法律法规Law of the People's Republic of China on Administrative Proceedings
Order of the President No. 16
April 4, 1989
Passed on April 4, 1989 by the 2nd Session of the 7th National People'sCongress
Law of the People's Republic of China on Administrative Proceedings have beenpromulgated on April 4, 1989 by the 2nd Session of the 7th National People'sCongress and will come into effect as of October 1, 1990.
President: Yang Shangkun
Contents
Chapter I General Provisions
Chapter II Scope of Cases Which May Be Accepted
Chapter III Jurisdiction
Chapter IV Parties
Chapter V Evidence
Chapter VI Institutions and Acceptance of Proceedings
Chapter VII Trial and Adjudication
Chapter VIII Enforcement
Chapter IX Tortious Liability
Chapter X Foreign-related Administrative Proceedings
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted on the basis of the Constitutionin order to ensure the proper and timely hearing of administrative cases byPeople's Courts, to protect the lawful interests of citizens and legal personsand other organizations and to safeguard and supervise the exercise of functionsaccording to the law by administrative authorities.Article 2 Where citizensand legal persons or other organizations which consider that
specific acts of administrative authorities or their personnel have infringedtheir lawful interests, they shall have the right to institute proceedings inthe People's Court.Article 3 People's Courts shall exercise independentlyand according to the law their power to hear and adjudicate administrativecases and shall be free from interference by administrative authorities, socialorganizations and individuals.
People's Courts shall establish administrative tribunals to hear administrativecases.Article 4 People's Courts shall hear administrativecases based on the facts of such cases and in accordance with the law.Article5 In hearing administrative cases, People's Courts shall investigate thelawfulness of specific administrative acts.Article 6 In hearingadministrative cases, People's Courts shall implement according to the law acollegiate system, a challenge system, a system of public hearings and atwo-tier system.Article 7 Parties to administrative proceedings shallbe equal before the law.Article 8 citizens of all ethnic groups shall have theright to bring administrative claims in the language and script of their ownethnic group.
People's Courts in regions which are inhabited by ethnic minorities or whichare inhabited by more than one ethnic group shall hear and adjudicate cases andissue legal documents in the languages and scripts in common use by the localethnic groups.
People's Courts shall provide translations for those litigants who do not havea good command of the languages and scripts in common use by local ethnicgroups.Article 9 Parties shall have the right to argue theircases during administrative proceedings.Article 10 People'sProcuratorates shall have the right to exercise legal supervision overadministrative proceedings.Chapter II Scope ofCases Which May Be Accepted
Article 11 People's Courts shall hear suits brought bycitizens who, and legal persons or other organizations which are dissatisfiedwith the following specific administrative acts (; namely, those who):
1. are dissatisfied with an administrative sanction such as detention,imposition of a fine, revocation of a permit or license, an order to suspendproduction or business activities or the confiscation of property;
2. are dissatisfied with an administrative order such as restriction ofpersonal freedom or sealing up, arresting or freezing property;
3. consider that an administrative authority has infringed their statutoryautonomy in carrying on business;
4. consider that they satisfy the legal requirements for applying to anadministrative authority for a permit or license but that their application hasbeen rejected or ignored by the administrative authority;
5. have requested an administrative organization to exercise its statutory dutyto protect personal rights and/or property rights but the administrativeauthority has refused to exercise such duty or ignored (the requires);
6. consider that an administrative authority has not allocated pensions to adisabled person or to the family of a deceased person according to the law;
7. consider a demand by an administrative authority to perform a certainobligation to be in breach of the law; or
8. consider that an administrative authority has infringed upon the personaland/or property rights of others.
In addition to the above provisions, People's Courts may hear otheradministrative cases as provided for by law.
Article 12 People's Courts shall not hear suits involving the followingmatters brought by citizens and legal persons or other organizations; namely:
1. State acts involving national defense or diplomacy;
2. administrative laws and regulations or universally binding decisions ororders formulated and promulgated by administrative authorities;
3. decisions of administrative authorities to reward, punish, appoint ordismiss personnel of administrative authorities; or
4. specific administrative acts for which the law provides that finaladjudication is to be conducted by administrative authorities.
Chapter III Jurisdiction
Article 13 Base-level People's Courts shall havejurisdiction as courts of first instance in administrative cases.Article14 Intermediate People's Courts shall have jurisdiction as courts of firstinstance in the following administrative cases:
1. cases concerning the confirmation of patents and cases handled by Customs;
2. proceedings instituted against specific administrative acts of anydepartment under the State Council or the People's Government of a province,Autonomous Region or Centrally Governed Municipality; and
3. major and complicated cases which arise in their area of jurisdiction.Article15 Higher People's Courts shall have jurisdiction as course of first instanceover major and complicated cases which arise in their area of jurisdiction.Article16 The Supreme People's Court shall have jurisdiction as courts of firstinstance over major and complicated cases arising throughout the country.Article17 Jurisdiction over administrative cases shall be exercised by the People'sCourt in the location of the administrative authority which first performed thespecific administrative act (from which the case arose). In cases which havebeen reviewed, where the original specific administrative act was altered bythe reviewing authority, jurisdiction over such cases may be exercised by thePeople's Court in the location of such reviewing authority.Article 18Jurisdiction over cases arising from dissatisfaction with administrative orderswhich restrict personal freedom shall be exercised by the People's Court in thelocation of the respondent or that of the applicant.
Article 19 Jurisdiction over administrative proceedings involving realproperty shall be exercised by the People's Court in the location of the realproperty.Article 20 Where two or more People's Courts havejurisdiction over a case, the applicant may insatiate proceedings in any one ofsuch People's Courts. Where the applicant institutes proceedings in two or morePeople's Courts with jurisdiction, the People's Court in which ordinary processare first filed shall have jurisdiction.Article 21 Where aPeople's Court discovers that a case which it has accepted does not fall withinits jurisdiction, such People's Court shall transfer the case to a People'sCourt which has jurisdiction over the case. People's Courts to which a case hasbeen transferred may not retransfer such case on their own authority.Article22 Where, due to special reasons, a People's Court which has jurisdictioncannot exercise such jurisdiction, jurisdiction shall be designated by a higherlevel People's Court.
A dispute between People's Courts over jurisdiction shall be resolved throughconsultation between parties to the dispute. Where the dispute cannot beresolved through consultation, such dispute shall be submitted to a People'sCourt which is senior to the parties to the dispute for directions as tojurisdiction.
Article 23 Higher level People's Courts shall have the power to adjudicateadministrative cases which are within the original jurisdiction of lower levelPeople's Courts. Higher level People's Courts may also transfer administrativecases within their original jurisdiction to lower level People's Courts foradjudication.
Where a lower level People's Court considers that an administrative case withinits original jurisdiction should be adjudicated by a higher level People'sCourt, the lower level People's Court may report the case to a higher levelPeople's Court for decision.Chapter IV Parties
Article 24 Plaintiffs shall be citizens and legal personsor other organizations which institute proceedings in accordance with this Law.
Where a citizen with the right to institute proceedings dies, his closerelatives may institute proceedings.
Where a legal person, or other organization, with the right to instituteproceedings is terminated, the legal person or other organization whichsucceeds to its rights may institute proceedings.
Article 25 Respondents shall be the administrative authorities whichperformed the specific administrative acts (which are the subject of theproceedings) where citizens and legal persons or other organizations directlyinstitute proceedings in People's Courts.
In cases which have been reviewed, where the authority which reviewed the casedecided to uphold the original decision, the respondent shall be theadministrative authority which performed the original specific administrativeact (on which the case is based). Where the authority which reviewed the caseorders the amendment of the original specific administrative act, therespondent shall be such authority.
Where two or more administrative authorities perform the same specificadministrative act, the administrative authorities which jointly performed thespecific administrative act shall be joined as respondents.
Where specific administrative acts are performed by organizations empoweredpursuant to laws or regulations, such organizations shall be the respondents.Where specific administrative acts are performed by organization entrusted byadministrative authorities, the administrative authorities which entrust suchorganizations shall be the respondents.
Where an administrative authority (involved in administrative proceedings) isdissolved, the administrative authority which continues to exercise theoriginal authority's functions shall be the respondent.Article 26Administrative cases arising from the same or similar specific administrativeact shall be deemed to be cases of joint litigation where one or both parties(to such cases) consist of two or more persons and the People's Court considersthat the cases can be joined.Article 27 Other citizens who, andlegal persons or other organizations which have an interest in the specificadministrative act against which proceedings are instituted may apply toparticipate in the proceedings as third parties or may be ordered by People'sCourts to participate in the proceedings.Article 28 Where acitizen has no capacity to institute proceedings, his statutory agents shallcommence proceedings on his behalf. Where such citizen's statutory agentsrefuse to act as agent, the People's Court shall designate one of the agents tocommence proceedings on behalf of the citizen.Article 29 Parties andstatutory agents may appoint one to two agents ad litem.
Lawyers, societies, close relatives of citizens instituting proceedings orindividuals recommended by the work unit of citizens instituting proceedingsand other citizens approved by the People's Court may be appointed as agents adlitem.Article 30 Lawyers acting as agents ad litem may gainaccess to any information relating to the case in question according toregulations and may investigate and take evidence from relevant organizationsand citizens. The confidentiality of state secrets and information on privateaffairs of individuals shall be maintained in accordance with the law.
Subject to permission by the People's Court, the parties and other agents adlitem may gain access to the court documents concerning the case in question,except for information on state secrets and private affairs of individuals.Chapter V Evidence
Article 31 Evidence shall be classified into the followingcategories:
1. documentary evidence;
2. physical evidence;
3. audio-visual materials;
4. testimony of witnesses;
5. statements of parties;
6. findings of experts; and
7. written inquest and court reports.
The above evidence must be examined and verified by the court before it can beadmitted.Article 32 A respondent shall bear the burden of proofin respect of its specific administrative act. Such respondent shall provideevidence of having performed such administrative act and the standard documentswhich it used as a basis for performing such specific administrative act.Article33 During the proceedings, the respondent may not collect evidence from theapplicant or the witness(es) on its own authority.Article 34 People'sCourts are empowered to request the parties to provide or supplement evidence.
People's Courts are empowered to investigate and to take evidence from therelevant administrative authorities and other organizations and citizens.Article35 Where, in the course of proceedings, People's Courts consider that certainspecial issues require expert examination, such issues shall be turned over tostatutory expert examination departments or, in the absence of statutory expertexamination departments, to expert examination departments designated byPeople's Courts, for expert examination.Article 36 Litigants mayapply to People's Courts for preservation of evidence in circumstances wheresuch evidence might otherwise be destroyed or difficult to collectsubsequently. People's Courts may also take the initiative in adoptingpreservation measures.Chapter VI Institution andAcceptance of Proceedings
Article 37 Citizens and legal persons and otherorganizations may first apply to the administrative authority at the nexthighest level or the administrative authority designated by laws or regulationsfor review of administrative cases which fall within the scope ofadministrative adjudication of People's Courts. If such citizens, legal personand other organizations are dissatisfied with the review, they may instituteproceedings with a People's Court, Alternatively, they may instituteproceedings directly with a People's Court.
Where laws and regulations provide that first review shall be conducted by anadministrative authority and that proceedings may be instituted with a People'sCourt if a party is dissatisfied with such review, (applications for judicialreview) shall be handled in accordance with such laws and regulations.Article38 Where citizens and legal persons or other organizations apply toadministrative authorities for review, such authorities shall make a decisionwithin two months from the date of receipt of such applications, except wherelaws and regulations provide otherwise.
Where applicants are dissatisfied with the reviewed decision, such applicantsmay, within 15 days after receiving the reviewed decision notice, instituteproceedings in the People's Court. Where authorities which accept applicationsfor review fail to make a decision within the specified period, applicants mayinstitute proceedings in the People's Court within15 days from the date of expiryof the term for review, except where the law provides otherwise.Article39 Citizens who and legal persons or other organizations which wish toinstitute proceedings directly with the People's Court shall do so within 3months from the date on which they learnt of the performance of the specificadministrative act in question, except where the law provides otherwise.Article40 Citizens and legal persons or other organizations which fail to meet thestipulated deadline due to reasons beyond their control or other specialcircumstances may, within 10 days upon alleviation of the impedingcircumstances, apply to the People's Court for an extension of the term. Suchapplication shall be decided by People's Courts.Article 41 Theinstitution of proceedings shall fulfill the following conditions:
1. the applicant shall be a citizen, legal person or other organization whichconsiders that a specific administrative act has infringed his lawfulinterests;
2. the respondent must be identifiable;
3. there shall be specific claims and factual bases for the action; and
4. the case shall fall within the scope of cases which may be heard by thePeople's Court and the (specific) jurisdiction of the People's Court whichaccepts and case.Article 42 People's Courts shall examine originatingprocess filed and decide within 7 days whether to accept or reject the case. Anapplicant who is dissatisfied with a ruling may lodge an appeal.Chapter VII Trial and Adjudication
Article 43 The People's Court (which accepts a case) shallsend a copy of the originating process to the respondent within 5 days from thedate on which the case is accepted. The respondent shall, within 10 days fromthe date of receiving the copy of the originating process, provide to thePeople's Court information relating to its performance of the administrativeact in question and submit a response. The People's Court shall send a copy ofthe response to the applicant within 5 days from the date of receiving theresponse.
Failure on the part of the respondent to submit a response shall not impede thetrial by the People's Court.Article 44 The implementation of specificadministrative acts shall not be suspended during proceedings, except in any ofthe following circumstances:
1. where the respondent considers that it is necessary to suspend the act;
2. where the applicant applies for suspension of the act and the People's Courtrules that such specific administrative act should be suspended because, in theopinion of the People's Court, the implementation would cause irreparablelosses and the suspension of the act would not harm the public interest; or
3. where a law or regulation provides for suspension of the act.Article45 People's Courts shall hear administrative cases in public, except wherestate secrets or private affairs of individuals are concerned and in caseswhere the law provides otherwise.Article 46 Where People's Courts hearadministrative cases, collegiate benches shall be formed by judges or by judgesand assessors. A collegiate bench shall consist of an odd number of persons,the minimum being three persons.Article 47 Where a party considers thatjudicial personnel have an interest in the case or are concerned with the casein any other way which might affect the impartiality of the trial, such partyshall have the right to request such personnel to withdraw (from the case).
Judicial personnel who consider themselves to have an interest in the case orare otherwise concerned with the case in question shall request theirwithdrawal.
The provisions of the preceding two paragraphs shall apply to clerks,translators, experts and investigators.
The withdrawal of the president of the court when acting as chief judge shallbe decided by a judicial commission. The withdrawal of judicial personnel shallbe decided by the president of the court. The withdrawal of other personnelshall be decided by the chief judge. A party who is dissatisfied with thedecision may apply for review.Article 48 If the applicant failswithout proper reason to appear in court after having been legally summonedtwice by the People's Court, he shall be deemed to have applied for withdrawalof the case. If respondent fails without proper reason to appear in court afterhaving been legally summoned twice by the People's Court, a default judgementmay be rendered against the respondent.Article 49 People'sCourts shall, depending on the seriousness of the case, admonish and order tosign an undertaking to repent, or fine in the amount of not more than RMB 1,000and detain for a period of not more than 15 days, litigants or other partieswho perform any of the following acts; where a criminal offense is constituted,criminal liability shall be investigated according to the law. (The acts are asfollows:)
1. delaying, refusing to perform or obstructing without reason an order of aPeople's Court to assist in implementation by persons who are obliged to assistin implementation (of such order);
2. forging, concealing or destructing evidence;
3. instigating perjury, bribery or coercing persons to commit perjury, usingthreats to force witnesses to testify or to prevent witnesses from testifying;
4. concealing, removing, selling or destructing sealed up, impounded or frozenproperty;
5. using force, threats or other means to obstruct personnel of the People'sCourt in the execution of their functions or disruption of order in thePeople's Court; or
6. insulting, slandering, falsely accusing, battering or retaliating againstpersonnel of the People's Court, litigants or persons assisting with implementation.
Imposition of fines and detention must be approved by the president of thePeople's Court. Dissatisfied parties may apply for judicial review.Article50 Mediation shall not be conducted in administrative cases heard by People'sCourts.Article 51 Where, before the People's Court pronouncesjudgement or gives a ruling, the applicant applies for withdrawal of the case,or the respondent alters its specific administrative act and the applicationagrees to such alteration and applies for withdrawal of the case, the People'sCourt shall rule on whether or not to approve such withdrawal.
Article 52 People's Courts shall try administrative cases in accordancewith laws, administrative regulations and regional legislation. Regionallegislation shall apply to administrative cases arising in the regionconcerned.
Where People's Courts try administrative cases in autonomous regions of ethnicgroups, they shall also refer to the autonomy regulations and specialregulations of the autonomous region of the ethnic group concerned.Article53 When hearing administrative cases, People's Courts shall refer to rules andregulations formulated and promulgated by ministries and commissions under theState Council pursuant to the law and administrative regulations, decisions andorders of the State Council and rules and regulations formulated andpromulgated by the People's Governments of the provinces, Autonomous Regionsand Centrally Governed Municipalities, the People's Governments of themunicipalities which are within the locality of provincial or AutonomousRegions People's Governments and the People's Governments of relatively largemunicipalities approved by the State Council, pursuant to the law andadministrative regulations of the State Council.
If a People's Court considers a set of rules or regulations formulated andpromulgated by a local People's Government to be inconsistent with a set ofrules or regulations formulated and promulgated by the State Council or if itconsiders that there is an inconsistency among rules and regulations formulatedand promulgated by the ministries and commissions under the State Council, theSupreme People's Court shall submit such rules and regulations to the StateCouncil for interpretation or a ruling.Article 54 People'sCourts shall, upon hearing a case, adjudicate as follows, depending on thecircumstances:
1. where the evidence in respect of a specific administrative act isconclusive, the correct law and regulations were applied and statutoryprocedures were followed, the People's Court shall order that such act beupheld;
2. the People's Court shall order that a specific administrative act be quashedor partially quashed, and the respondent may be ordered to perform anotherspecific administrative act, in any of the following cases:
(1) where the main evidence (in support of such act) is insufficient;
(2) where incorrect laws and regulations were applied;
(3) where statutory procedures were violated;
(4) where (such act) was performed in excess of authority; or
(5) where official powers were abused.
3. where the respondent fails to perform its statutory duties, the People'sCourt shall order that the respondent perform such duties within a specifiedperiod; or
4. where an administrative sanction is manifestly unfair, the People's Courtmay order that such sanction be altered.
Article 55 A respondent which has been ordered by the People's Court toperform another specific administrative act may not thereupon perform aspecific administrative act which is basically identical to the original one onthe basis of the same facts and reasons.
Article 56 Where a People's Court, in the course of hearing anadministrative case, considers that persons in charge of an administrativeauthority or persons of an administrative authority who are directlyresponsible have breached discipline, the People's Court shall transfer therelevant information to such administrative authority or to its next highestadministrative authority, or to the supervisory and/or personnel authority;where the court considers that such persons have committed a criminal offense,it shall transfer the relevant information to the public security and/or theprocuratorial authorise.Article 57 People's Courts shall adjudicate a case asa court of first instance within 3 months after accepting the case. Extensionof such period, if required because of special circumstances, shall be approvedby a Higher People's Court. Where a Higher People's Court requires an extensionof such period for a case which it is hearing as a court of first instance,such extension shall be approved by the Supreme People's Court.
Article 58 Parties who are dissatisfied with the judgement rendered byPeople's Courts as courts of first instance shall have the right to appeal tothe People's Courts at the next highest level within 15 days from the date ofservice of the judgement. Parties who are dissatisfied with rulings rendered byPeople's Courts as courts of first instance shall have the right to appeal tothe People's Court at the next highest level within 10 days from the date ofservice of the ruling. The judgements or rulings rendered by People's Courtsacting as courts of first instance shall take legal effect if no appeal hasbeen lodged on the expiry of the time limits (for appeal).Article 59 People'sCourts may try appeal cases on the basis of written submissions where theyconsider the facts to be clear.Article 60 People's Courts shalladjudicate appeal cases within 2 months from the date of receiving a letter ofappeal. An extension of such period, if required because of specialcircumstances, shall be approved by a Higher People's Courts. Where a HigherPeople's Courts require an extension of such time limit for an appeal casewhich it is hearing, such extension shall be approved by the Supreme People'sCourt.
Article 61 People's Courts shall handle appeal cases in the followingways, depending on the circumstances:
1. where the facts as found in the original judgement are clear and the correctlaws and regulations were applied, the People's Court shall order that theappeal be dismissed and the original judgment be upheld;
2. where the facts as found in the original judgment are clear but the wronglaws and regulations were applied, the People's Court shall amend the originaljudgment according to the law;
3. where the facts as found in the original judgment are not clear and theevidence is insufficient, or where the correct adjudication of the case mayhave been influenced by a violation of the statutory procedures, the People'sCourt shall rule that the original judgment be quashed and remand for retrialthe case to the People's Court which originally tried it. Parties may appealagainst judgments and rulings rendered in retried cases.Article 62 Aparty who considers that a judgment or ruling which has taken legal effectcontains a mistake may complain to the People's Court which originally triedthe case or the People's Court at the next highest level; however, theimplementation of the judgment or ruling shall not be suspended.Article63 Where the president of a People's Court discovers that a judgment or aruling which the People's Court rendered and which has taken legal effect iscontrary to laws and regulations and considers it necessary to retry the case,the president shall submit the case to the judicial committee to determinewhether or not the case should be retried.
Where a higher level People's Court discovers that a judgment or ruling of alower level People's Court which has taken legal effect is contrary to law, thehigher level People's Court is empowered to try the case or to order the lowerlevel People's Court to retry the cease.
Article 64 Where a People's Procuratorate discovers that a judgment orruling of a People's Court which has taken legal effect is contrary to law, thePeople's Procuratorate is entitled to lodge a protest pursuant to the procedurefor supervision of judgments.Chapter VIIIEnforcement
Article 65 Parties must perform judgments and rulings ofPeople's Courts which have become legally effective.
Where a citizen, a legal person or other organization refuses to perform ajudgment or ruling, the administrative authority may apply to a People's Courtat first instance for enforcement or enforce the judgment or ruling itself inaccordance with the law.
Where an administrative authority refuses to perform a judgment or a ruling, aPeople's Court at first instance may adopt the following measures:
1. (where the court rules that) fines shall be refunded or damages shall bepaid, the court may notify the relevant bank to transfer the sum from theaccount of the administrative authority in question;
2. (where the administrative authority) fails to perform the order or rulingwithin the prescribed time limit, a fine of fifty (50) to one hundred (100)yuan shall be imposed on the administrative authority in question;
3. submitting a legal suggestion to the next highest administrative authorityof the administrative authority in question or to the supervisory and/orpersonnel authorities; the authority accepting such legal suggestion shalldispose of the matter in accordance with relevant regulations and inform thePeople's Court of its actions;
4. (where the administrative authority) refuses to perform a judgment or aruling and where the circumstances are so serious as to constitute a criminaloffense, the criminal liability of the person in charge and the person(s)directly responsible shall be investigated according to the law.
Article 66 Where a citizen or a legal person or other organization neitherinstitutes proceedings in respect of a specific administrative act nor performssuch act within the statutory time limit, the administrative authority mayapply to a People's Court for enforcement or enforce the act itself accordingto the law.
Chapter IX Tortious Liability
Article 67 Where citizens and legal persons or otherorganizations suffer losses due to the violation of their lawful interests byspecific administrative acts of administrative authorities or by personnel ofadministrative authorities, such citizens and legal persons or otherorganizations shall have the right to claim damages.
Where citizens and legal persons or other organizations only claim damages, thematter shall first be resolved by the administrative authorities concerned.Where such citizens and legal persons or other organizations are dissatisfiedwith the disposition of the matte by the administrative authority, they mayinstitute proceedings with a People's Court.
Mediation may be conducted in proceedings for damages.Article 68 Where citizensand legal persons or other organizations suffer losses because their lawfulinterests have been infringed by specific administrative acts of administrativeauthorities or of personnel of administrative authorities, liability of damagesshall be borne by such administrative authorities or by the administrativeauthorities of such personnel.
After an administrative authority has paid damages, it shall order personnelwho intentionally (caused damage) or who were grossly negligent to indemnifypart or all of the damages (awarded by the court).Article 69 Damages shallbe paid from public funds at all levels. People's Courts at all levels mayorder responsible administrative authorities to pay part or all of damages.Specific procedures for such payment shall be prescribed by the State Council.Chapter X Foreign-related Administrative Proceedings
Article 70 This Law shall apply to administrativeproceedings conducted in the People's Republic of China by foreigners,stateless persons and foreign organizations, except where otherwise provided bylaw.Article 71 Foreigners, stateless persons and foreign organizationsconducting administrative proceedings in the People's Republic of China shallenjoy the same litigation rights and be subject to the same obligations ascitizens and organizations of the People's Republic of China.
Where a court of a foreign country restricts the administrative proceedingsrights of citizens and organizations of the People's Republic of China, thePeople's Court shall apply the principle of reciprocity to the administrativeproceedings rights of citizens and organizations of such country.Article72 In the case of a discrepancy between an international treaty which thePeople's Republic of China has concluded or acceded to and this Law, suchinternational treaty shall prevail, except for provisions of such treaty towhich the People's Republic of China has announced its reservations.Article73 Foreigners, stateless persons and foreign organizations conductingadministrative proceedings in the People's Republic of China who wish toappoint a lawyer as an agent ad litem shall appoint a lawyer from a lawyer'sorganization of the People's Republic of China.ChapterXI Supplementary Provisions
Article 74 People's Courts shall charge a litigation feefor hearing administrative cases. The litigation fee shall be borne by theparty who loses the lawsuit, or, if both parties are liable, by both parties.Specific procedures for charging litigation fees shall be prescribed separately.Article75 This Law shall take effect as of October 1, 1990.
