ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLE S REPUBLIC OF CHINA
(Adopted on April 4, 1989)
Content
Chapter I General Provisions
Chapter II Scope of Case Acceptance
Chapter III Jurisdiction
Chapter IV Participants in Proceedings
Chapter V Evidence
Chapter VI Initiation of an Action and Acceptance of a Case
Chapter VII Trial and Judgment
Chapter VIII Execution
Chapter IX Compensation Liability for Infringement of Rights
Chapter X Administrative Procedure Involving Foreign Interests
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of safeguarding correct and timely trial of administrative cases, protecting the lawful rights and interests of citizens, legal persons and other organizations and ensuring and supervising the exercise of administrative power by administrative organs according to law, this Law is enacted in accordance with the Constitution.
Article 2
In case that a citizen, a legal persons or other organizations a concrete administrative action by an administrative organ or its personnel has infringed upon his or her or its lawful rights and interests, they shall have the right to initiate an action to a people s courts in accordance with this Law.
Article 3
The people s courts shall exercise judicial power independently over administrative cases, and shall not be subject to interference by any administrative organ, social organization or individual.
The people s courts shall set up administrative divisions to handle administrative cases.
Article 4
The people s court shall, in trying administrative cases, base themselves on facts and take the law as the criterion.
Article 5
The people s court shall, in handling an administrative cases, examine to determine whether or not the specific administrative act is legal.
Article 6
The people s court shall, in handling administrative cases, adopt, as prescribed by law, the systems of collegial panel, withdrawal and public trial and a system whereby the second instance is the final.
Article 7
Parties to an administrative case shall be equal before the law.
Article 8
Citizens of all nationalities shall have the right to use their native spoken and written languages in administrative proceedings.
In an area where people of a minority nationality live in concentrated communities or where a number of nationalities live together, the people s courts shall conduct the trial and issue legal documents in the language or languages commonly used by the local nationalities.
The people s courts shall provide interpretation for participants in proceedings who do not understand the language or languages commonly used by the local nationalities.
Article 9
Parties to an administrative action shall have the right to debate.
Article 10
The people s procuratorates shall have the right to exercise legal supervision over administrative proceedings.
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