally decided by an administrative organ.
Chapter III Jurisdiction
Article 13
The grassroots people s courts shall have jurisdiction as courts of first instance over administrative cases.
Article 14
The intermediate people s courts shall have jurisdiction as courts of first instance over the following administrative cases:
(1). cases of confirming patent rights of invention and cases handled by the Customs;
(2). actions initiated against specific administrative acts taken by departments under the State Council or by the people s governments of provinces, autonomous regions or municipalities directly under the Central Government; and
(3). grave and complicated cases in areas under their jurisdiction.
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