Law Release [2018] No. 1

In order to correctly apply the Administrative Procedure Law of the People's Republic of China (hereinafter referred to as the Administrative Procedure Law), this interpretation is formulated in light of the actual work of the administrative trial of the people's Court.

Scope of accepting cases

Article 1 Where a citizen, a legal person or any other organization refuses to accept an administrative act of an administrative organ or its personnel and brings a lawsuit in accordance with law, the case shall fall within the scope of administrative litigation accepted by a people's court.

The following acts do not fall within the scope of accepting cases of administrative litigation in people's courts:

(1) Acts carried out by public security, state security and other organs in accordance with the explicit authorization of the Criminal Procedure Law;

(2) acts of conciliation and acts of arbitration as provided for by law;

(3) administrative guidance acts;

(4) rejecting the repeated handling of a party's appeal against an administrative act;

(5) Acts undertaken by administrative organs that do not produce external legal effects;

(6) Preparation, demonstration, research, reporting, consultation and other process acts carried out by administrative organs for the purpose of making administrative acts;

(7) An enforcement act made by an administrative organ in accordance with an effective judgment of a people's court or a notice of assistance in enforcement, except where the administrative organ expands the scope of enforcement or takes an illegal form of enforcement;

(8) The acts of listening to reports, inspecting law enforcement, and urging the performance of responsibilities made by the higher administrative organs to the lower administrative organs based on the internal hierarchical supervision relationship;

(9) the registration, acceptance, assignment, transfer, review, review and other acts of the administrative organ concerning the complaint reporting matters;

(10) Acts that do not actually affect the rights and obligations of citizens, legal persons or other organizations.

Article 2 "Acts of the State" as stipulated in Article 13, paragraph 1, of the Administrative Procedure Law refers to the acts concerning national defense and foreign affairs carried out by The State Council, the Central Military Commission, the Ministry of National Defense, the Ministry of Foreign Affairs, etc. in the name of the State in accordance with the authorization of the Constitution and laws, and the acts of the state organs authorized by the Constitution and laws to declare a state of emergency.

The "decisions and orders with general binding force" stipulated in Article 13, paragraph 2, of the Administrative Procedure Law refers to the regulatory documents issued by administrative organs for non-specific objects that can be applied repeatedly.

The "decisions on rewards and punishments, appointment and removal of the staff of administrative organs" provided for in Article 13, paragraph 3, of the Administrative Procedure Law refer to the decisions made by administrative organs involving the rights and obligations of the staff of administrative organs.

In Article 13, Paragraph 4 of the Administrative Procedure Law, the term "law" refers to the normative documents formulated and adopted by the National People's Congress and its Standing Committee.

Ii. Jurisdiction

Article 3 The administrative divisions of the people's courts at various levels shall try administrative cases and examine cases in which administrative organs apply for the execution of their administrative acts.

The special people's courts and people's tribunals do not try administrative cases, nor do they review and execute cases in which administrative organs apply for the execution of their administrative acts. In handling administrative cases, the railway transport court and other special people's courts shall implement the provisions of the second paragraph of Article 18 of the Administrative Procedure Law.

Article 4 After filing a case, the jurisdiction of the affected people's court shall not be affected by the change of the domicile of the party, the addition of the defendant, and other changes in the facts and legal status.

Article 5 Under any of the following circumstances, it belongs to the "major and complex cases within the jurisdiction" provided for in Article 15, paragraph 3 of the Administrative Procedure Law:

(1) Joint litigation cases with significant social impact;

(2) cases involving foreign interests or involving the Hong Kong Special Administrative Region, the Macao Special Administrative Region or the Taiwan region;

(3) Other major and complicated cases.

Article 6 Where a party considers that it is inappropriate for a basic people's court with jurisdiction to exercise jurisdiction or bring a suit to an Intermediate People's court in accordance with the provisions of Article 52 of the Administrative Procedure Law, the Intermediate People's court shall, according to different circumstances, make the following decisions within seven days:

(1) deciding to conduct the trial on its own;

(2) To designate other basic people's courts under their jurisdiction to exercise jurisdiction;

(3) To inform the parties in writing to bring a suit in a basic people's court with jurisdiction.

Article 7 Where a basic people's court considers that an administrative case under its jurisdiction of first instance needs to be tried by an intermediate people's court or designated for jurisdiction, it may report the case to the Intermediate People's court for decision. The intermediate People's court shall, according to different circumstances, make the following decisions within seven days:

(1) deciding to conduct the trial on its own;

(2) To designate other basic people's courts under their jurisdiction to exercise jurisdiction;

(3) To decide that the case shall be tried by the people's court that reports the case.

Article 8 The "place of the plaintiff" as provided for in Article 19 of the Administrative Procedure Law shall include the place of the plaintiff's household registration, his habitual residence and the place of restricted personal freedom.

Where an administrative organ, on the basis of the same fact, has taken both administrative compulsory measures restricting the personal freedom of a citizen and other administrative compulsory measures or administrative penalties, it shall be under the jurisdiction of the people's court in the place where the defendant or the plaintiff is located.

Article 9 "Administrative litigation brought by immovable property" as stipulated in Article 20 of the Administrative Procedure Law refers to litigation brought by administrative acts resulting in changes in the real right of immovable property.

If the immovable property has been registered, the place recorded in the immovable property register shall be the place where the immovable property is located; If the immovable property is not registered, the actual location of the immovable property shall be the location of the immovable property.

Article 10 After a people's court has accepted a case, if the defendant raises an objection to jurisdiction, he shall do so within 15 days from the date of receipt of a copy of the complaint.

The people's court shall examine the objection to jurisdiction raised by the party concerned. If the objection is established, the case shall be transferred to the people's court having jurisdiction; If the objection is not established, an order shall be made to reject it.

Where the people's court determines that it has jurisdiction after reviewing the objections to jurisdiction, it shall not alter jurisdiction due to the addition or alteration of litigation claims by the parties, except where the provisions on hierarchical jurisdiction or exclusive jurisdiction are violated.

Article 11 Under any of the following circumstances, the people's court shall not review the case:

(1) A party raises an objection to jurisdiction over a case remanded by a people's court for retrial or retrial according to the procedure of first instance;

(2) where a party fails to raise an objection to jurisdiction in the procedure of first instance in accordance with the time limit and form prescribed by law, and raises it in the procedure of second instance.

(3) Participants in the proceedings

Article 12 Under any of the following circumstances, it belongs to the "having an interest in an administrative act" as provided for in Article 25, paragraph 1 of the Administrative Procedure Law:

(1) The administrative act sued involves its right to neighbors or its right to fair competition;

(2) being added as a third party in administrative procedures such as administrative reconsideration;

(3) requiring the administrative organ to investigate the offender for legal responsibility according to law;

(4) Revocation or alteration of an administrative act involving its legitimate rights and interests;

(5) making a complaint to an administrative organ in order to safeguard its lawful rights and interests, and the administrative organ with the responsibility of handling the complaint has made or failed to make a complaint;

(6) Other circumstances having an interest in an administrative act.

Article 13 Where a creditor brings an administrative suit on the ground that the administrative act of an administrative organ against the debtor impairs the realization of the creditor's right, the people's court shall inform it to bring a civil suit in respect of a civil dispute, except where the administrative organ should be protected or taken into account in accordance with law when making the administrative act.

Article 14 The term "close relatives" as prescribed in the second paragraph of Article 25 of the Administrative Procedure Law shall include spouses, parents, children, brothers and sisters, grandparents, maternal grandparents, grandchildren, grandchildren and other relatives who have a relationship of maintenance and support.

If a citizen is unable to bring a suit because his personal freedom is restricted, his close relatives may, on his oral or written authorization, bring a suit in the name of the citizen. If a close relative is unable to contact the citizen whose personal freedom is restricted when he brings a lawsuit, the close relative may bring a lawsuit first and submit a certificate of entrustment in addition to the lawsuit.

Article 15 Where a partnership brings a lawsuit to a people's court, the name approved for registration shall be the plaintiff. All the partners of an individual partnership that has not registered and obtained a business license according to law shall be the co-plaintiffs; All the partners may elect representatives, and the elected representatives shall be issued by all the partners.

Where an individual business owner brings a suit in a people's court, the business operator registered on the business license shall be the plaintiff. Where there is a business name, the business name registered on the business license shall be the plaintiff, and the basic information of the business operator of the business name shall be indicated.

Article 16 Where the general meeting of shareholders, shareholders' meeting or board of directors of a joint-stock enterprise considers that an administrative act taken by an administrative organ infringes on the enterprise's right to operate, it may bring a suit in the name of the enterprise.

If the parties to an associated enterprise, Chinese-foreign joint venture or joint venture consider that the rights and interests of the joint venture, joint venture or joint venture or their own legitimate rights and interests have been infringed upon by an administrative act, they may bring a lawsuit in their own name.

Where a non-state-owned enterprise is deregistered, revoked, merged, forced to merge, sold, divided or changed in its subordination by an administrative organ, the enterprise or its legal representative may bring a lawsuit.

Article 17 Where the contributors or founders of non-profit legal persons such as public institutions, social organizations, foundations and social service organizations consider that an administrative act harms the lawful rights and interests of the legal person, they may bring a lawsuit in their own name.

Article 18 An owners' committee may institute a lawsuit in its own name against an administrative act taken by an administrative organ involving the common interests of the owners.

If the owners' committee does not bring a suit, the owners whose exclusive part accounts for more than half of the total area of the building or more than half of the total number of households may bring a suit.

Article 19 If a party refuses to accept an administrative act approved by an administrative organ at a higher level and brings a suit in a people's court, the defendant shall be the organ whose name is on the legally effective instrument.

Article 20 Where an administrative organ which has been established and entrusted with administrative functions but does not have the ability to bear legal responsibility independently conducts an administrative act in its own name, and the party concerned refuses to accept the suit, the administrative organ which established the said organ shall be the defendant.

Where a body, agency or other organization within an administrative organ authorized by laws, regulations or rules to exercise administrative functions and powers performs an administrative act beyond the scope authorized by law, and the party concerned refuses to accept the act and brings a lawsuit, the institution or organization that performed the act shall be the defendant.

In the absence of laws, regulations or rules, where an administrative organ authorizes its internal organs, dispatched organs or other organizations to exercise administrative functions and powers, it shall be the entrusting act provided for in Article 26 of the Administrative Procedure Law. If a party refuses to accept a lawsuit, the administrative organ shall be the defendant.

Article 21 If a party concerned refuses to accept an administrative act made by the administrative organ of the development zone established with the approval of The State Council or the people's government at the provincial level and brings a lawsuit, the administrative organ of the development zone shall be the defendant; If a lawsuit is brought against the administrative act made by the functional department of the administrative body of the development zone approved by The State Council or the people's government at the provincial level, the functional department shall be the defendant; If a lawsuit is filed against the administrative act made by the functional department of the administrative agency of the other development zone, the administrative agency of the development zone shall be the defendant; If the administrative organ of the development zone is not qualified as an administrative subject, the local people's government that established the organ shall be the defendant.

Article 22 The term "alteration of the original administrative act by the reconsideration organ" as prescribed in the second paragraph of Article 26 of the Administrative Procedure Law refers to the result of the alteration of the original administrative act by the reconsideration organ. Where the reconsideration organ alters the main facts and evidence identified in the original administrative act or changes the normative basis applied to the original administrative act, but does not change the result of the original administrative act, the reconsideration organ shall be deemed to maintain the original administrative act.

If the administrative body for reconsideration confirms that the original administrative act is invalid, the original administrative act shall be changed.

Where the administrative body for reconsideration confirms that the original administrative act is illegal, it constitutes a modification of the original administrative act, except where the administrative body for reconsideration confirms that the original administrative act is illegal on the ground of violating legal procedures.

Article 23 If an administrative organ is abolished or its functions and powers are changed, and there is no administrative organ that continues to exercise its functions and powers, the people's government to which it belongs shall be the defendant; Where vertical leadership is practised, the administrative organ at the next higher level under vertical leadership shall be the defendant.

Article 24 If a party concerned refuses to accept the villagers' committee or the residents' committee's performance of administrative duties in accordance with the authorization of laws, rules and regulations, and brings a lawsuit, the villagers' committee or the residents' committee shall be the defendant.

If a party concerned litigates against the conduct of the villagers committee or the residents committee entrusted by an administrative organ, the entrusted administrative organ shall be the defendant.

If a party litigates against an administrative act carried out by a institution of higher learning or other public institution or a trade association such as a bar association or a certified public accountant association in accordance with the authorization of laws, regulations or rules, the public institution or trade association shall be the defendant.

Where a party litigates against an institution of higher learning or other public institution or a trade association such as a bar association or a certified public accountants association for an act entrusted by an administrative organ, the entrusted administrative organ shall be the defendant.

Article 25 Where the housing expropriation department determined by the municipal or county-level people's government conducts an administrative act in the process of organizing the implementation of housing expropriation and compensation, and the expropriated party refuses to accept and brings a lawsuit, the housing expropriation department shall be the defendant.

Where the unit for the implementation of the expropriation is entrusted by the housing expropriation department and is engaged in the conduct within the scope of the entrustment, the expropriation department shall be the defendant.

Article 26 If the defendant sued by the plaintiff is not eligible, the people's court shall inform the plaintiff to change the defendant; If the plaintiff does not agree to the change, an order shall be made to reject the suit.

If the defendant should be added and the plaintiff does not agree to the addition, the people's court shall notify him to participate in the lawsuit as a third party, except where the administrative reconsideration organ is a co-defendant.

Article 27 If the parties who must conduct the proceedings together fail to participate in the proceedings, the people's court shall notify them to do so according to law; The parties may also apply to the people's court for participation.

The people's court shall examine the application made by the parties, and if the reasons for the application are not established, make an order to reject it; If the reasons for the application are established, the applicant shall be notified in writing to participate in the proceedings.

The term "joint litigation" mentioned in the preceding paragraph refers to the litigation where, in accordance with the provisions of Article 27 of the Administrative Procedure Law, there are two or more parties to an administrative dispute arising out of the same administrative act and the people's court must jointly try it.

Article 28 When a people's court adds additional parties to a joint lawsuit, it shall notify the other parties. If the plaintiff that should be added has expressly renounced its substantive rights, it may not be added; Those who are neither willing to participate in the proceedings nor give up their substantive rights shall be added to the third party, whose failure to participate in the proceedings shall not impede the people's court from hearing and adjudicating the case.

Article 29 The term "a large number of persons" as prescribed in Article 28 of the Administrative Procedure Law generally means more than ten persons.

According to Article 28 of the Administrative Procedure Law, if one of the parties has a large number of representatives, the parties shall elect representatives. If the parties cannot elect a representative, the people's court may appoint a representative from among the parties bringing a lawsuit.

The number of representatives provided for in Article 28 of the Administrative Procedure Law shall be two to five. The representative may appoint one or two persons as agents AD litem.

Article 30 If the same administrative act of an administrative organ involves two or more interested parties, and a part of the interested parties refuses to accept the administrative act and bring a suit, the people's court shall notify the other interested parties who have not brought a suit to participate in the suit as a third party.

A third party who has an interest in the outcome of the handling of an administrative case may apply to participate in the proceedings, or be notified by the people's court to participate in the proceedings. A third party whose obligations have been assumed or whose rights and interests have been reduced by a people's court has the right to lodge an appeal or apply for a retrial.

If a third party provided for in Article 29 of the Administrative Procedure Law does not participate in the proceedings due to a cause not attributable to him, but there is evidence to prove that the legally effective judgment, ruling or conciliation statement harms his lawful rights and interests, he may, in accordance with the provisions of Article 90 of the Administrative Procedure Law, within six months from the date on which he knew or should have known that his lawful rights and interests were harmed, Apply to the people's court at the next higher level for a retrial.

Article 31 When a party entrusts an agent AD litem, it shall submit to the people's court a power of attorney signed or sealed by the principal. The power of attorney shall specify the entrusted matters and the specific authority. Under special circumstances, if a citizen is unable to make a written entrustment, he may also have it written on his behalf and confirmed by means such as his own fingerprints. The people's court shall verify and record the entrustment in the volume; If the administrative organ under suit or any other organ obliged to assist refuses the people's court to verify with the citizen whose personal freedom is restricted, it shall be deemed to have been entrusted. If a party terminates or changes the entrustment, it shall report to the people's court in writing.

Article 32 In accordance with the provisions of Article 31, paragraph 2, paragraph 2, of the Administrative Procedure Law, an employee who has lawful labor relations with a party may act as an agent AD litem in the name of a party's staff member. To participate in litigation activities as a party's staff shall submit one of the following evidence to prove:

(1) social insurance payment record certificate;

(2) to receive wage vouchers;

(3) other evidence that can prove his identity as a staff member of the party concerned.

Article 33 In accordance with the provisions of Article 31, paragraph 2, paragraph 3, of the Administrative Procedure Law, where a relevant social organization recommends a citizen to act as an agent AD litem, the following conditions shall be met:

(1) A social organization is a non-profit legal person organization that has been registered or exempted from registration according to law;

(2) The principal is a member of the social group, or the domicile of one of the parties is located in the activity area of the social group;

(3) the agency affairs fall within the business scope specified in the constitution of the social organization;

(4) The recommended citizen is the person in charge of the social organization or a staff member with whom the social organization has legal labor relations.

Upon the recommendation of the All China Patent Agents Association, a patent agent may act as an agent AD litem in patent administrative cases.

Iv. Evidence

Article 34 In accordance with the provisions of Article 36, paragraph 1, of the Administrative Procedure Law, where the defendant applies for an extension of time to provide evidence, he shall, within 15 days from the date of receipt of a copy of the complaint, file a written application with the people's court. If the people's court grants an extension of time to provide evidence, the defendant shall provide evidence within 15 days after the just cause is eliminated. If the provision is delayed, it shall be deemed that there is no corresponding evidence for the accused administrative act.

Article 35 The plaintiff or the third party shall provide evidence before the hearing or on the date of exchange of evidence lists designated by the people's court. If an application is made for an extension of time to provide evidence due to legitimate reasons, it may be provided in the court investigation with the permission of the people's court. If he fails to provide evidence within the time limit, the people's court shall order him to state his reasons; If he refuses to give reasons or the reasons are not valid, he shall be deemed to have waived his right to provide evidence.

The people's court shall not accept the evidence provided in the proceedings of second instance by the plaintiff or a third party that has not been provided in the proceedings of first instance without due cause.

Article 36 A party applying for an extension of the time limit for evidencing shall file a written application with the people's court before the expiration of the time limit for evidencing.

If the reasons for the application are established, the people's court shall allow an appropriate extension of the time limit for providing evidence and notify the other parties. If the reasons for the application are not established, the people's court shall not grant permission and notify the applicant.

Article 37 In accordance with the provisions of Article 39 of the Administrative Procedure Law, the people's court may order the parties to provide or supplement relevant evidence if there is no dispute concerning the facts involving the interests of the state, the public interest or the legitimate rights and interests of others.

Article 38 For cases where the case is relatively complicated or the amount of evidence is relatively large, the people's court may organize the parties to present or exchange evidence to each other before the hearing of the case, and record the information on the list of evidence exchanged in the file.

The evidence that is not disputed by the parties in the process of pre-trial evidence exchange and recorded in the volume can be used as the basis for determining the facts of the case after the trial personnel explain it in the trial.

Article 39 If a party applies for investigation and collection of evidence, but the evidence has no connection with the facts to be proved, is meaningless to prove the facts to be proved, or is otherwise not necessary for investigation and collection, the people's court shall not allow it.

Article 40 Before a witness appears in court to give testimony, the people's court shall inform him of his obligation to give truthful testimony and the legal consequences of perjury.

The necessary expenses of transportation, accommodation, dining and other expenses incurred by the witness as a result of his obligation to testify in court, as well as the loss of missing work, shall be borne by the losing party.

Article 41 Under any of the following circumstances, where the plaintiff or a third party requests the relevant administrative law enforcement personnel to appear in court to explain, the people's court may grant permission:

(1) Having objections to the legality or authenticity of the on-the-spot record;

(2) Having objections to the type or quantity of the property seized;

(3) Having objections to the sampling or storage of the inspected articles;

(4) Having objections to the legality of the identity of administrative law enforcement personnel;

(5) Other circumstances that need to be explained in court.

Article 42 Evidence that can reflect the true circumstances of a case, is related to the facts to be proved, and its source and form conform to the provisions of the law shall be used as the basis for ascertaining the facts of a case.

Article 43 Under any of the following circumstances, it belongs to "evidence obtained by illegal means" as provided for in paragraph 3 of Article 43 of the Administrative Procedure Law:

(1) evidentiary materials collected in serious violation of legal procedures;

(2) evidentiary materials obtained by means that violate mandatory provisions of law and infringe upon the legitimate rights and interests of others;

(3) evidentiary materials obtained by means of inducement, fraud, coercion or violence.

Article 44 If a people's court deems it necessary, it may require the parties themselves or law enforcement officers of an administrative organ to appear in court and be questioned about the relevant facts of the case. You can ask them to sign a guarantee before asking.

The letter of guarantee shall state the true statement, and the willingness to accept punishment if there is false statement. The party concerned or the law enforcement officer of the administrative organ shall sign or stamp the guarantee.

If a party bearing the burden of proof refuses to appear in court, refuses to be questioned or refuses to sign a bond, and the facts to be proved are lacking other evidence to support them, the people's court shall not confirm the facts claimed by him.

Article 45 If the defendant has evidence to prove that he requested the plaintiff or a third party to provide evidence in the administrative procedure in accordance with the legal procedure, the plaintiff or the third party should provide evidence but fails to do so in accordance with the law, and the evidence provided in the litigation procedure shall generally not be accepted by the people's court.

Article 46 If the plaintiff or a third party does have evidence to prove that the evidence held by the defendant is favorable to the plaintiff or the third party, it may, before the hearing, apply in writing to the people's court to order the administrative organ to submit it.

If the reasons for the application are established, the people's court shall order the administrative organ to submit the evidence, and the expenses incurred in submitting the evidence shall be prepaid by the applicant. If the administrative organ refuses to submit the case without justifiable reasons, the people's court may assume that the facts asserted by the plaintiff or a third party based on the evidence are established.

If a party holding evidence destroys the relevant evidence or commits other acts that make the evidence unusable for the purpose of obstructing the other party's use of the evidence, the people's court may assume that the facts asserted by the other party on the basis of the evidence are established, and may handle the case in accordance with Article 59 of the Administrative Procedure Law.

Article 47 In accordance with the provisions of the second paragraph of Article 38 of the Administrative Procedure Law, in a case of administrative compensation or compensation, where the plaintiff is unable to prove the damage due to the reasons of the defendant, the defendant shall bear the burden of proof in respect of the damage.

Where the value of the loss claimed by the parties cannot be determined, the party with the burden of proof shall apply for appraisal, except where laws, regulations and rules provide that the administrative organ shall evaluate or appraise the loss according to law when taking an administrative act; If the party bearing the burden of proof refuses to apply for appraisal, it shall bear the adverse legal consequences.

Where the loss of a party cannot be identified for objective reasons, the people's court shall, in light of the claims of the party and the evidence on record, follow the professional ethics of judges, and use logical reasoning and life experience and common sense to determine the amount of compensation as appropriate.

5. Duration and delivery

Article 48 A period shall include the period prescribed by law and the period designated by the people's court.

The period is calculated in hours, days, months and years. The time and day at which a period begins shall not be counted in the period.

If the last day of the expiration of a period falls on a holiday, the first day after the holiday shall be the date on which the period expires.

The period does not include the transit time. If the litigation document is mailed before the expiration of the time limit, it shall be deemed to have been sent within the time limit.

Article 49 Where the time limit for filing a case stipulated in the second paragraph of Article 51 of the Administrative Procedure Law is due to the lack of content in the complaint or other errors, the plaintiff is notified of the correction within the time limit, and the time limit shall be counted from the day after the correction is submitted to the people's court. A case transferred by a higher people's court to a lower people's court for filing shall be counted from the day after the defendant's court receives the bill of complaint.

Article 50 The time limit for trial prescribed in Articles 81, 83 and 88 of the Administrative Procedure Law refers to the period from the date of filing the case to the date of the announcement of judgment and the service of the mediation statement, but the period of public announcement, the period of appraisal, the period of mediation, the period of suspension of proceedings, the period of hearing the objection to jurisdiction raised by the parties and the period of handling jurisdictional disputes between the people's courts shall not be counted.

Where a retrial case is tried in accordance with the procedures of first instance or second instance, the time limit for hearing prescribed in Articles 81 and 88 of the Administrative Procedure Law shall apply. The hearing period shall be counted from the day after the retrial is filed.

The basic people's court shall directly report to the higher people's court for approval and at the same time report to the intermediate People's Court for the record.

Article 51 The people's court may require the parties to sign a confirmation of the address for service, and the address for service confirmed by the parties shall be the address for service of the legal documents of the people's court.

If the parties agree to electronic service, they shall provide and confirm the fax number, E-mail address and other electronic service addresses.

If the address for service is changed, the party shall promptly notify the people's court accepting the case in writing; If the notification is not made in time, the people's court shall serve the service at the original address and shall be deemed to have served the service according to law.

The people's court may deliver the service by means of court Courier through the state postal agency.

Article 52 A people's court may directly serve litigation documents on a party outside the party's domicile. If the party refuses to sign the return certificate of service, the process of service shall be recorded by taking photos, video or other means and shall be deemed to have been served. The judicial personnel and the court clerk shall indicate the information of service and sign it on the return certificate of service.

6. Prosecution and acceptance

Article 53 The people's court shall file a case that meets the conditions for prosecution and protect the parties' exercise of litigation rights according to law.

For a lawsuit brought by a party in accordance with law, the people's court shall receive a bill of complaint in accordance with Article 51 of the Administrative Procedure Law. If it can judge that the conditions for prosecution are met, it shall be registered on the spot; If it is not possible to judge on the spot whether the conditions for prosecution are met, it shall decide whether to file a case within seven days after receiving the complaint; If a judgment cannot be made within seven days, a case shall be filed first.

Article 54 In accordance with the provisions of Article 49 of the Administrative Procedure Law, citizens, legal persons or other organizations shall submit the following prosecution materials when bringing a lawsuit:

(1) the plaintiff's identification materials and effective contact information;

(2) The materials for which the administrative act or omission is prosecuted;

(3) Materials in which the plaintiff has an interest in the administrative act accused;

(4) Other materials deemed necessary by the people's court.

Where a legal agent or an entrusted agent brings a suit on his behalf, the legal agent or the entrusted agent shall also be clearly stated in the complaint or, at the time of oral prosecution, explain to the people's court the basic information about the legal agent or the entrusted agent, and submit documents such as the identity certificate of the legal agent or the entrusted agent and the proof of the authority of the agency.

Article 55 In accordance with the provisions of Article 51 of the Administrative Procedure Law, the people's court shall examine whether the contents and materials of the complaint are complete and whether they meet the conditions for prosecution provided for in the Administrative Procedure Law.

If the contents or materials of the complaint are lacking, the people's court shall give guidance and clarification, and inform the parties in a comprehensive manner of the content, materials and time limit required for correction. Where corrections are made within the specified time limit and the conditions for prosecution are met, the case shall be registered and filed. If the party refuses to make corrections or fails to meet the requirements for prosecution after corrections, the complaint shall be returned and recorded; If the prosecution persists, an order shall be made not to file the case, and the reasons for not filing the case shall be stated.

Article 56 Where laws and regulations provide that an application for reconsideration shall be made first, and a citizen, legal person or other organization directly brings a suit without applying for reconsideration, the people's court shall rule that the case shall not be filed.

In accordance with the provisions of Article 45 of the Administrative Procedure Law, if the reconsideration organ does not accept the application for reconsideration or does not make a reconsideration decision within the statutory time limit, and the citizen, legal person or other organization refuses to accept the application and brings a lawsuit to the people's court according to law, the people's court shall file a case according to law.

Article 57 Laws and regulations do not provide that administrative reconsideration is the necessary procedure for bringing an administrative lawsuit, and where a citizen, legal person or other organization both brings a lawsuit and applies for administrative reconsideration, it shall be under the jurisdiction of the organ that filed the case first; If the case is filed at the same time, the citizen, legal person or other organization shall choose. If a citizen, a legal person or any other organization has applied for administrative reconsideration and brings a suit to a people's court within the statutory reconsideration period, the people's court shall rule that the case shall not be filed.

Article 58 Where the laws and regulations do not provide that administrative reconsideration is the necessary procedure for bringing an administrative lawsuit, and a citizen, legal person or other organization, after applying to the reconsideration organ for administrative reconsideration, agrees to withdraw the reconsideration application and brings a lawsuit against the original administrative act within the statutory time limit for bringing a lawsuit, the people's court shall file a case according to law.

Article 59 After a citizen, legal person or other organization applies to the reconsideration organ for administrative reconsideration, and the reconsideration organ makes a decision to maintain the decision, the reconsideration organ and the original acting organ shall be the co-defendants, and the time limit for filing a lawsuit shall be determined by the service time of the reconsideration decision.

Article 60 If, after the people's court has ruled that the plaintiff is allowed to withdraw the suit, the plaintiff makes a new suit based on the same facts and reasons, the people's court shall not file the case.

If there is a definite error in the ruling granting withdrawal of the suit, and the plaintiff applies for a retrial, the people's court shall, through the procedure of trial supervision, revoke the original ruling granting withdrawal of the suit and retry the case.

Article 61 Where the plaintiff or appellant fails to pay the case acceptance fee in advance within the prescribed time limit, nor does he file an application for deferment, reduction or exemption, or the application is not approved, the case shall be treated as automatic withdrawal. If the plaintiff or appellant brings a suit or appeals again within the statutory time limit after the case has been handled according to the withdrawal of the suit, and the problem of the payment of the litigation fees in advance is resolved according to law, the people's court shall file a case.

Article 62 Where a citizen, a legal person or any other organization, after a people's court has made a judgment revoking an administrative act of an administrative organ, brings a suit in a people's court against the new administrative act of an administrative organ, the people's court shall file a case according to law.

Article 63 Where an administrative organ fails to produce or serve a legal document when it performs an administrative act, and a citizen, a legal person or any other organization can prove the existence of the administrative act and bring a suit within the prescribed time limit, the people's court shall file a case according to law.

Article 64 Where an administrative organ fails to inform a citizen, a legal person or any other organization of the time limit for bringing a suit when it takes an administrative act, the time limit for bringing a suit shall be calculated from the date on which the citizen, a legal person or any other organization knows or should have known the time limit for bringing a suit, but the maximum time limit shall not exceed one year from the date on which it knows or should have known the contents of the administrative act.

Where the reconsideration decision fails to inform the citizen, legal person or other organization of the time limit for bringing a suit, the provisions of the preceding paragraph shall apply.

Article 65 If a citizen, a legal person or any other organization does not know the contents of an administrative act undertaken by an administrative organ, the time limit for bringing a suit shall be calculated from the date on which the citizen knows or should have known the contents of the administrative act, but the maximum time limit for bringing a suit shall not exceed the time limit provided for in paragraph 2 of Article 46 of the Administrative Procedure Law.

Article 66 If a citizen, legal person or other organization, in accordance with the provisions of paragraph 1 of Article 47 of the Administrative Procedure Law, brings a suit against an administrative organ for failing to perform its statutory duties, it shall do so within six months after the expiration of the time limit for the administrative organ to perform its statutory duties.

Article 67 Where the plaintiff provides the name of the defendant and other information sufficient to distinguish the defendant from other administrative organs, it may be identified as "having a clear defendant" as provided for in Article 49, paragraph 2, of the Administrative Procedure Law.

If the defendant's information listed in the complaint is insufficient to identify a clear defendant, the people's court may inform the plaintiff to make corrections; If the plaintiff still cannot identify a clear defendant after making the correction, the people's court shall order not to file the case.

Article 68 The term "specific claims" as provided for in Article 49, paragraph 3, of the Administrative Procedure Law means:

(1) Request for judgment to revoke or modify an administrative act;

(2) requesting the judgment administrative organ to perform a specific statutory duty or payment obligation;

(3) Request a judgment to confirm that an administrative act is illegal;

(4) Request a judgment to confirm the invalidity of an administrative act;

(5) to request the judgment administrative organ to make compensation or compensation;

(6) Request for settlement of administrative agreement disputes;

(7) Request to review the normative documents below the rules together;

(8) request a joint settlement of the relevant civil dispute;

(9) Other litigation claims.

Where a party brings an action for administrative compensation or compensation separately or together, there shall be specific compensation, items and amount of compensation; Requests to review the following normative documents together, shall provide a clear name of the document or review object; Where a relevant civil dispute is requested to be resolved together, there shall be a specific request for civil action.

If the parties fail to correctly express their claims, the people's court shall require them to clarify their claims.

Article 69 Under any of the following circumstances, where a case has been filed, a ruling shall be made to reject the prosecution:

(1) does not comply with the provisions of Article 49 of the Administrative Procedure Law;

(2) Exceeding the legal time limit for prosecution and without the circumstances provided for in Article 48 of the Administrative Procedure Law;

(3) wrongly listing the defendant and refusing to change it;

(4) failing, in accordance with the provisions of law, to employ a statutory agent, an appointed agent or a representative as an act of litigation;

(5) failing to first apply to the administrative organ for reconsideration in accordance with laws and regulations;

(6) repeated prosecution;

(7) resuming the prosecution without justifiable reasons after the prosecution has been withdrawn;

(8) An administrative act obviously has no actual impact on its legitimate rights and interests;

(9) where the subject matter of the action has been bound by an effective judgment or a conciliation statement;

(10) Other circumstances that do not meet the requirements for legal prosecution.

If the circumstances listed in the preceding paragraph can be corrected or corrected, the people's court shall order the correction or correction within a specified period of time; If it has been corrected or corrected within the specified period, it shall be tried according to law.

If the people's court, after reviewing the papers, investigating or questioning the parties, deems it unnecessary to hold a hearing, it may simply make an order to reject the lawsuit.

Article 70 If, after a copy of the bill of complaint has been served on the defendant, the plaintiff makes a new claim, the people's court shall not allow it, except where there are legitimate reasons.

Vii. Trial and judgment

Article 71 When a people's court tries a case in accordance with ordinary procedures, it shall summon the parties by summons three days before the hearing. Witnesses, expert witnesses, inspectors and interpreters shall be notified by notice of their appearance in court. If the parties or other participants in the proceedings are in other places, they shall leave the necessary travel time.

Article 72 A hearing may be postponed under any of the following circumstances:

(1) The parties and other participants in the proceedings who are due to appear in court fail to do so for justifiable reasons;

(2) A party temporarily applies for withdrawal and cannot make a decision in time;

(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, reappraise or investigate, or it is necessary to supplement investigation;

(4) Other circumstances that should be postponed.

Article 73 In accordance with the provisions of Article 27 of the Administrative Procedure Law, under any of the following circumstances, the people's court may decide to try the case jointly:

(1) Two or more administrative organs have respectively undertaken an administrative act concerning the same fact, and a citizen, a legal person or any other organization refuses to accept the action before the same people's court;

(2) where an administrative organ has separately taken an administrative act against several citizens, legal persons or other organizations in connection with the same fact, and if the citizens, legal persons or other organizations refuse to accept the act, they shall respectively bring suits before the same people's court;

(3) In the course of litigation, the defendant has undertaken a new administrative act against the plaintiff, and the plaintiff refuses to bring a suit before the same people's court;

(4) Other circumstances in which the people's court considers that the trial may be conducted jointly.

Article 74 When a party applies for withdrawal, it shall state the reasons and submit them at the beginning of the trial. If the cause of the withdrawal is known after the trial begins, it shall be raised before the end of the court argument.

The person who has been applied for withdrawal shall, before the people's court makes a decision on whether to withdraw, suspend his participation in the work of the case, except where the case requires urgent measures.

The people's court shall, within three days, make an oral or written decision on an application for withdrawal made by a party concerned. The court may, in accordance with law, reject an application submitted by a party that is obviously not a statutory cause of withdrawal.

If the applicant is not satisfied with the decision rejecting the withdrawal application, he may apply to the people's court that made the decision for reconsideration once. During the period of reconsideration, the person who has been recused shall not cease to participate in the work of the case. The people's court shall, within three days, make a reconsideration decision on the application for reconsideration and notify the applicant of the reconsideration.

Article 75 Judicial personnel who have participated in the trial of a case in one trial procedure may not participate in the trial of other procedures of the case.

Where a case remanded for retrial is entered into the procedure of second instance after the court of first instance has made a decision, the members of the collegial panel in the original procedure of second instance shall not be subject to the restrictions prescribed in the preceding paragraph.

Article 76 A people's court may, upon the application of the other party, order the preservation of its property, order the other party to perform a certain act or prohibit the other party from performing a certain act in a case where the act of a party or the effective judgment of a people's court may be impossible or difficult to perform due to the act of a party or for other reasons; If the parties do not file an application, the people's court may, when necessary, order the adoption of the above-mentioned preservation measures.

In taking preservation measures, the people's court may order the applicant to provide security; If the applicant fails to provide security, the application shall be rejected by an order.

After receiving the application, the people's court must make an order within 48 hours if the situation is urgent; Where an order is made to take preservation measures, the enforcement shall commence immediately.

If a party is not satisfied with the order on preservation, he may apply for reconsideration; The execution of the ruling shall not be suspended during the period of reconsideration.

Article 77 If an interested party fails to apply for preservation immediately due to urgent circumstances, which will cause irreparable damage to its lawful rights and interests, it may, before instituting an action, apply to the people's court at the place where the property to be preserved is located, at the place where the respondent has his domicile or at the people's court that has jurisdiction over the case for the adoption of preservation measures. The applicant shall provide security; if the applicant fails to provide security, the application shall be rejected by an order.

"After receiving an application, the people's court must make an order within 48 hours; Where an order is made to take preservation measures, the enforcement shall commence immediately.

If the applicant fails to bring an action in accordance with law within 30 days after the people's court takes the preservation measures, the people's court shall terminate the preservation.

If a party is not satisfied with the order on preservation, he may apply for reconsideration; The execution of the ruling shall not be suspended during the period of reconsideration.

Article 78 Preservation shall be limited to the scope of the claim or to property related to the case.

Property preservation shall be effected by sealing up, distraining, freezing or other means prescribed by law. After the people's court preserves the property, it shall immediately notify the person preserved.

If the property has been sealed up or frozen, it may not be sealed up or frozen again.

In a case involving property, where the defendant provides security, the people's court shall order the cancellation of the preservation.

If the application is wrong, the applicant shall compensate the loss suffered by the respondent for preservation.

Article 79 If the plaintiff or the appellant applies for withdrawal of a suit, and the people's court rules that the withdrawal is not permitted, or the plaintiff or the appellant refuses to appear in court without justifiable reasons after being summoned by summons, or withdraws midway without the permission of the court, the people's court may make a judgment by default.

If a third party, summoned by summons, refuses to appear in court without justifiable reasons, or withdraws midway without permission of the court, it shall not have the effect of preventing the trial of the case.

According to the provisions of Article 58 of the Administrative Procedure Law, if the defendant refuses to appear in court without proper reasons after being subpoenaed, or withdraws from the court without the permission of the court, the people's court may hold a hearing as scheduled or continue to hold a hearing, and after hearing the litigation claims of the parties present in court, the arguments of the parties, the evidence and other litigation materials already submitted, make a judgment by default according to law.

Article 80 If the plaintiff or appellant explicitly refuses to make a statement or refuses to make a statement in other ways during the trial, thus making the trial impossible, and still fails to make a statement after the court has clarified the legal consequences, it shall be deemed to have waived its right to make a statement, and it shall bear the adverse legal consequences.

In cases where a party applies for withdrawal of a lawsuit or the case can be handled according to law, if the party has violated the law and needs to be handled according to law, the people's court may not allow withdrawal of the lawsuit or handle the case according to withdrawal.

After the conclusion of the court debate, the people's court may grant the plaintiff's application for withdrawal of the suit, except where it involves the interests of the state and the public.

Article 81 If a defendant changes the administrative act against him during the period of first instance, he shall notify the people's court in writing.

If the plaintiff or a third party refuses to accept the changed administrative act and brings a lawsuit, the people's court shall try the changed administrative act.

Where the defendant changes the original illegal administrative act and the plaintiff still requests confirmation that the original administrative act is illegal, the people's court shall make a confirmation judgment according to law.

If the plaintiff brings a lawsuit against the defendant for omission, and the defendant performs an administrative act in the lawsuit, and the plaintiff does not withdraw the suit, the people's court shall make a confirmation judgment on the omission according to law.

Article 82 If the parties conspire in bad faith and attempt to infringe upon the interests of the State, the social public interests or the lawful rights and interests of others through litigation or other means, the people's court shall rule to reject the prosecution or make a judgment to reject the request, and impose a fine or detention in light of the seriousness of the circumstances; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 83 The fine and detention provided for in Article 59 of the Administrative Procedure Law may be applied separately or jointly.

A fine or detention for the same act impeding administrative proceedings shall not be applied continuously. If a new act obstructing administrative proceedings occurs, the people's court may impose a new fine or detain it.

Article 84 In trying an administrative case provided for in paragraph 1 of Article 60 of the Administrative Procedure Law, a people's court may, after obtaining the consent of both parties, conduct conciliation if it considers that the legal relationship is clear and the facts clear.

Article 85 If an agreement is reached through conciliation, the people's court shall prepare a conciliation statement. The conciliation statement shall clearly state the claims, the facts of the case and the results of the conciliation.

The conciliation statement shall be signed by the judicial personnel and the court clerk, affixed with the seal of the people's court, and served on both parties.

The conciliation statement shall have legal effect after it has been signed and received by both parties. The effective date of the conciliation statement shall be determined by the date on which it is signed and received by the parties who last received the conciliation statement.

Article 86 When the people's court tries an administrative case, the mediation process shall not be open to the public, except where the parties agree to open it.

With the permission of the people's court, a third party may participate in mediation. If the people's court deems it necessary, it may notify a third party to participate in mediation.

The content of the mediation agreement shall not be disclosed, except where the people's court deems it necessary to disclose it in order to protect the interests of the state, the public interest and the legitimate rights and interests of others.

If one or both parties are unwilling to mediate, or no agreement has been reached through mediation, the people's court shall make a judgment without delay.

If the parties, after reaching an agreement through conciliation or mediation on their own, request the people's court to make a written judgment in accordance with the contents of the settlement agreement or mediation agreement, the people's court shall not allow it.

Article 87 In the course of litigation, the litigation shall be suspended under any of the following circumstances:

(1) the plaintiff dies and must wait for his close relatives to indicate whether they will participate in the proceedings;

(2) The plaintiff has lost litigation capacity and has not yet appointed a legal representative;

(3) the administrative organ, legal person or other organization as a party terminates, and the successor to its rights and obligations has not yet been determined;

(4) A party is unable to participate in the proceedings due to force majeure;

(5) The case involves the application of law and needs to be referred to the competent authorities for explanation or confirmation;

(6) The trial of the case must be based on the outcome of the trial of the relevant civil, criminal or other administrative cases, and the relevant cases have not been concluded;

(7) Other circumstances under which the proceedings should be suspended.

The proceedings shall resume after the cause of suspension has been eliminated.

Article 88 The litigation shall be terminated under any of the following circumstances:

(1) the plaintiff dies and there is no close relative or the close relative waives the right to litigation;

(2) After the termination of the legal person or other organization as the plaintiff, the bearer of its rights and obligations waives the litigation rights.

Where no one continues the proceedings after 90 days of suspension due to the reasons (1), (2) and (3) of Article 87 of this Interpretation, the proceedings shall be terminated by order, except in special circumstances.

Article 89 Where a reconsideration decision changes the error of the original administrative act, and the people's court makes a judgment to revoke the reconsideration decision, it may simultaneously order the reconsideration organ to make a new reconsideration decision or make a judgment to restore the legal effect of the original administrative act.

Article 90 Where a people's court orders the defendant to undertake a new administrative act, and the result of the defendant's new administrative act is the same as that of the original administrative act, but the main facts or main reasons have changed, it does not fall under the circumstances provided for in Article 71 of the Administrative Procedure Law.

Where a people's court makes a judgment to cancel the administrative act accused on the ground of violating legal procedures, the administrative organ's re-undertaking of the administrative act shall not be subject to the restriction provided for in Article 71 of the Administrative Procedure Law.

If an administrative organ makes a new administrative act basically identical to the original administrative act on the same facts and grounds, the people's court shall make a judgment to revoke or partially revoke it in accordance with the provisions of Articles 70 and 71 of the Administrative Procedure Law, and handle the case in accordance with the provisions of Article 96 of the Administrative Procedure Law.

Article 91 If the plaintiff's reasons for requesting the defendant to perform his statutory duties are established, and the defendant refuses to perform them in violation of the law or fails to reply within the time limit without justifiable reasons, the people's court may, in accordance with the provisions of Article 72 of the Administrative Procedure Law, order the defendant to perform the statutory duties requested by the plaintiff within a certain period of time. If the defendant still needs to investigate or make a decision, the defendant shall be ordered to deal with the plaintiff's request again.

Article 92 If the plaintiff applies for the defendant to perform the obligations of payment of pension, minimum living security benefits or social insurance benefits in accordance with the law and the defendant is legally obligated to pay the obligations but refuses or delays the performance of the obligations, the people's court may, in accordance with the provisions of Article 73 of the Administrative Procedure Law, order the defendant to perform the corresponding obligations of payment within a certain period of time.

Article 93 If the plaintiff requests the defendant to perform his statutory duties or perform his obligations to pay pensions, minimum living security benefits or social insurance benefits in accordance with the law, and the plaintiff fails to first file an application with the administrative organ, the people's court shall rule to reject the lawsuit.

If, after hearing the case, the people's court finds that the statutory duties or payment obligations requested by the plaintiff are obviously not within the scope of the authority of the administrative organ, it may rule to reject the suit.

Article 94 If a citizen, a legal person or any other organization brings a suit for cancellation of an administrative act, and the people's court finds the administrative act invalid after examination, it shall make a judgment confirming the invalidity.

Where a citizen, a legal person or any other organization brings a suit to confirm that an administrative act is invalid, and the people's court finds that the administrative act is not invalid upon examination, and after clarification, the plaintiff requests the cancellation of the administrative act, it shall continue to hear the case and make a corresponding judgment according to law; Where the plaintiff requests the cancellation of the administrative act but the legal time limit for the prosecution has expired, the lawsuit shall be rejected by order; If the plaintiff refuses to change the lawsuit request, the judgment shall reject the lawsuit request.

Article 95 Where a people's court, after hearing the case, finds that the administrative act sued is illegal or invalid, which may cause losses to the plaintiff, and, after explanation, the plaintiff requests a joint settlement of the dispute over administrative compensation, the people's court may conduct mediation on the matter of compensation; If mediation fails, a judgment shall be made together. The people's court may also inform it to bring a separate lawsuit in respect of the compensation matter.

Article 96 In any of the following circumstances, and does not materially damage the hearing, statement, defense and other important procedural rights enjoyed by the plaintiff according to law, it belongs to the "minor procedural violation" stipulated in the second paragraph of the first paragraph of Article 74 of the Administrative Procedure Law:

(1) Dealing with minor violations of the deadline;

(2) the notification, service and other procedures are minor violations;

(3) Circumstances of minor violations of other procedures.

Article 97 Where the loss of the plaintiff or a third party is caused by its own fault and the illegal administrative act of an administrative organ, the people's court shall determine the corresponding liability of the administrative organ according to whether there is a causal relationship between the acts of the parties and the result of the damage, and the magnitude of the force that played a role in the occurrence of the damage and the result.

Article 98 Where the lawful rights and interests of a citizen, a legal person or any other organization are harmed because an administrative organ fails to perform or delays in performing its statutory duties, the people's court shall judge the administrative organ to bear the liability for administrative compensation. In determining the amount of compensation, factors such as the role played by the act of non-performance or delay in the performance of legal duties in the occurrence and result of the damage shall be taken into account.

Article 99 In any of the following circumstances, it is a "major and obviously illegal" as provided for in Article 75 of the Administrative Procedure Law:

(1) the subject of an administrative act does not have the qualification of an administrative subject;

(2) An administrative act that derogates from rights or increases obligations is not based on legal norms;

(3) The content of the administrative act is objectively impossible to implement;

(4) Other major and obviously illegal situations.

Article 100 Where a people's court tries an administrative case and applies the judicial interpretation of the Supreme People's Court, it shall invoke it in the judgment document.

In handling administrative cases, the people's court may cite legal and effective rules and other normative documents in the judgment documents.

Article 101 An order shall apply to the following areas:

(1) Failing to file a case;

(2) Rejection of the lawsuit;

(3) objections to jurisdiction;

(4) termination of litigation;

(5) suspension of litigation;

(6) transfer or designation of jurisdiction;

(7) Suspension of execution of the administrative act during the litigation period or rejection of the application for suspension of execution;

(8) Property preservation;

(9) advance execution;

(10) Granting or refusing to grant withdrawal of a suit;

(11) correcting clerical errors in judgment documents;

(12) Suspension or termination of execution;

(13) arraignment, order retrial or remand for retrial;

(14) To permit or not permit the execution of an administrative act by an administrative organ;

(15) Other matters requiring adjudication.

The parties may appeal against the first, second and third rulings.

The written ruling shall clearly state the ruling result and the reasons for making the ruling. The written ruling shall be signed by the adjudicators and the court clerk and affixed with the seal of the people's court. If an oral ruling is made, it shall be entered in the written record.

Article 102 "clear facts" in an administrative case as provided for in Article 82 of the Administrative Procedure Law means that the parties have basically agreed on the facts of the dispute and can provide corresponding evidence, and the facts can be ascertained without investigation and collection of evidence by the People's Court; "Clear relationship between rights and obligations" means that rights and obligations can be clearly distinguished in the administrative legal relationship; "Little dispute" means that the parties have no substantive differences on the legality and responsibility of the administrative act.

Article 103 In administrative cases where summary procedures are applied, the people's court may summon the parties, notify witnesses and serve litigation documents other than judgment documents by oral notice, telephone, short message, fax, E-mail and other simple means.

A people's court may not make a judgment by default on a court hearing notice served by simple means without confirmation by the parties or without other evidence to prove that the parties have received it.

Article 104 The time limit for providing evidence in cases where summary procedures are applied shall be determined by the people's court, or may be agreed upon by the parties through consultation and approved by the people's court, but shall not exceed 15 days. If the defendant requests a written reply, the people's court may determine a reasonable period of reply.

The people's court shall inform the parties of the time limit for providing evidence and the date of the hearing, and explain to the parties the legal consequences of overdue evidence and refusal to appear in court, and the parties shall sign or stamp the record and the return certificate of service of the hearing summons.

If both parties agree to hold a hearing immediately or to shorten the time limit for presenting evidence or for pleading, the people's court may hold a hearing immediately or determine to hold a hearing in the near future.

Article 105 Where a people's court finds that a case is complicated and needs to be tried through ordinary procedures, it shall make a ruling before the expiration of the trial period and notify both parties of the composition of the collegial panel and relevant matters in writing.

If the case is tried through ordinary procedures, the trial period shall be calculated from the date on which the people's court puts the case on file.

Article 106 Where a party brings a suit again in respect of a matter for which a suit has already been brought, during the course of the suit or after the ruling takes effect, the following circumstances shall constitute repeated prosecution:

(1) the parties to the latter suit are the same as those to the former suit;

(2) the object of action of the later action and the former action is the same;

(3) the claims of the latter suit are the same as those of the former suit, or the claims of the latter suit are included in the judgment of the former suit.

Article 107 If, after the People's Court of first instance has made a judgment or written order, all parties to the appeal have filed an appeal, all parties to the appeal are appellants.

Some of the litigants file an appeal, the other party who has not filed an appeal is the appellee, and the other parties are listed in accordance with the original litigation status.

Article 108 In lodging an appeal, a party shall file a copy of the appeal petition in accordance with the number of other parties or representatives of the litigation.

The people's court that originally tried the appeal shall send a copy of the appeal to the other party within five days after receiving the copy of the appeal, and the other party shall submit a defence within 15 days from the date of receiving the copy of the appeal.

The original people's court shall send a copy of the defence to the appellant within five days from the date of receipt of the reply. Failure by the other party to file a defence shall not affect the trial of the people's court.

The people's court that originally tried the case shall, within five days after receiving the appeal petition and reply, submit it together with all the case files and evidence to the people's court of second instance; The litigation costs that have been received in advance shall be submitted together.

Article 109 If, after hearing the case, the people's court of second instance finds that the ruling of the people's court that originally tried the case did not file a case or rejected a lawsuit is indeed wrong and the party's lawsuit meets the conditions for prosecution, it shall make an order to cancel the ruling of the people's court that originally tried the case and order the people's court that originally tried the case to file a case or continue the trial.

Where the people's court of second instance rules to remander an administrative case to the original people's court for a new trial, the original people's court shall form a separate collegial panel to try the case.

If the original judgment omits the parties who must participate in the proceedings or the claims, the people's court of second instance shall make an order to cancel the original judgment and remand it for retrial.

If the original judgment omits the claim for administrative compensation, and the people's court of second instance finds that compensation should not be made according to law after examination, it shall make a judgment to reject the claim for administrative compensation.

If the original judgment omitted the claim for administrative compensation, and the people's court of second instance finds that compensation should be paid according to law after hearing the case, it may conduct mediation on the issue of administrative compensation while confirming that the administrative act accused is illegal; If mediation fails, the administrative compensation part shall be remanded for retrial.

If a party makes a claim for administrative compensation during the period of second instance, the people's court of second instance may conduct mediation; If mediation fails, the party concerned shall be informed to bring a separate suit.

Article 110 A party applying to a people's court at the next higher level for a retrial shall file the application within six months after the judgment, written order or conciliation statement becomes legally effective. Under any of the following circumstances, the case shall be raised within six months from the date of knowing or should have known:

(1) There is new evidence sufficient to overturn the original judgment or written order;

(2) The main evidence for ascertaining the facts in the original judgment or written order is forged;

(3) The legal document on which the original judgment or order was made has been revoked or modified;

(4) The adjudicators have committed embezzlement, accepting bribes, engaging in malpractices for personal gain or bending the law in adjudicating the case.

Article 111 A party applying for a retrial shall submit an application for a retrial and other materials. If the people's court deems it necessary, it may send a copy of the application for retrial to the other party within five days from the date of receipt of the application. The other party shall submit written opinions within 15 days from the date of receipt of a copy of the application for retrial. The people's court may require the applicant and the other party to supplement relevant materials and inquire about relevant matters.

Article 112 The people's court shall examine the application for retrial within six months from the date of filing of the case. If an extension is necessary under special circumstances, it shall be approved by the president of the court.

"Article 113 The people's court shall decide whether to question the parties in light of the need to examine the case applied for retrial; If new evidence may overturn the original judgment or written order, the people's court shall question the parties concerned.

Article 114 During the period of examination of an application for retrial, where the respondent and other parties to the original trial file an application for retrial according to law, the people's court shall list the respondent as the applicant for retrial, examine the cause of the retrial together, and recalculate the examination period. If, after examination, the cause of the retrial claimed by the applicant is established by one of the parties, a retrial shall be ordered. If the reasons for the retrial claimed by the parties are not established, the application for retrial shall be rejected together.

"Article 115 Where, during the period of examination of an application for retrial, the applicant for retrial applies to the people's court for authorization of an appraisal or an inquest, the people's court shall not grant permission."

If, during the examination of the application for retrial, the applicant for retrial withdraws his application for retrial, the people's court shall make a ruling on whether to grant it.

Where the applicant for retrial has been summoned by summons and refuses to accept the inquiry without justifiable reasons, the application for retrial shall be dealt with as withdrawal.

Where the people's court has allowed the withdrawal of the application for retrial or dealt with it according to the withdrawal of the application for retrial, the applicant for retrial shall apply for a retrial again, except under the circumstances provided for in items 2, 3, 7 and 8 of Article 91 of the Administrative Procedure Law, the case shall not be filed within six months from the date of knowing or should have known.

Article 116 Where the cause of retrial claimed by the parties is established and the conditions for applying for a retrial stipulated in the Administrative Procedure Law and this Interpretation are met, the people's court shall order a retrial.

If the cause of retrial advocated by the parties is not established, or the parties' application for retrial exceeds the statutory time limit for retrial, exceeds the scope of statutory retrial reasons, and does not meet the conditions for application for retrial provided for in the Administrative Procedure Law and this Interpretation, the people's court shall rule to reject the application for retrial.

Article 117 Under any of the following circumstances, a party may apply to a people's procuratorate for a protest or procuratorial proposal:

(1) The people's court rejects the application for retrial;

(2) The people's court fails to make a ruling on the application for retrial within the time limit;

(3) There are obvious errors in the judgment or written order of the retrial.

If a party applies for a retrial after a people's court has made a retrial judgment or order based on a protest or procuratorial suggestion, the people's court shall not file a case.

Article 118 In the case of a retrial decided in accordance with the procedure of trial supervision, the execution of the original judgment, ruling or mediation statement shall be suspended, but in the case of payment of pension, minimum living security fee or social insurance benefits, the execution may not be suspended.

If the people's court at a higher level decides to arraignment or orders the people's court at a lower level to retrial, it shall make a ruling, and the ruling shall clearly state that the execution of the original judgment shall be suspended; If the case is urgent, the ruling on suspension of execution may be orally notified to the people's court responsible for execution or to the people's court that has made the effective judgment or order, but the written ruling shall be issued within ten days after the oral notification.

"Article 119 In a case retried by a people's court in accordance with the procedure for trial supervision, if the legally effective judgment or written order was made by a court of first instance, the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal the judgment or written order; If a legally effective judgment or order is made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the judgment or order rendered shall be a legally effective judgment or order; If a people's court at a higher level tries a case in accordance with the procedure for trial supervision, the case shall be tried in accordance with the procedure of second instance, and the judgment or written order rendered shall be a legally effective judgment or written order.

In handling a retrial case, a people's court shall form a separate collegial panel.

Article 120 The trial of a retrial case by a people's court shall focus on the request for retrial and the legality of the administrative act accused. If a party's request for retrial exceeds the original request for litigation and meets the conditions for litigation in a separate case, the party shall be informed that it may bring a separate suit.

If the request for retrial made by the respondent and other parties to the original trial before the end of the trial debate meets the application time limit prescribed in this Interpretation, the people's court shall try it together.

If a people's court finds, after retrial, that a legally effective judgment or order harms the interests of the state, the public interest or the legitimate rights and interests of others, it shall try the case together.

Article 121 During the retrial, if any of the following circumstances occur, a ruling shall be made to terminate the retrial procedure:

(1) The people's court permits the applicant to withdraw his request for retrial during the retrial;

(2) Where the applicant for retrial has been summoned by summons and refuses to appear in court without justifiable reasons, or withdraws midway without the permission of the court, the case shall be treated as withdrawal of the request for retrial;

(3) The people's procuratorate withdraws the protest;

(4) Other circumstances in which the retrial procedure should be terminated.

If the party applying for a retrial is under the circumstances specified in the preceding paragraph and does not harm the interests of the state, the social public interest or the legitimate rights and interests of others, the people's court shall rule to terminate the retrial procedure.

After the conclusion of the retrial procedure, the execution of the original effective judgment that the people's court ordered to suspend the execution shall be automatically resumed.

"Article 122 When a people's court tries a retrial case and considers that the original effective judgment or written order is indeed wrong, it may, at the same time as revoking the original effective judgment or written order, make a corresponding judgment on the contents of the effective judgment or written order, or order to revoke the effective judgment or written order and return it to the people's court that made the effective judgment or written order for a new trial."

"Article 123 When a people's court tries a case of second instance or a case of retrial, and makes a mistake in filing a case, refusing to file a case or rejecting a lawsuit by the original trial court, it shall deal with the cases as follows:

(1) After the people's Court of first instance has made a substantive judgment, if the people's court of second instance considers that the case should not be filed, it may, while revoking the judgment of the people's Court of first instance, simply reject the lawsuit;

(2) If the people's Court of second instance is wrong in upholding the ruling of the people's court of first instance not to file a case, the retrial court shall revoke the ruling of the people's court of first instance and the people's Court of second instance and order the people's Court of first instance to accept it;

(3) If the People's Court of second instance wrongly upholds the ruling of the People's Court of first instance rejecting the lawsuit, the retrial court shall revoke the ruling of the people's Court of first instance and the People's Court of second instance and order the People's Court of first instance to try the case.

Article 124 In a case where a people's procuratorate has lodged a protest, the people's court accepting the protest shall, within 30 days from the date of receipt of the protest, make a ruling of retrial; Under any of the circumstances provided for in the second and third provisions of Article 91 of the Administrative Procedure Law, a people's court at the next higher level may be ordered to retry the case, except that it has been retried by the people's court at the next higher level.

If the parties have reached a settlement agreement during the examination of the protest materials by the people's court, the people's court may recommend that the people's procuratorate withdraw the protest.

Article 125 When a people's procuratorate makes a protest against a case, the people's court shall notify the people's Procuratorate to send members to appear in court three days before the retrial begins.

"Article 126 After receiving the procuratorial proposal for retrial, the people's court shall form a collegial panel to review it within three months, and if it finds that there is a definite error in the original judgment, written order or conciliation statement and a retrial is necessary, it shall order a retrial in accordance with Article 92 of the Administrative Procedure Law and notify the parties concerned;" If, after examination, it is decided not to retry the case, it shall reply in writing to the people's procuratorate.

Article 127 When a people's court tries a case for retrial due to a people's procuratorate's protest or procuratorial proposal, it shall not be restricted by a ruling already made on rejecting a party's application for retrial.

8. The person in charge of the administrative organ appears in court to answer the lawsuit

Article 128 The persons in charge of administrative organs as provided for in paragraph 3 of Article 3 of the Administrative Procedure Law shall include the principal, deputy principal and other persons in charge of administrative organs.

If a person in charge of an administrative organ appears in court to answer the suit, he may appoint another one or two agents AD litem. If the head of an administrative organ is unable to appear in court, he shall entrust the corresponding staff of the administrative organ to appear in court, and shall not only entrust lawyers to appear in court.

Article 129 Cases involving major public interests, high public concern or likely to cause mass incidents, as well as cases where the people's court recommends in writing that the head of an administrative organ appear in court, the head of the administrative organ accused shall appear in court.

Where the person in charge of the accused administrative organ appears in court to answer the lawsuit, it shall be listed in the basic circumstances of the parties and their agents AD litem and the origin of the case.

If a person in charge of an administrative organ is unable to appear in court to answer the lawsuit for legitimate reasons, he or she shall submit a statement of the situation to the people's court, which shall be affixed with the seal of the administrative organ or approved by the signature of the principal person in charge of the administrative organ.

If an administrative organ refuses to give reasons, it shall not have the effect of blocking the trial of the case, and the people's court may make a judicial recommendation to the supervisory organ or the administrative organ at the next higher level.

Article 130 The "corresponding staff members of an administrative organ" as provided for in paragraph 3 of Article 3 of the Administrative Procedure Law includes the staff members of the administrative organ who have the status of the State administrative establishment and other personnel who perform public duties according to law.

Where the accused administrative act is undertaken by a local people's government, the staff of the legal affairs agency of the local people's government and the staff of the specific undertaking organ of the accused administrative act may be regarded as the corresponding staff of the defendant's government.

Article 131 If a person in charge of an administrative organ appears in court to answer a lawsuit, he shall submit to the people's court materials that can prove the position of the person in charge of the administrative organ.

Where an administrative organ entrusts a corresponding staff member to appear in court to answer the suit, it shall submit to the people's court a power of attorney stamped with the seal of the administrative organ and indicating the name, position and authority of the staff member.

Article 132 Where the head of an administrative organ and the corresponding staff of an administrative organ do not appear in court and only appoint a lawyer to appear in court, or where the people's court recommends in writing that the head of an administrative organ appear in court to answer the case, and the head of an administrative organ does not appear in court to answer the case, the people's court shall record the case and indicate it in the judgment document, and may recommend the relevant organ to deal with the case according to law.

9. The administrative organ for reconsideration shall be the co-defendant

Article 133 The "decision of the reconsideration organ to maintain the original administrative act" provided for in Article 26, paragraph 2, of the Administrative Procedure Law includes the case where the reconsideration organ rejects the application for reconsideration or the request for reconsideration, except for the case where the reconsideration application is rejected on the grounds that it does not meet the conditions for acceptance.

Article 134 If the administrative organ for reconsideration decides to maintain the original administrative act, the administrative organ that took the original administrative act and the administrative organ for reconsideration are joint defendants. If the plaintiff brings a suit only against the administrative organ or reconsideration organ that undertook the original administrative act, the people's court shall inform the plaintiff to add additional defendants. If the plaintiff does not agree to the addition, the people's court shall list another organ as a co-defendant.

Where the administrative reconsideration decision both maintains the contents of the original administrative act and changes the contents of the original administrative act or refuses to accept the application, the administrative organ that undertook the original administrative act and the reconsideration organ shall be the co-defendants.

In cases where the administrative organ for reconsideration is a co-defendant, the administrative organ that made the original administrative act shall determine the level of jurisdiction over the case.

Article 135 If the administrative body for reconsideration decides to maintain the original administrative act, the people's court shall examine the legality of the reconsideration decision together with the legality of the original administrative act.

The administrative organ that made the original administrative act and the reconsideration organ jointly bear the burden of proof for the legality of the original administrative act, and one of the organs may perform the act of proof. The administrative body for reconsideration shall bear the burden of proof for the legality of the reconsideration decision.

In cases where the administrative body for reconsideration is a co-defendant, the evidence collected and supplemented by the administrative body for reconsideration in accordance with the law during the reconsideration procedure may serve as the basis for the people's court to determine the legality of the reconsideration decision and the original administrative act.

Article 136 When a people's court makes a judgment on the original administrative act, it shall make a corresponding judgment on the reconsideration decision.

If the people's court, in accordance with its functions and powers, adds as a co-defendant the administrative organ or the reconsideration organ that took the original administrative act, it may make a corresponding judgment on the original administrative act or the reconsideration decision.

Where a people's court makes a judgment to revoke the original administrative act or a reconsideration decision, it may order the administrative organ that made the original administrative act to make a new administrative act.

If the people's court orders the administrative organ that took the original administrative act to perform its statutory duties or pay obligations, it shall simultaneously make a judgment to revoke the reconsideration decision.

If the original administrative act is lawful and the reconsideration decision is illegal, the people's court may make a judgment to cancel the reconsideration decision or confirm that the reconsideration decision is illegal, and at the same time make a judgment to reject the plaintiff's claim for litigation against the original administrative act.

Where the original administrative act is revoked or confirmed to be illegal or invalid, thereby causing losses to the plaintiff, the administrative organ that undertook the original administrative act shall be liable for compensation; If the damage is aggravated as a result of the reconsideration decision, the reconsideration organ shall be liable for compensation for the aggravated part.

If the original administrative act does not meet the acceptance conditions such as the scope of reconsideration or lawsuit acceptance, and the reconsideration organ makes a decision to maintain the decision, the people's court shall rule to reject the lawsuit against the original administrative act and the reconsideration decision together.

(10) Joint trial of relevant civil disputes

Article 137 A request by a citizen, a legal person or any other organization to hear the relevant civil disputes provided for in Article 61 of the Administrative Procedure Law shall be submitted before the trial of the first instance is held; If there are valid reasons, they can also be raised in court investigations.

Article 138 Where the people's court decides to try the relevant civil disputes together in the administrative proceedings, or the parties to the case agree that the relevant civil disputes should be settled together in the administrative proceedings, and the people's court approves it, the people's court accepting the administrative case shall have jurisdiction.

Where a citizen, a legal person or any other organization requests that the relevant civil dispute be tried together, and the people's court finds after examination that the administrative case has exceeded the time limit for prosecution and the civil case has not yet been filed, it shall inform the parties to file a separate civil lawsuit; Where a civil case has been filed, the original judicial organization shall continue to try it.

Where a people's court finds in the trial of an administrative case that a civil dispute is the basis for the settlement of an administrative dispute, and the parties do not request the people's court to try the relevant civil dispute together, the people's court shall inform the parties to apply for a joint settlement of the civil dispute according to law. Where a party has filed another civil lawsuit for a civil dispute, the people's court shall suspend the hearing of the administrative lawsuit. The period for handling civil disputes shall not be counted within the time limit for hearing administrative litigation.

Article 139 Under any of the following circumstances, the people's court shall make a decision not to allow simultaneous trial of a civil dispute, and inform the parties that they may claim their rights through other channels according to law:

(1) where the law provides that the case shall be handled first by an administrative organ;

(2) violating the provisions on exclusive jurisdiction of the civil Procedure Law or the agreement on jurisdiction by agreement;

(3) where arbitration has been agreed or a civil lawsuit has been initiated;

(4) Other circumstances in which it is not appropriate to try civil disputes together.

A decision not to grant permission may be applied for reconsideration once.

Article 140 Where the people's court tries relevant civil disputes together in administrative proceedings, the civil disputes shall be filed separately and tried by the same judicial organization.

Where a people's court tries a case involving a ruling made by an administrative organ on a civil dispute and tries the civil dispute together, it shall not file a case separately.

Article 141 The people's courts shall try relevant civil disputes together and apply the relevant provisions of civil legal norms, except as otherwise provided by law.

The disposition of the parties to the civil rights and interests in mediation cannot be used as the basis for examining the legality of the administrative act sued.

Article 142 Administrative disputes and civil disputes shall be adjudicated separately.

Where a party appeals only against an administrative or civil judgment, the unappealed judgment shall become legally effective after the expiration of the appeal period. The people's court of first instance shall transfer all the case files together to the people's court of second instance for trial by the administrative tribunal. If a people's court of second instance finds a definite error in the effective judgment without appeal, it shall retry the case in accordance with the procedure for trial supervision.

Article 143 If the plaintiff in an administrative lawsuit applies for withdrawal of the suit before the judgment is pronounced, the people's court shall make a ruling on whether to grant it. The people's court has ruled to allow the administrative litigation plaintiff to withdraw the lawsuit, but the people's court shall continue to try the case if it does not withdraw the lawsuit against the relevant civil disputes that have been filed together.

Article 144: When people's courts try relevant civil disputes together, they shall charge litigation fees respectively according to the standards for administrative cases and civil cases.

11. Review of normative documents together

Article 145 Where a citizen, legal person or other organization simultaneously requests a review of the normative documents on which it is based when bringing a lawsuit against an administrative act, the court with jurisdiction over the administrative act shall review the case together.

Article 146 A request by a citizen, legal person or other organization to the people's court to review the normative documents provided for in Article 53 of the Administrative Procedure Law shall be submitted before the trial of first instance; If there are valid reasons, they can also be raised in court investigations.

Article 147 Where a people's court finds that a normative document may be illegal in the process of reviewing normative documents, it shall listen to the opinions of the authorities that make normative documents.

Where the enacting authority applies to appear in court to state its opinions, the people's court shall allow it.

If the administrative organ fails to state its opinion or provide relevant certification materials, it cannot prevent the people's court from reviewing the normative documents.

Article 148 When the people's court conducts a review of normative documents together, it may proceed from the aspects of whether the organ making normative documents has exceeded its authority or violated legal procedures, the provisions on which the administrative act is based, and the relevant provisions.

Under any of the following circumstances, "normative documents are illegal" as provided for in Article 64 of the Administrative Procedure Law:

(1) exceeding the statutory functions and powers of the enacting organ or exceeding the scope authorized by laws, rules and regulations;

(2) in conflict with the provisions of laws, regulations, rules and other superior laws;

(3) Illegally increasing the obligations of citizens, legal persons or other organizations or derogating from the lawful rights and interests of citizens, legal persons or other organizations without the basis of laws, regulations or rules;

(4) failing to perform the statutory approval procedures or the procedures for public release, and seriously violating the formulation procedures;

(5) Other violations of laws, regulations and rules.

Article 149 Where a people's court considers the normative document on which an administrative act is based to be lawful upon examination, it shall be taken as the basis for determining the legality of the administrative act; If the normative document is found to be illegal after examination, it shall not be used as the basis for the people's court to determine the legality of the administrative act, and shall be clarified in the reasons for judgment. The people's court that makes the effective judgment shall put forward the handling suggestions to the formulation organ of the normative document, and may copy the people's government at the same level of the formulation organ, the administrative organ at the next higher level, the supervisory organ and the filing organ of the normative document.

If a normative document is illegal, the people's court may, within three months from the effective date of the judgment, put forward a judicial proposal to the organ that makes normative documents to amend or abolish the normative document.

Where a normative document is jointly formulated by multiple departments, the people's court may send judicial suggestions to the sponsoring organ of the normative document or to the joint administrative organ at the next higher level.

The administrative organ receiving the judicial proposal shall give a written reply within 60 days from the date of receipt of the judicial proposal. If the situation is urgent, the people's court may recommend that the enacting organ or the administrative organ at the next higher level immediately stop implementing the normative document.

Article 150 Where a people's court considers a normative document illegal, it shall submit it to the people's court at the next higher level for the record after the judgment takes effect. Involving the normative documents formulated by the departments of The State Council and provincial administrative organs, judicial proposals should also be reported to the Supreme People's Court and the high People's Court for the record at different levels.

Article 151 Where the president of a people's court at any level finds a mistake in determining the legality of a normative document for a legally effective judgment or order of his court and considers that a retrial is necessary, he shall submit it to the judicial committee for discussion.

Where the Supreme People's Court finds a mistake in determining the legality of a normative document in respect of a legally effective judgment or order of a local people's court at any level, or a people's court at a higher level finds a mistake in determining the legality of a legally effective judgment or order of a people's court at a lower level, it shall have the power to bring the case to trial or order the people's court at a lower level to retry it.

Xii. Implementation

Article 152 If a party who has obligations refuses to perform legally effective administrative judgments, administrative rulings, administrative compensation judgments or administrative conciliation statements, the other party may apply to the people's court for compulsory execution according to law.

If a people's court orders an administrative organ to perform administrative compensation, administrative compensation or other obligations of administrative payment, but the administrative organ refuses to perform, the other party may apply to the court for compulsory execution according to law.

Article 153 The time limit for applying for execution shall be two years. Any application for suspension or interruption of the time limitation shall be governed by the relevant provisions of law.

The time limit for applying for execution shall be counted from the last day of the performance period stipulated in the legal document; If the legal document stipulates performance in stages, it shall be counted from the last day of each prescribed period of performance; If the time limit for performance is not specified in the legal document, it shall be counted from the date on which the legal document is served on the party.

If the application is overdue, the people's court shall not accept it unless there are legitimate reasons.

Article 154 Legally effective administrative judgments, administrative rulings, administrative compensation judgments and administrative conciliation statements shall be enforced by the people's court of first instance.

If the people's court of first instance considers that the circumstances are special and need to be enforced by a people's court of second instance, it may report to the people's Court of second instance for enforcement; The people's Court of second instance may decide to enforce it, or the people's Court of first instance may decide to enforce it.

Article 155 An administrative organ applying for the execution of its administrative act in accordance with Article 97 of the Administrative Procedure Law shall meet the following conditions:

(1) An administrative act may be executed by a people's court according to law;

(2) The administrative act has taken effect and has enforceable contents;

(3) The applicant is the administrative organ that has undertaken the administrative act or an organization authorized by laws, regulations or rules;

(4) The respondent is the obligor determined by the administrative act;

(5) The respondent of the application fails to perform its obligations within the time limit set by the administrative act or the time limit notified by the administrative organ;

(6) the applicant files the application within the statutory time limit;

(7) The administrative case for which enforcement is applied shall be under the jurisdiction of the people's court accepting the application for enforcement.

When an administrative organ applies to a people's court for execution, it shall submit the relevant materials provided for in Article 55 of the Administrative Compulsory Law.

The people's court shall, within five days, file a case for acceptance of an application that meets the conditions and notify the applicant; An application that does not meet the conditions shall be ruled to be rejected. If an administrative organ has objections to the ruling of inadmissibility and applies for reconsideration to the people's court at the next higher level within 15 days, the people's court at the next higher level shall make a ruling within 15 days from the date of receiving the application for reconsideration.

Article 156 An administrative organ without the power of compulsory execution shall apply to a people's court for compulsory execution of its administrative act within three months from the expiration of the statutory time limit for the person subject to enforcement to bring a suit. If the application is overdue, the people's court shall not accept it unless there are legitimate reasons.

Article 157 Where an administrative organ applies to a people's court for compulsory execution of its administrative act, the basic people's court in the place where the applicant is located shall accept the application; If the object of enforcement is immovable property, it shall be accepted by the basic people's court in the place where the immovable property is located.

If the basic people's court considers that execution is really difficult, it may report to the people's court at a higher level for execution; The people's court at a higher level may decide to execute it, or the people's court at a lower level may decide to execute it.

Article 158 Where, after an administrative organ has made a ruling on a civil dispute between equal subjects as authorized by law, the parties neither bring a suit nor perform the ruling within the statutory time limit, or the administrative organ that made the ruling fails to apply to the people's court for compulsory execution within the time limit for applying for execution, The right holder or his successor or right holder determined by the effective administrative ruling may, within six months, apply to the people's court for compulsory execution.

When a citizen, legal person or other organization enjoying rights applies to a people's court for compulsory execution of an effective administrative ruling, reference shall be made to the provisions on an administrative organ's application to a people's court for compulsory execution of an administrative act.

"Article 159 Where, before applying to a people's court for compulsory execution, an administrative organ or a right holder determined by an administrative act has sufficient reasons to believe that the person subject to execution may evade execution, it may apply to the people's court for property preservation measures." Where the latter applies for enforcement, corresponding property guarantees shall be provided.

Article 160 After a people's court has accepted a case in which an administrative organ applies for the execution of its administrative act, the administrative tribunal shall, within seven days, examine the legality of the administrative act and make a ruling on whether to grant the execution.

If, before making a ruling, a people's court finds that an administrative act is clearly illegal and impairing the lawful rights and interests of the person subject to execution, it shall hear the opinions of the person subject to execution and the administrative organ, and make a ruling on whether to grant execution within 30 days from the date of acceptance.

If it is necessary to take compulsory enforcement measures, they shall be carried out by the institution responsible for compulsory enforcement of non-litigation administrative acts of this court.

Article 161 The people's court shall rule against the execution of an administrative act applied for under any of the following circumstances:

(1) the subject of implementation does not have the qualification of an administrative subject;

(2) there is an obvious lack of factual basis;

(3) There is an obvious lack of legal or regulatory basis;

(4) other circumstances that clearly violate the law and impair the lawful rights and interests of the person subject to execution.

If an administrative organ has objections to the ruling of disapproval and applies for reconsideration to the people's court at the next higher level within 15 days, the people's court at the next higher level shall make a ruling within 30 days from the date of receiving the application for reconsideration.

Xiii. Supplementary Provisions

Article 162 Where a citizen, a legal person or any other organization brings a lawsuit against an administrative act undertaken before May 1, 2015, requesting confirmation that the administrative act is invalid, the people's court shall not file the case.

Article 163 This interpretation shall come into force as of February 8, 2018.

After the implementation of this interpretation, the Interpretation of the Supreme People's Court on Several Issues concerning the Implementation of the Administrative Procedure Law of the People's Republic of China (Interpretation [2000] No. 8) and the Interpretation of the Supreme People's Court on Several Issues concerning the Application of the Administrative Procedure Law of the People's Republic of China (Interpretation [2015] No. 9) shall be repealed simultaneously. Any judicial interpretation previously issued by the Supreme People's Court that is inconsistent with this interpretation shall no longer be applicable.