(1). rule to uphold the specific administrative act if the evidence for taking the specific administrative act is conclusive, the application of the law and regulations is correct, and the legal procedure is complied with.
(2). rule to cancel or cancel partially the specific administrative act, or rule the defendant to make a new administrative act if the specific administrative act has been taken in one of the following circumstances:
1. found to be inadequate in essential evidence;
2. found that the application of the law or regulations is erroneous;
3. found to have violated the legal procedure;
4. found to have acted exceeding authority; or
5. found to have abused the powers.
(3). if a defendant fails to perform or delays the performance of its statutory duty, a fixed time shall be set by judgment for its performance of the duty.
(4). if an administrative penalty is obviously unfair, rule to make amendment.
Article 55
Where the people s court rules a defendant to take a new specific administrative act, the defendant may not, based on the same fact and reason, undertake a specific administrative act essentially identical with the original one.
Article 56
In trying administrative cases, if a people s court considers the head of an administrative organ or the person directly in charge to have violated administrative discipline, the court shall transfer the relevant materials to the administrative organ or the administrative organ at the next higher level or to a supervisory or personnel department; if a people s court considers that there exists a criminal act, it shall transfer the relevant materials to the public security and procuratorial organs.
Article 57
The people s court shall make a judgment of first instance within three months from the day of filing the case. If an extension of the time limit is necessary under special circumstances, it shall be approved by a higher people s court, if an extension of the time limit for trying a case of first instance by a higher people s court is needed, this shall be approved by the Supreme People s Court.
Article 58
If a party refuses to accept a judgment of first instance made by a people s court, the party shall have the right to file an appeal with the people s court at the next higher level within 15 days after the service of the written judgment. If a party refuses to accept a ruling of first instance made by a people s court, the party shall have the right to file an appeal with the people s court at the next higher level within 10 days after the service of the written ruling. All judgments and rulings of first instance made by the people s court that have not been appealed within the prescribed time limit shall be legally effective.
Article 59
A people s court may handle an appealed case by examining the court records if it considers the facts clearly ascertained.
Article 60
In handling an appealed case, a people s court shall make a final judgment within two months from the day of receiving the appeal. If an extension of the time limit is necessary under special circumstances, it shall be approved by a higher people s court, if an extension of the time limit for handling an appealed case by a higher people s court is necessary, this shall be approved by the Supreme People s Court.
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