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中华人民共和国行政诉讼法(附英文)-2

    来源:翻译界  浏览次数:3581  添加时间:2008/6/9
【名称】 ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLE'S
REPUBLIC OF CHINA
【题注】
Important Notice: (注意事项)
英文本源自中华人民共和国务院法制局编译, 中国法制出版社出版的《中华人民共和国涉外法规汇编》(1991年7月版).
当发生歧意时, 应以法律法规颁布单位发布的中文原文为准.
This English document is coming from "LAWS AND
REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED
MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document (法规全文)
ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF
CHINA
(Adopted at the Second Session of the Seventh National People's Congress on April 4, 1989, promulgated by Order No. 16 of the President of the People's Republic of China on April 4, 1989, and effective as of October 1, 1990)

Contents
Chapter I General Provisions
Chapter II Scope of Accepting Cases
Chapter III Jurisdiction
Chapter IV Participants in Proceedings
Chapter V Evidence
Chapter VI Bringing a Suit and Accepting a Case
Chapter VII Trial and Judgment
Chapter VIII Execution
Chapter IX Liability for Compensation for Infringement of Rights
Chapter X Administrative Procedure Involving Foreign Interest
Chapter XI Supplementary Provisions

Chapter I General Provisions

Article 1
Pursuant to the Constitution, this Law is enacted for the purpose of
ensuring the correct and prompt handling of administrative cases by the
people's courts, protecting the lawful rights and interests of citizens,
legal persons and other organizations, and safeguarding and supervising
the exercise of administrative powers by administrative organs in
accordance with the law.
Article 2
If a citizen, a legal person or any other organization considers that his
or its lawful rights and interests have been infringed upon by a specific
administrative act of an administrative organ or its personnel, he or it
shall have the right to bring a suit before a people's court in accordance
with this Law.
Article 3
The people's courts shall, in accordance with the law, exercise judicial
power independently with respect to administrative cases, and shall not be
subject to interference by any administrative organ, public organization
or individual. The people's courts shall set up administrative divisions
for the handling of administrative cases.
Article 4
In conducting administrative proceedings, the people's courts shall base
themselves on facts and take the law as the criterion.
Article 5
In handling administrative cases, the people's courts shall examine the
legality of specific administrative acts.
Article 6
In handling administrative cases, the people's courts shall, as prescribed
by law, apply the systems of collegial panel, withdrawal of judicial
personnel and public trial and a system whereby the second instance is the
final instance.
Article 7
Parties to an administrative suit shall have equal legal positions.
Article 8
Citizens of all nationalities shall have the right to use their native
spoken and written languages in administrative proceedings.
In an area where people of a minority nationality live in concentrated
communities or where a number of nationalities live together, the people's
courts shall conduct adjudication and issue legal documents in the
language or languages commonly used by the local nationalities.
The people's courts shall provide interpretation for participants in
proceedings who do not understand the language or languages commonly used
by the local nationalities.
Article 9
Parties to an administrative suit shall have the right to debate.
Article 10
The people's procuratorates shall have the right to exercise legal
supervision over administrative proceedings.
Chapter II Scope of Accepting Cases
Article 11
The people's courts shall accept suits brought by citizens, legal persons
or other organizations against any of the following specific
administrative acts:
(1) an administrative sanction, such as detention, fine, rescission of a
license or permit, order to suspend production or business or confiscation
of property, which one refuses to accept;
(2) a compulsory administrative measure, such as restricting freedom of
the person or the sealing up, seizing or freezing of property, which one
refuses to accept;
(3) infringement upon one's managerial decision-making powers, which is
considered to have been perpetrated by an administrative organ;
(4) refusal by an administrative organ to issue a permit or license, which
one considers oneself legally qualified to apply for, or its failure to
respond to the application;
(5) refusal by an administrative organ to perform its statutory duty of
protecting one's rights of the person and of property, as one has applied
for, or its failure to respond to the application;
(6) cases where an administrative organ is considered to have failed to
issue a pension according to law;
(7) cases where an administrative organ is considered to have illegally
demanded the performance of duties; and
(8) cases where an administrative organ is considered to have infringed
upon other rights of the person and of property.
Apart from the provisions set forth in the preceding paragraphs, the
people's courts shall accept other administrative suits which may be
brought in accordance with the provisions of relevant laws and
regulations.
Article 12
The people's courts shall not accept suits brought by citizens, legal
persons or other organizations against any of the following matters:
(1) acts of the state in areas like national defence and foreign affairs;
(2) administrative rules and regulations, regulations, or decisions and
orders with general binding force formulated and announced by
administrative organs;
(3) decisions of an administrative organ on awards or punishments for its
personnel or on the appointment or relief of duties of its personnel; and
(4) specific administrative acts that shall, as provided for by law, be
finally decided by an administrative organ.
Chapter III Jurisdiction
Article 13
The basic people's courts shall have jurisdiction as courts of first
instance over administrative cases.
Article 14
The intermediate people's courts shall have jurisdiction as courts of
first instance over the following administrative cases:
(1) cases of confirming patent rights of invention and cases handled by
the Customs;
(2) suits against specific administrative acts undertaken by departments
under the State Council or by the people's governments of provinces,
autonomous regions or municipalities directly under the Central
Government; and
(3) grave and complicated cases in areas under their jurisdiction.
Article 15
The higher people's courts shall have jurisdiction as courts of first
instance over grave and complicated administrative cases in areas under
their jurisdiction.
Article 16
The Supreme People's Court shall have jurisdiction as a court of first
instance over grave and complicated administrative cases in the whole
country.
Article 17
An administrative case shall be under the jurisdiction of the people's
court in the locality of the administrative organ that initially undertook
the specific administrative act. A reconsidered case in which the organ
conducting the reconsideration has amended the original specific
administrative act may also be placed under the jurisdiction of the
people's court in the locality of the administrative organ conducting the
reconsideration.
Article 18
A suit against compulsory administrative measures restricting freedom of
the person shall be under the jurisdiction of a people's court in the
place where the defendant or the plaintiff is located.
Article 19
An administrative suit regarding a real property shall be under the
jurisdiction of the people's court in the place where the real property is
located.
Article 20
When two or more people's courts have jurisdiction over a suit, the
plaintiff may have the option to bring the suit in one of these people's
courts. If the plaintiff brings the suit in two or more people's courts
that have jurisdiction over the suit, the people's court that first
receives the bill of complaint shall have jurisdiction.
Article 21
If a people's court finds that a case it has accepted is not under its
jurisdiction, it shall transfer the case to the people's court that does
have jurisdiction over the case. The people's court to which the case has
been transferred shall not on its own initiative transfer it to another
people's court.
Article 22
If a people's court which has jurisdiction over a case is unable to
exercise its jurisdiction for special reasons, a people's court at a
higher level shall designate another court to exercise the jurisdiction.
If a dispute arises over jurisdiction between people's courts, it shall be
resolved by the parties to the dispute through consultation. If the
dispute cannot be resolved through consultation, it shall be reported to a
people's court superior to the courts in dispute for the designation of
jurisdiction.
Article 23
People's courts at higher levels shall have the authority to adjudicate
administrative cases over which people's courts at lower levels have
jurisdiction as courts of first instance; they may also transfer
administrative cases over which they themselves have jurisdiction as
courts of first instance to people's courts at lower levels for trial. If
a people's court deems it necessary for an administrative case of first
instance under its jurisdiction to be adjudicated by a people's court at a
higher level, it may report to such a people's court for decision.
Chapter IV Participants in Proceedings
Article 24
A citizen, a legal person or any other organization that brings a suit in
accordance with this Law shall be a plaintiff.
If a citizen who has the right to bring a suit is deceased, his near
relatives may bring the suit.
If a legal person or any other organization that has the right to bring a
suit terminates, the legal person or any other organization that succeeds
to its rights may bring the suit.
Article 25
If a citizen, a legal person or any other organization, brings a suit
directly before a people's court, the administrative organ that undertook
the specific administrative act shall be the defendant.
For a reconsidered case, if the organ that conducted the reconsideration
sustains the original specific administrative act, the administrative
organ that initially undertook the act shall be the defendant; if the
organ that conducted the reconsideration has amended the original specific
administrative act, the administrative organ which conducted the
reconsideration shall be the defendant.
If two or more administrative organs have undertaken the same specific
administrative act, the administrative organs that have jointly undertaken
the act shall be the joint defendants.
If a specific administrative act has been undertaken by an organization
authorized to undertake the act by the law or regulations, the
organization shall be the defendant. If a specific administrative act has
been undertaken by an organization as entrusted by an administrative
organ, the entrusting organ shall be the defendant.
If an administrative organ has been abolished, the administrative organ
that carries on the exercise of functions and powers of the abolished
organ shall be the defendant.
Article 26
A joint suit shall be constituted when one party or both parties consist
of two or more persons and the administrative cases are against the same
specific administrative act or against the specific administrative acts of
the same nature and the people's court considers that the cases can be
handled together.
Article 27
If any other citizen, legal person or any other organization has interests
in a specific administrative act under litigation, he or it may, as a
third party, file a request to participate in the proceedings or may
participate in them when so notified by the people's court.
Article 28
Any citizen with no capacity to take part in litigation shall have one or
more legal representatives who will act on his behalf in a suit. If the
legal representatives try to shift their responsibilities onto each other,
the people's court may appoint one of them as the representative of the
principal in litigation.
Article 29
Each party or legal representative may entrust one or two persons to
represent him in litigation.
A lawyer, a public organization, a near relative of the citizen bringing
the suit, or a person recommended by the unit to which the citizen
bringing the suit belongs or any other citizen approved by the people's
court may be entrusted as an agent ad litem.
Article 30
A lawyer who serves as an agent ad litem may consult materials pertaining
to the case in accordance with relevant provisions, and may also
investigate among and collect evidence from the organizations and citizens
concerned. If the information involves state secrets or the private
affairs of individuals, he shall keep it confidential in accordance with
relevant provisions of the law.
With the approval of the people's court, parties and other agents ad litem
may consult the materials relating to the court proceedings of the case,
except those that involve state secrets or the private affairs of
individuals.
Chapter V Evidence
Article 31
Evidence shall be classified as follows:
(1) documentary evidence;
(2) material evidence;
(3) audio-visual material;
(4) testimony of witnesses;
(5) statements of the parties;
(6) expert conclusions; and
(7) records of inquests and records made on the scene.
Any of the above-mentioned evidence must be verified by the court before
it can be taken as a basis for ascertaining a fact.
Article 32
The defendant shall have the burden of proof for the specific
administrative act he has undertaken and shall provide the evidence and
regulatory documents in accordance with which the act has been undertaken.
Article 33
In the course of legal proceedings, the defendant shall not by himself
collect evidence from the plaintiff and witnesses.
Article 34
A people's court shall have the authority to request the parties to
provide or supplement evidence.
A people's court shall have the authority to obtain evidence from the
relevant administrative organs, other organizations or citizens.
Article 35
In the course of legal proceedings, when a people's court considers that
an expert evaluation for a specialized problem is necessary, the expert
evaluation shall be made by an expert evaluation department as specified
by law. In the absence of such a department, the people's court shall
designate one to conduct the expert evaluation.
Article 36
Under circumstances where there is a likelihood that evidence may be
destroyed or lost or difficult to obtain later on, the participants in
proceedings may apply to the people's court for the evidence to be
preserved. The people's court may also on its own initiative take measures
to preserve such evidence.
Chapter VI Bringing a Suit and Accepting a Case
Article 37
A citizen, a legal person or any other organization may, within the scope
of cases acceptable to the people's courts, apply to an administrative
organ at the next higher level or to an administrative organ as prescribed
by the law or regulations for reconsideration, anyone who refuses to
accept the reconsideration decision may bring a suit before a people's
court; a citizen, a legal person or any other organization may also bring
a suit directly before a people's court.
In circumstances where, in accordance with relevant provisions of laws or
regulations, a citizen, a legal person or any other organization shall
first apply to an administrative organ for reconsideration and then bring
a suit before a people's court, if he or it refuses to accept the
reconsideration decision, the provisions of the laws or regulations shall
apply.
Article 38
If a citizen, a legal person or any other organization applies to an
administrative organ for reconsideration, the organ shall make a decision
within two months from the day of the receipt of the application, except
as otherwise provided for by law or regulations. Anyone who refuses to
accept the reconsideration decision may bring a suit before a people's
court within 15 days from the day of the receipt of the reconsideration
decision. If the administrative organ conducting the reconsideration fails
to make a decision on the expiration of the time limit, the applicant may
bring a suit before a people's court within 15 days after the time limit
for reconsideration expires, except as otherwise provided for by law.
Article 39
If a citizen, a legal person or any other organization brings a suit
directly before a people's court, he or it shall do so within three months
from the day when he or it knows that a specific administrative act has
been undertaken, except as otherwise provided for by law.
Article 40
If a citizen, a legal person or any other organization fails to observe
the time limit prescribed by law due to force majeure or other special
reasons, he or it may apply for an extent of the time limit within ten
days after the obstacle is removed; the requested extent shall be decided
by a people's court.
Article 41
The following requirements shall be met when a suit is brought:
(1) the plaintiff must be a citizen, a legal person or any other
organization that considers a specific administrative act to have
infringed upon his or its lawful rights and interests;
(2) there must be a specific defendant or defendants;
(3) there must be a specific claim and a corresponding factual basis for
the suit; and (4) the suit must fall within the scope of cases acceptable
to the people's courts and the specific jurisdiction of the people's court
where it is filed.
Article 42
When a people's court receives a bill of complaint, it shall, upon
examination, file a case within seven days or decide to reject the
complaint. If the plaintiff refuses to accept the decision, he may appeal
to a people's court.
Chapter VII Trial and Judgment
Article 43
A people's court shall send a copy of the bill of complaint to the
defendant within five days of filing the case. The defendant shall provide
the people's court with the documents on the basis of which a specific
administrative act has been undertaken and file a bill of defence within
ten days of receiving the copy of the bill of complaint. The people's
court shall send a copy of the bill of defence to the plaintiff within
five days of receiving it. Failure by the defendant to file a bill of
defence shall not prevent the case from being tried by the people's court.
Article 44
During the time of legal proceedings, execution of the specific
administrative act shall not be suspended. Execution of the specific
administrative act shall be suspended under one of the following
circumstances:
(1) where suspension is deemed necessary by the defendant;
(2) where suspension of execution is ordered by the people's court at the
request of the plaintiff because, in the view of the people's court,
execution of the specific administrative act will cause irremediable
losses and suspension of the execution will not harm public interests; or
(3) where suspension of execution is required by the provisions of laws or
regulations.
Article 45
Administrative cases in the people's courts shall be tried in public,
except for those that involve state secrets or the private affairs of
individuals or are otherwise provided for by law.
Article 46
Administrative cases in the people's courts shall be tried by a collegial
panel of judges or of judges and assessors. The number of members of a
collegial panel shall be an odd number of three or more.
Article 47
If a party considers a member of the judicial personnel to have an
interest in the case or to be otherwise related to it, which may affect
the impartial handling of the case, the party shall have the right to
demand his withdrawal.
If a member of the judicial personnel considers himself to have an
interest in the case or to be otherwise related to it, he shall apply for
withdrawal.
The provisions of the two preceding paragraphs shall apply to court
clerks, interpreters, expert witnesses and persons who conduct inquests.
The withdrawal of the president of the court as the chief judge shall be
decided by the court's adjudication committee; the withdrawal of a member
of the judicial personnel shall be decided by the president of the court;
the withdrawal of other personnel shall be decided by the chief judge.
Parties who refuse to accept the decision may apply for reconsideration.
Article 48
If the plaintiff refuses to appear in court without justified reasons
after being twice legally summoned by the people's court, the court shall
consider this an application for the withdrawal of the suit; if the
defendant refuses to appear in court without justified reasons, the court
may make a judgment by default.
Article 49
If a participant in the proceedings or any other person commits any of the
following acts, the people's court may, according to the seriousness of
his offence, reprimand him, order him to sign a statement of repentance or
impose upon him a fine of not more than 1,000 yuan or detain him for not
longer than 15 days; if a crime is constituted, his criminal
responsibility shall be investigated:
(1) evading without reason, refusing to assist in or obstructing the
execution of the notice of a people's court for assistance in its
execution by a person who has the duty to render assistance;
(2) forging, concealing or destroying evidence;
(3) instigating, suborning or threatening others to commit perjury or
hindering witnesses from giving testimony;
(4) concealing, transferring, selling or destroying the property that has
been sealed up, seized or frozen;
(5) using violence, threats or other means to hinder the personnel of a
people's court from performing their duties or disturbing the order of the
work of a people's court; or (6) insulting, slandering, framing, beating
or retaliating against the personnel of a people's court, participants in
proceedings or personnel who assist in the execution of duties; A fine or
detention must be approved by the president of a people's court. Parties
who refuse to accept the punishment decision may apply for
reconsideration.
Article 50
A people's court shall not apply conciliation in handling an
administrative case.
Article 51
Before a people's court announces its judgment or order on an
administrative case, if the plaintiff applies for the withdrawal of the
suit, or if the defendant amends its specific administrative act and, as a
result, the plaintiff agrees and applies for the withdrawal of the suit,
the people's court shall decide whether or not to grant the approval.
Article 52
In handling administrative cases, the people's courts shall take the law,
administrative rules and regulations and local regulations as the
criteria. Local regulations shall be applicable to administrative cases
within the corresponding administrative areas. In handling administrative
cases of a national autonomous area, the people's courts shall also take
the regulations on autonomy and separate regulations of the national
autonomous area as the criteria.
Article 53
In handling administrative cases, the people's courts shall take, as
references, regulations formulated and announced by ministries or
commissions under the State Council in accordance with the law and
administrative rules and regulations, decisions or orders of the State
Council and regulations formulated and announced, in accordance with the
law and administrative rules and regulations of the State Council, by the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government, of the cities where the people's
governments of provinces and autonomous regions are located, and of the
larger cities approved as such by the State Council.
If a people's court considers regulations formulated and announced by a
local people's government to be inconsistent with regulations formulated
and announced by a ministry or commission under the State Council, or if
it considers regulations formulated and announced by ministries or
commissions under the State Council to be inconsistent with each other,
the Supreme People's Court shall refer the matter to the State Council for
interpretation or ruling.
Article 54
After hearing a case, a people's court shall make the following judgments
according to the varying conditions:
(1) If the evidence for undertaking a specific administrative act is
conclusive, the application of the law and regulations to the act is
correct, and the legal procedure is complied with, the specific
administrative act shall be sustained by judgment.
(2) If a specific administrative act has been undertaken in one of the
following circumstances, the act shall be annulled or partially annulled
by judgment, or the defendant may be required by judgment to undertake a
specific administrative act anew:
a. inadequacy of essential evidence;
b. erroneous application of the law or regulations;
c. violation of legal procedure;
d. exceeding authority; or
e. abuse of powers.
(3) If a defendant fails to perform or delays the performance of his
statutory duty, a fixed time shall be set by judgment for his performance
of the duty.
(4) If an administrative sanction is obviously unfair, it may be amended
by judgment.
Article 55
A defendant who has been judged by a people's court to undertake a
specific administrative act anew must not, based on the same fact and
reason, undertake a specific administrative act essentially identical with
the original act.
Article 56
In handling administrative cases, if a people's court considers the head
of an administrative organ or the person directly in charge to have
violated administrative discipline, it shall transfer the relevant
materials to the administrative organ or the administrative organ at the
next higher level or to a supervisory or personnel department; if a
people's court considers the person to have committed a crime, it shall
transfer the relevant materials to the public security and procuratorial
organs.
Article 57
A people's court shall pass a judgment of first instance within three
months from the day of filing the case. Extent of the time limit
necessitated by special circumstances shall be approved by a higher
people's court, extent of the time limit for handling a case of first
instance by a higher people's court, extent of the time limit for handling
a case of first instance by a higher people's court shall be approved by
the Supreme People's Court.
Article 58
If a party refuses to accept a judgment of first instance by a people's
court, he shall have the right to file an appeal with the people's court
at the next higher level within 15 days of the serving of the written
judgment. If a party refuses to accept an order of first instance by a
people's court, he shall have the right to file an appeal with the
people's court at the next higher level within 10 days of the serving of
the written order. All judgments and orders of first instance by a
people's court that have not been appealed within the prescribed time
limit shall be legally effective.
Article 59
A people's court may handle an appealed case by examining the court
records, if it considers the facts clearly ascertained.
Article 60
In handling an appealed case, a people's court shall make a final judgment
within two months from the day of receiving the appeal. Extent of the time
limit necessitated by special circumstances shall be approved by a higher
people's court, extent of the time limit for handling an appealed case by
a higher people's court shall be approved by the Supreme People's Court.
Article 61
A people's court shall handle an appealed case respectively according to
the conditions set forth below:
(1) if the facts are clearly ascertained and the law and regulations are
correctly applied in the original judgment, the appeal shall be rejected
and the original judgment sustained;
(2) if the facts are clearly ascertained but the law and regulations are
incorrectly applied in the original judgment, the judgment shall be
amended according to the law and regulations; or
(3) if the facts are not clearly ascertained in the original judgment or
the evidence is insufficient, or a violation of the prescribed procedure
may have affected the correctness of the original judgment, the original
judgment shall be rescinded and the case remanded to the original people's
court for retrial, or the people's court of the second instance may amend
the judgment after investigating and clarifying the facts. The parties may
appeal against the judgment or order rendered in a retrial of their case.
Article 62
If a party considers that a legally effective judgment or order contains
some definite error, he may make complaints to the people's court which
tried the case or to a people's court at a higher level, but the execution
of the judgment or order shall not be suspended.
Article 63
If the president of a people's court finds a violation of provisions of
the law or regulations in a legally effective judgment or order of his
court and deems it necessary to have the case retried, he shall refer the
matter to the adjudication committee, which shall decide whether a retrial
is necessary.
If a people's court at a higher level finds a violation of provisions of
the law or regulations in a legally effective judgment or order of a
people's court at a lower level, it shall have the power to bring the case
up for trial itself or direct the people's court at the lower level to
conduct a retrial.
Article 64
If the people's procuratorate finds a violation of provisions of the law
or regulations in a legally effective judgement or order of a people's
court, it shall have the right to lodge a protest in accordance with
procedures of judicial supervision.
Chapter VII Execution
Article 65
The parties must perform the legally effective judgment or order of the
people's court. If a citizen, a legal person or any other organization
refuses to perform the judgment or order, the administrative organ may
apply to a people's court of first instance for compulsory execution or
proceed with compulsory execution according to law. If an administrative
organ refuses to perform the judgment or order, the people's court of
first instance may adopt the following measures:
(1) informing the bank to transfer from the administrative organ's account
the amount of the fine that should be returned or the damages that should
be paid;
(2) imposing a fine of 50 to 100 yuan per day on an administrative organ
that fails to perform the judgment or order within the prescribed time
limit, counting from the day when the time limit expires;
(3) putting forward a judicial proposal to the administrative organ
superior to the administrative organ in question or to a supervisory or
personnel department; the organ or department that accepts the judicial
proposal shall deal with the matter in accordance with the relevant
provisions and inform the people's court of its disposition; and
(4) if an administrative organ refuses to execute a judgment or order, and
the circumstances are so serious that a crime is constituted, the head of
the administrative organ and the person directly in charge shall be
investigated for criminal responsibility according to law.
Article 66
If a citizen, a legal person or any other organization, during the period
prescribed by law, neither brings a suit nor carries out the specific
administrative act, the administrative organ may apply to a people's court
for compulsory execution, or proceed with compulsory execution according
to law.
Chapter IX Liability for Compensation for Infringement of Rights
Article 67
A citizen, a legal person or any other organization who suffers damage
because of the infringement upon his or its lawful rights and interests by
a specific administrative act of an administrative organ or the personnel
of an administrative organ, shall have the right to claim compensation.
If a citizen, a legal person or any other organization makes an
independent claim for damages, the case shall first be dealt with by an
administrative organ. Anyone who refuses to accept the disposition by the
administrative organ may file a suit in a people's court. Conciliation may
be applied in handling a suit for damages.
Article 68
If a specific administrative act undertaken by an administrative organ or
the personnel of an administrative organ infringes upon the lawful rights
and interests of a citizen, a legal person or any other organization and
causes damage, the administrative organ or the administrative organ to
which the above-mentioned personnel belongs shall be liable for
compensation.
After paying the compensation, the administrative organ shall instruct
those members of its personnel who have committed intentional or gross
mistakes in the case to bear part or all of the damages.
Article 69
The cost of compensation shall be included as an expenditure in the
government budget at various levels. The people's governments at various
levels may order the administrative organs responsible for causing the
compensation to bear part or all of the damages. The specific measures
thereof shall be formulated by the State Council.
Chapter X Administrative Procedure Involving Foreign Interests
Article 70
This Law shall be applicable to foreign nationals, stateless persons and
foreign organizations that are engaged in administrative suits in the
People's Republic of China, except as otherwise provided for by law.
Article 71
Foreign nationals, stateless persons and foreign organizations that are
engaged in administrative suits in the People's Republic of China shall
have the same litigation rights and obligations as citizens and
organizations of the People's Republic of China. Should the courts of a
foreign country impose restrictions on the administrative litigation
rights of the citizens and organizations of the People's Republic of
China, the Chinese people's courts shall follow the principle of
reciprocity regarding the administrative litigation rights of the citizens
and organizations of that foreign country.
Article 72
If an international treaty concluded or acceded to by the People's
Republic of China contains provisions different from those found in this
Law, the provisions of the international treaty shall apply, unless the
provisions are ones on which the People's Republic of China has announced
reservations.
Article 73
When foreign nationals, stateless persons and foreign organizations
appoint lawyers as their agents ad litem in administrative suits in the
People's Republic of China, they shall appoint lawyers of a lawyers'
organization of the People's Republic of China.
Chapter XI Supplementary Provisions
Article 74
A people's court shall charge litigation fees for handling administrative
cases. The litigation fee shall be borne by the losing party, or by both
parties if they are both held responsible. The procedure for the charging
of litigation fees shall be specified separately.
Article 75
This Law shall come into force as of October 1, 1990.

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