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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

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(Draft) Administrative Procedure Law amendment provisions Source: China National People's Congress Net December 31, 2013

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Twelfth National People's Congress first considered the sixth meeting of the "PRC Administrative Litigation Law Amendment (Draft)." Now the "PRC Administrative Procedure Law Amendment (Draft)" in Chinese NPC network announced to the public for comments. You can log in directly to the public

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network Chinese National People's Congress ( www.npc.gov.cn ) advice, you can

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also send comments Legislative Affairs Commission of the NPC Standing

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Committee (Qianmen West Street, Xicheng District 1, Post Code: 100805 on the envelope. Please specify the draft amendment to the Administrative Procedure Law for comments). Send your feedback Deadline: January 30, 2014.

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The Administrative Procedure Law Amendment (Draft) First, the first amended as follows:. "To ensure people's courts fair and timely handling of administrative cases, to protect the legitimate rights and interests of citizens, legal persons and other organizations, monitor the

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executive duties according to law, this law is enacted in accordance with the

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Constitution."

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Second, the second is added as the second paragraph: "The aforesaid

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administration, including authorization tissue specific administrative act in accordance with laws and regulations." Third, be added as Article III: "people's court shall protect the right

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to sue citizens, legal persons or other organizations, for administrative cases shall accept admissible by law. "The executive must not interfere, obstruct the people's court accepts an administrative case. Respondent administrative organ shall responding law." Fourth, Article 11 is changed to Article XII, the first paragraph is amended as: "People's Court accepted the citizens, legal persons or other organizations filed a lawsuit following: "(A) administrative detention, temporary suspension or revocation of a

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permit or license, ordered to cease and confiscate the illegal income, confiscate illegal property, fines, warnings and other administrative penalties refuses to accept; "(B) restrictions on personal freedom or seizure of property, seizure, freezing and other administrative measures and administrative enforcement of compulsory refuses to accept; "(C) the application for administrative license, the administrative organ refuses or fails to respond, or the right to grant, change, renewal, revocation, withdrawal, cancellation of licenses and other administrative dissatisfied with the decision; "(D) the application for administrative authorities to fulfill their statutory duties to protect the legitimate interests of personal rights, property rights, the administrative organ refuses to perform or fails to respond; "(E) administrative organ is considered violations of the right to use its ownership or legally entitled to land, minerals, water, forests, mountains, grasslands, wastelands, beaches, waters and other natural resources; "(F) administrative organ is considered violations of their operational autonomy or rural land contract management rights; "(G) administrative organ is considered abuse of administrative power to eliminate or restrict competition; "(H) administrative organ is considered illegal fund-raising, the expropriation of property, the law requires apportion costs or fulfill other obligations; "(I) administrative organ is considered legally issued no pension or pay the minimum living allowance, social insurance benefits; "(J) administrative organ is considered violations of the legitimate interests of other personal rights, property rights, etc.." Fifth, an increase of two, as Article XIV, Article 66: "Article XIV of citizens, legal persons or other organizations considered normative documents on the basis of the specific administrative act of the State Council departments and local governments and their departments to develop regulations other than illegal, when the specific administrative act litigation, can be request a review of the regulatory documents. "Article 66 People's Court in handling administrative cases, regulatory documents found in the provisions of Article 14 are not legitimate, do not identify the specific administrative act as a legal basis, and should be transferred to competent authorities according to law." Six, Article 13 is changed to Article 16 is added as the second www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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paragraph: "Higher People's Court to determine a number of grassroots people's courts across administrative region under the jurisdiction of first instance administrative cases." Seven, Article 14 to Article 17 is amended as: "Intermediate People's Court of first instance administrative cases under the jurisdiction of the following: "(A) patent, trademark rights cases and cases handled by the Customs; "(B) specific administrative acts of the various departments of the State Council or local people's governments above the county level made suits against; "(C) within the jurisdiction of a major, complex cases." Eight, will Diershitiao to Article 23, amended as follows:. "cases two or more people's courts have jurisdiction, the plaintiff can choose one of the plaintiffs filed a lawsuit to the people's courts have jurisdiction over more than two People's Court, the jurisdiction of the People's Court of first filing. " Nine, Article 23 to Article 26 will be amended as: "the higher people's court of first instance has jurisdiction to hear administrative cases under the jurisdiction of the lower court. "A people's court of first instance administrative jurisdiction over a case that needs to be heard by the higher people's court or designated jurisdiction, may report to the people's court to decide." X. Article 24 to Article 27, first paragraph is amended as: "counterpart specific administrative act, and other citizens, legal persons or other organizations with an interest in the specific administrative act, as the plaintiff is entitled to proceedings. " XI, Article 25 will be changed to Article 28, added as the third paragraph: "reconsideration organ within the statutory time limit did not make a reconsideration decision, citizens, legal persons or other organizations sued the original specific administrative act , made the original specific administrative act shall be the defendant; prosecution reconsideration organ omission, reconsideration organ is accused. " The fourth paragraph to fifth one, which amended as follows:. "Specific administrative act made by the organization's executive commission, the executive commission of the defendant." The fifth paragraph is changed, paragraph 6, amended as follows:. "Administrative organ has been revoked or changed terms, continue to exercise its powers of executive authorities accused" XII is added as Article 30: "The number one of the many parties joint action can be elected by party representatives litigation proceedings effectiveness of its behavior occurs representative parties represented, but www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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the modification or waiver. claims must be agreed by the parties to be represented. " XIII, Article 27 to Article 31 will be amended as: "Citizens, legal persons or other organizations with an interest in the specific administrative acts but did not sue, or with an interest in the results of the case , you can participate in the proceedings as a third party application or notification by the people's court proceedings. "People's Court obligations third person, the right to appeal in accordance with law." XIV, Article 29 will be changed to Article 33, second paragraph is revised as follows: "The following persons may be appointed as legal representatives: "(A) lawyers, grassroots legal service workers; "(B) close relatives or staff of the parties; "(C) the party's own communities, units, and relevant social groups recommended citizens." Fifteen, will be changed to Article 30 Article 34, amended as follows:. "litigation attorney, according to the provisions consult and copy material pertaining to the case, the relevant organizations and citizens can investigate and collect evidence involving state secrets , commercial secrets and personal privacy materials in accordance with the law shall be confidential. "By the people's court, the parties and other agents can view, copy, court case materials, except for those involving state secrets, commercial secrets and personal privacy." Sixteen, the Article 31 to Article 35, first paragraph is amended as: "The evidence includes: "(A) documentary evidence; "(B) evidence; "(C) audiovisual materials; "(D) electronic data; "(E) the testimony of witnesses; "Statement (f) of the parties; "(G) expert opinion; "(H) records of inquests on the scene." Seventeen, will be replaced by Article 32 Article 36 is added as the second paragraph: "The defendant does not offer or provide evidence of unjustified overdue deemed no corresponding evidence, however, the specific

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administrative. conduct involving the legitimate interests of the third party, the third party other than the People's Court to give evidence or to obtain evidence of the law. " Eighteen, Article 33 will be changed to Article 37, amended as follows:. "In the course of the proceedings, the defendants and their legal representatives shall themselves to the plaintiff, the third gathering of evidence and witnesses." Nineteen, increased three, as Article 38, Article 39, Article 40: "Article 38 of the following circumstances, the people's court permitted the defendant may supplement the evidence: "(A) The defendant in the specific administrative act has collected evidence, but the force majeure and other legitimate reasons can not provide; "(B) the plaintiff or the third party presents its reasons or evidence not raised in the administrative process. "Article 39 of the plaintiff to provide proof of the specific administrative act as illegal evidence. Evidence provided by the plaintiff is not established, the burden of proof does not absolve the defendant. "Article 40 of the defendants in the prosecution of cases of noncompliance with statutory duties, the plaintiff must provide evidence of its application to the defendant but excluding the following circumstances: "(A) The defendant shall be ex officio initiative to fulfill statutory duties; "(B) because the plaintiff can not provide evidence of legitimate reasons. "In the case of executive compensation and executive compensation law, the damage to the plaintiff caused by a specific administrative act shall provide evidence leading to the plaintiff because the defendant's reasons for not proof, the burden of proof to the defendant." Twenty, Article 34 will be changed to two, as Article 41, Article 42, amended as follows: "Article 41 the right to request the people's court or the parties to provide additional evidence. "Article 42 The people's court is entitled to the relevant administrative authorities and other organizations or citizens to obtain evidence, but not to prove the legality of the transfer of a specific administrative act made by the defendant when evidence of a specific administrative act is not collected." Twenty-one, is added as Article 43: "The following evidence related to the case, the plaintiff or a third party can not collect on their own, you can apply to court for the transfer of: www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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"(A) shall be kept by the state organs and people's courts and obtained evidence; "(B) involving state secrets, commercial secrets and personal privacy of the evidence; "(C) is indeed due to objective reasons can not own other evidence collected." XXII, added as Article 45: "The evidence should be presented in court and cross-examined by the parties of the evidence involving state secrets, commercial secrets and personal privacy, shall not presented in an open hearing. "People's court shall, in accordance with legal procedures, comprehensively and objectively examine evidence. Adoption of evidence should not justified. "Evidence obtained by illegal means, as the facts of the case shall be based on." Twenty-three, added as Article 49: "Citizens, legal persons or other organizations to apply for administrative authorities to fulfill their statutory duties to protect the legitimate interests of personal rights, property rights, the administrative organ of the date of receipt of the application within two months non-performance, the citizens, legal persons or other organizations may sue. laws and regulations of the term of the executive duties otherwise prevail in the people's court. "Citizens, legal persons or other organizations in an emergency request administrative organs perform their statutory duties to protect the legitimate rights and interests of their personal rights, property rights, the administrative authority does not perform, the limitation period is not restricted in the preceding paragraph." XXIV Article 40 to Article 50 will be amended as: "Citizens, legal persons or other organizations due to force majeure or other reasons does not belong to the party itself over the prosecution period, the delay time is not counted in the limitation period inside. because freedom can not be restricted to sue, liberty restricted time period is not counted in the prosecution. "Citizens, legal persons or other organizations sued because of other special circumstances delay period, within ten days after the obstacle is removed, you can apply for an extension period, the decision whether to grant the people's court." XXV, increased two, as Article 51, Article 52: "Article 51 shall submit the complaint to prosecute the people's court, and made a copy of defendants. "Writing is truly difficult indictment, the prosecution may be made www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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orally, by the people's court record, which shall issue a written certificate dated, and inform the other party. "Article 52 The people's court shall be registered at the time of receipt of the complaint on the spot and issue a written certificate dated. Complaint is lack or have other errors, should be given clear guidance and interpretation, and one-time inform the parties compensation shall not be clear that without the guidance and interpretation in order to be accepted by the prosecution does not meet the conditions. Executive officer "for not receiving the complaint, does not issue a written certificate after receiving the complaint, and the complaint is not a one-time correction of content to inform the parties, the parties may file a complaint to the higher people's court, the higher people's court shall order rectification, and is directly responsible for and other directly responsible personnel shall be punished according to law. " XXVI, will be 41 to Article 53, the first amended as follows: "The plaintiff is in line with citizens, legal persons or other organizations specified in Article 27 of this Law." XXVII, will be replaced by Article 42 Article 54 is amended as: "the prosecution in line with the provisions of Article 53 of this Law, the people's court shall, within seven days from the date of receipt of the complaint or an oral complaint filing, and notify the parties; do not meet the conditions for prosecution, the ruling should be made within seven days, ruled inadmissible grounds of inadmissibility shall indicate the plaintiff, dissatisfied, he may appeal.. "People's Court within seven days neither initiate nor make a ruling, the parties may higher people's court. Previous level People's Court that meets the conditions for prosecution shall be filed, heard, or you can specify other lower court filing , hear. " Xxviii, the seventh chapter is divided into five sections, increasing the section name, states: "Section I. General Provisions", the content of Article 55 to Article 66; "Section ordinary procedure of first instance ", says Article 67 to Article 78;" Section Summary ", the content of Article 79, Article 80;" fourth procedure of second instance, "the contents of the first eighty-one to Article 85; "Section V trial supervision program", the content of Article 86 to Article 89. Twenty-nine, Article 43 will be changed to Article 67, first paragraph is amended as:. "people's court shall, within five days from the date of filing will be sent a copy of the complaint accused the defendants should receive the complaint Copies of fifteen days from the date of submission of evidence and the specific administrative act is based on the people's court of normative documents and submit his defense. people's court shall within five days from the date of receipt of the pleadings, the plaintiff will send a

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copy of the pleadings . " Thirty, will be replaced by Article 44 Article 58 is amended as: "During the proceedings, does not stop the execution of the specific administrative act, but one of the following circumstances, the decision to stop the implementation of the specific administrative act: "(A) the defendant that need to stop execution; "(B) the plaintiff or any interested party applications stop the execution, the court considers the implementation of the specific administrative act would cause irreparable damage, and do not stop harming national interests, public interests; "(C) The Court held that the implementation of the specific administrative act will cause to the national interests, public interests of significant harm; "(D) the laws and regulations to stop execution. "Parties to stop or not to stop the implementation of the Executive refuses to accept the decision, you can apply for reconsideration once." XXXI, will be replaced by Article 45 Article 55, added as the second paragraph: "in cases involving trade secrets, the parties do not apply for a public hearing can be heard in public." XXXII, added as Article 59: "The People's Court issued the law did not sue the executive pensions, the minimum living expenses and to pay employees, medical social insurance cases, rights and obligations clear, do not be thoroughly execution will seriously affect the life of the plaintiff, according to the plaintiff's application, ruling advance execution. "The parties to the prior execution satisfied with the order, may apply for reconsideration once during the reconsideration determination not to stop the execution." Xxxiii, Article 48 will be changed to Article 60, amended as: "the people's court subpoena, plaintiff refused to appear in court without good reason, without the leave of the court or withdraws from, you can follow the withdrawal processing; The defendant refused to appear in court without justification, without the leave of the court or withdraws from, a judgment by default. " Thirty-four, Article 49 to Article 61 will be revised as follows: "or any other person involved in the proceedings of the following acts, the people's court may, according to the seriousness of reprimand, a statement of repentance or at a fine of less than 15 days following the detention; constitutes a crime, be held criminally responsible: "(A) the obligation to assist in the investigation, people perform, assist in the investigation of the People's Court decided to assist the implementation of the notice evading without reason, refuse or hinder www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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implementation; "(B) the defendant was served with a summons to appear in court without good reason refuses or withdraws from without court permission; "(C) forgery, concealing or destroying evidence, hinder people's court hearing the case; "(D) instigating, suborning perjury or threaten others, to prevent a witness to testify; "(E) concealing, transferring, selling or destroying been confiscated, seized or frozen assets; "(F) to violence, threats or other means to hinder the people's court staff to perform their duties or disturbing people's court order; "(7) to the People's Court staff, participants in the proceedings, assist in the execution insult, slander, inspectors, or retaliation. "People's Court on one's behavior in the preceding paragraph units that can be its main person responsible or the persons directly responsible in accordance with the preceding paragraph, fines, detention; constitutes a crime, be held criminally responsible. "Fines, detention must be approved by the People's Court. Parties refuses to accept the next higher level people's court for reconsideration. During the reconsideration does not stop running." Thirty-five, Article 50 will be changed to Article 62, amended as follows:. "People's Court administrative cases, mediation does not apply, however, to give the executive compensation and executive compensation law, other than the case." XXXVI, added as Article 63: "In administrative proceedings, the parties to apply due to the specific administrative act together to resolve civil disputes affecting civil rights and obligations arising from the people's court hearing can be a people's court decision. and hearing, the parties shall file a lawsuit again the civil dispute. "The parties to the dispute a ruling made by the executive refuses to accept civil administrative proceedings, the court upon application of a civil dispute can be heard. "In administrative proceedings, the court held that the administrative cases, the people need to hear a civil action based on the referee ruled discontinue administrative proceedings." Thirty-seven, will be replaced by Article 53 Article 65, paragraph 3 is amended as: "People's Court administrative cases, reference to regulations; consider inconsistencies between the regulations by the State Council, the Supreme Court ruling, please send . " Thirty-eight, Article 54 will be changed to six, as Article 68, Article www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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69, Article 71, Article 72, Article 73, Article 74 revised as follows: "Article 68 of the specific administrative act evidence, applicable laws, regulations correctly, in line with legal procedures, or the plaintiff requested the defendant to perform their duties is untenable, the people's court dismissed the plaintiff's claim. "Article 69 of the specific administrative act of the following circumstances, the people's court revoked or partially revoked, and can be re-sentence the defendant to make a specific administrative act: "(A) the main evidence insufficient; "(B) applicable laws, regulations wrong; "(C) violation of legal procedures, and may have a real impact on the plaintiff's rights; "(D) beyond the authority; "(E) abuse. "Article 71 The People's Court after the hearing, identifying the defendant fails to perform or delay in performing its statutory duties, sentence the defendant to perform within a certain period. "Article 72 The People's Court after the hearing, the identification of the defendant bears obligation of law, sentence the defendant to fulfill payment obligations. "Article 73 of the following circumstances, the people's court to confirm the specific administrative act as illegal or invalid: "(A) the specific administrative act it shall be a judgment revoked, but the revocation of the specific administrative act will cause to the national interests, public interests of significant harm; "(B) the specific administrative act it shall be the decision to withdraw, but does not have to withdraw content; "(C) the specific administrative act in violation of procedure, but did not have a real impact on the plaintiff's rights; "(D) the defendant fails to perform or delay in performing its statutory duties should fulfill the judgment, but the ruling has no sense of fulfillment; "(E) the revocation or modification of the original defendants unlawful specific administrative act, the plaintiff is not withdrawal, still requires the original specific administrative act made unlawful sexual recognized; "(F) the plaintiff specific administrative act is invalid on the grounds established. When the "People's Court ruling in the preceding paragraph, you can also order the defendant to judgment remedy; damage caused to the plaintiff, shall www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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sentence the defendant to bear the liability. "Article 74 of the administrative sanction is obviously unfair, or other specific administrative acts involving considered in determining the amount or definite error, the court can make a decision to change. "People's Court changes may not increase or decrease the plaintiff's obligation to the plaintiff's interests, but interested parties with the plaintiff, and the claims except the opposite." Thirty-nine, increased two, as Article 75, Article 76: "Article 75 People's Court heard in public or non-public trial, shall be pronounced publicly. "Sentencing court, it shall be sent within ten days of the judgment; regularly pronounced, issued the verdict immediately after sentencing. "When a judgment is pronounced, the parties must be informed of the right to appeal, the Court of Appeal and the appeal period. "Article 76 of the public can access the legally effective judgment, ruling, but it involves state secrets, commercial secrets and personal privacy." Forty two increases, as Article 79, Article 80: "Article 79 The People's Court the facts are clear, the rights and obligations clear, not much controversy following the first instance administrative cases, you can apply a simple procedure: "(A) the specific administrative acts are legally made on the spot; "(B) in cases involving amounts less than one thousand yuan; "(C) the parties agree to the application of summary procedure. "Remand, in accordance with the procedure for trial supervision retrial of the case does not apply summary procedure. "Article 80 of the executive summary procedure cases heard by a single judge alone and the trial and should be concluded within 45 days from the day of filing." Forty-one, Article 59 will be changed to Article 82, amended as follows:. "People's Court on appeal shall form a collegial panel hearing after scoring, investigation and asked the parties for no new facts, evidence or reason, the Full Court saw no need to conduct a trial, the trial can not. " Forty-two, added as Article 83: "People's Court of Appeal case, should the judgment of the trial court's ruling and the specific administrative conduct a comprehensive review." Forty-three, Article 61 to Article 85 will be amended as: "the people's court of appeals, in accordance with the following conditions, namely treatment: www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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"(A) the original judgment the facts are clear, applicable laws, regulations, correct judgment dismissed the appeal and upheld the original judgment; "(B) The original judgment error of fact or applicable law or regulations, shall be commuted, withdrawn or changed; "(C) the original verdict basic facts are unclear, insufficient evidence, and sent back to the trial court retrial, after ascertaining the facts or commuted; "(D) the parties or omission of the original judgment default judgment and other serious violations of the law of statutory procedures, judgment shall be rescinded, sent back to the trial court for retrial. After the "trial court remanded the case to the judgment, the parties filed an appeal, the people's court of second instance shall be remanded again. "People's Court of Appeal case, you need to change the original judgment, the defendant shall also specific administrative act on the judgment." Forty-four, Article 62 will be changed to Article 86, amended as follows: "The parties that a legally effective judgment, ruling that indeed there is an error, you can up a people's court for retrial, but the ruling ruling does not stop the execution. " Forty-five, added as Article 87: "Application of the parties meet one of the following circumstances, the people's court shall retrial: "(A) shall not accept or reject the suit is definitely wrong; "(B) there is new evidence, sufficient to overturn the original judgment or ruling; "(C) the original judgment or evidence of facts not true, is not sufficient, without cross-examination or the Department of forged; "(D) the original judgment or applicable laws, regulations indeed wrong; "(E) proceedings in violation of the law, which may affect a fair trial; "(F) the original judgment or omissions litigation requests; "(G) According to the original judgment, ruling legal instrument is revoked or changed; "(H) the judicial officers in adjudicating the case of embezzlement, bribery, favoritism, capricious and arbitrary behavior." Forty-six, will be replaced by Article 63 Article 88 is amended as: "People's Court at all levels of the hospital has a legally effective judgment, ruling, found that indeed there is an error that needs retrial, shall be submitted to the judicial committee for discussion and decision. "Local people's courts at all levels of the Supreme Court has the legal www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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effect of the judgment, ruling, the higher people's court of the lower court's ruling has the force of law, ruling that there was found wrong, the right to command the lower court arraignment or retrial . " Forty-seven, Article 64 will be changed to Article 89, amended to read: "Supreme People's Procuratorate of the People's courts at all levels have a legally effective judgment, ruling People's Procuratorate, the higher people's courts at lower levels has taken legal effect judgment, ruling, found that one of the circumstances specified in Article 87 of this Law, it shall lodge a protest. "The local people's procuratorate at any level People's Court has a legally effective judgment, ruling, found that one of the circumstances specified in Article 87 of this Law, can make recommendations to the Attorney General the same level People's Court, People's Procuratorate reported to superiors filing; may also be brought to a higher level People's Procuratorate of the People's Court made a protest to the same level. "The local people's procuratorate at the trial proceedings for violations other than trial supervision program officer in the trial, the right to make recommendations to the Attorney General the same level People's Court." Forty-eight, Article 65 will be changed to three, as Article 90, Article 91, Article 92: "Article 90 The parties must fulfill the people's court legally effective judgment or order, mediation. "Article 91 of citizens, legal persons or other organizations to refuse to perform the judgment or order, mediation, the administrative organ or a third person may apply to the people's court of first instance to enforce, or by the executive to enforce the law. "Article 92 The administrative organ refuses to perform the judgment, the mediation of the book, the people's court of first instance can take the following measures: "(A) the amount of fines to be paid should be returned or notify the bank account to transfer from the administrative organ; "(B) is not fulfilled within the prescribed period, commencing from the date of expiry of an administrative organ to a daily fine of fifty to one hundred yuan of; "(C) The administrative organ refuses to fulfill the conditions to be announced; "(D) to the administrative or supervisory organ of the executive, judicial personnel department made recommendations to accept the proposed judicial authorities, processed according to the relevant regulations, court cases and inform the people.; "(E) refusing to comply with the judgment, ruling, mediation, adverse www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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social impact, can charge and other directly responsible personnel directly responsible for the executive detention; serious enough to constitute a crime, be held criminally responsible." Forty-nine, will be changed to Article 67 Article 15 is amended as: "Citizens, legal persons or other organizations consider specific administrative violations of the legitimate rights and interests, causing damage to the right to follow" State Compensation Law of the PRC "The provisions of the request for compensation." Fifty added as Article 97: "People's Court administrative cases, the provisions of this Act does not apply" PRC Civil Procedure Law "the relevant provisions." Fifty-one, deleting Article 35, Chapter IX chapter names, Article 68, Article 69, Article 72. Chapter and provisions relating to the Administrative Procedure Law number corresponding adjustment in accordance with the amendment.

Attachment : "People Administrative Procedure Law " before and after correction table

About the "PRC Administrative Procedure Law Amendment (Draft) "description Administrative Procedure Law in 1989 and was the second meeting of the Seventh National People's Congress passed in 1990 was 10 May 1, the date of implementation. This law is called "people suing government officials," the provisions of the basic rules of administrative proceedings, since the implementation of the resolution of administrative disputes, promoting administration according to law, the protection of citizens, legal persons and other organizations, etc., play an important role . Meanwhile, with the deepening of socialist democracy and legal construction progresses, the administrative litigation system incompatible with social and economic development, suited to the problem has become more prominent. "Filing difficult, difficult trial, perform difficult" and other outstanding problems of the people present in the administrative proceedings reflect the strong. To address these outstanding issues, to adapt to the rule of law, governing law, to jointly promote administration according to law, the new requirements of the rule of law, rule of law and government, the rule of law one of the construction, it is necessary to amend the Administrative Procedure Law to be perfect. In recent years, many NPC deputies and parties continue to propose amendments to the Administrative Procedure Law of the comments and suggestions. Legislative Affairs Commission from 2009 onwards started research work to modify the Administrative Procedure Law, went to Shandong, Hunan and other places to conduct research , to listen to the grassroots www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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people's courts, opinions and suggestions of local government departments. Take the case to attend, scoring, sent to the front line administrative trial toured a variety of ways to understand the situation of administrative litigation practice. Held a State Council departments, academics and lawyers forum to listen to opinions. This year 11 months and twice held 17 provinces, autonomous regions and municipalities directly under the NPC legal institutions, seminars government legal departments, people's courts and people's procuratorate to participate. Third Plenum of the Party in accordance with the spirit and opinions of eighth aspects, modification work to the following points: First, to maintain the authority of the administrative litigation against the reality of the outstanding issues, emphasizing the legal security of citizens, legal persons and other organizations right of action; Second, adhere to the basic principles of administrative litigation system, maintaining law and the exercise of the executive power of citizens, legal persons and other organizations seeking judicial relief channel flow balance, safeguard the people's courts exercise judicial power independently; Third, proceed from reality, the progressive improvement; four is a summary of the administrative trial practice experience, the proven useful experience in law. Terms of communication and consultation with the Supreme Court by the State Council Legislative Affairs Office, etc., repeated studies, the full argument and obtain a basic consensus on the basis of the formation of the Administrative Procedure Law Amendment (Draft). The main problem is now described on the following: First, to protect the rights of the parties with respect to litigation Administrative litigation facing "three difficult", the most prominent is the filing difficult. Citizens, legal persons or other organizations and government agencies and their staff disputes, administrative authorities unwilling defendant, courts are reluctant to accept, leading to many disputes should be resolved through litigation petition into the channels formed in some places, "not the letter of law." situation. Administrative proceedings for the smooth entry, the parties proposed to improve the protection of the right to appeal from five aspects: 1. clear people's courts and administrative authorities shall safeguard the rights of the parties sued. Increased requirements: the people's court shall guarantee the right to sue citizens, legal persons or other organizations, for administrative cases shall accept admissible by law. Administrative organ shall intervene hinder people's court accepts an administrative case. Respondent administrative organ shall responding law. (Draft Amendment Article) 2. expanding case range. Ownership or the right to use the executive violated citizens, legal persons or other organizations are legally entitled to land, minerals, water, forests, mountains, grasslands, wastelands, beaches, waters and other natural resources, the administrative organ of rural land contract and management rights violations, administrative www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

authorities illegal fund-raising, the expropriation of property, assessed costs, administrative authorities do not pay the minimum living allowance in accordance with law or social insurance benefits, etc. into the scope. (Draft Amendment Article) 3. clear oral complaint can facilitate the parties to exercise their right to appeal. Increased provisions: Prosecution shall submit the complaint to the People's Court, and made copies of defendants. Written complaint has difficulty can be a verbal prosecution, the people's court record, which shall issue a written certificate dated, and inform the other party. (Article 25 of the draft amendments) 4. strengthen acceptance program constraints. Increased requirements: First, the people's court shall be registered at the time of receipt of the complaint on the spot and issue a written certificate dated. Complaint is lack or have other errors, should be given clear guidance and interpretation, and one-time compensation inform the parties. Interpretation shall not, without the guidance and that the prosecution does not meet the conditions of the grounds will not be accepted. Second, the prosecution meet the conditions, the court shall receive the complaint or an oral complaint within seven days from the date of filing, and notify the parties; do not meet the conditions for prosecution, the ruling should be made within seven days inadmissible. Grounds of inadmissibility ruling shall specify. The plaintiff is dissatisfied, he may appeal. Third, neither the people's court filing within seven days, refusing to make a ruling, the parties may higher people's court. On a People's Court that meets the conditions for prosecution shall be filed, heard, or you can specify other lower court filing, trial. (Article 25 of the draft amendment, Article 27) 5 People's Court expressly corresponding responsibility. Increased provisions: For not receiving the complaint, does not issue a written certificate after receiving the complaint, and the complaint is not a onetime correction of content to inform the parties, the parties may file a complaint to the higher people's court, the higher people's court shall order rectification, and is directly responsible charge and other directly responsible personnel shall be punished. (Article 25 of the draft amendments) Second, on the right with a review of regulatory documents In practice, some of the specific administrative violations of citizens, legal persons or other organizations of the legitimate rights and interests, local governments and their departments to develop normative documents such as ultra vires the provisions of the dislocation caused. To reduce illegal fundamentally specific administrative act may apply to citizens, legal persons or other organizations to normative regulations of the following documents will be attached to the review should examine the specific administrative act by the courts, not legitimate, transfer the right to authorities. This is consistent with the basic principles of our Constitution www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

and the law relating to the NPC for the Government, its departments and the lower levels of government oversight, but also conducive to correct problems related to illegal normative documents. The proposed increase in provisions: First, citizens, legal persons or other organizations considered normative documents on the basis of the specific administrative act of the State Council departments and local governments and their departments to develop regulations outside the unlawful acts when the specific administrative proceedings, can a and to request a review of the regulatory documents. Second, the people's courts in handling administrative cases, found out that the normative documents not legitimate, do not identify the specific administrative act as a legal basis, and should be transferred to competent authorities according to law. (Draft Amendment Article) Third, with regard to the jurisdiction of the system to improve Current Administrative Procedure Law provides that the jurisdiction of the grassroots people's courts of first instance administrative cases. In order to solve the difficult problem of the administrative case to reduce local government administrative intervention trial, at the conclusion on the basis of current practice, in accordance with the spirit of the Third Plenary Session of the Party's eighth jurisdiction on exploration system appropriate to establish a separate administrative divisions, the proposed increased requirements: First, the Higher People's Court can determine the number of grassroots people's courts across administrative region under the jurisdiction of first instance administrative cases. Second is the specific administrative act by local people's governments above the county level sue cases governed by the Intermediate People's Court. (Article VI of the draft amendment, Article VII) Fourth, improve the participants in the proceedings on the system 1. clear standing. Provisions of the Administrative Procedure Law in force on the plaintiff qualification comparison principle. In practice, some of the administrative lawsuit plaintiffs who only understood as a relatively specific administrative act, excluding other interested parties. Proposal is clear: the specific administrative act counterpart and other citizens, legal persons or other organizations with an interest in the specific administrative act, as the plaintiff is entitled to sue. (Draft amendment of Article X) 2 The defendant further clarify eligibility. According to practical needs, the proposed increase in provisions: First reconsideration organ within the statutory time limit did not make a reconsideration decision, citizens, legal persons or other organizations sued the original specific administrative act, the administrative organ of the original specific administrative act of the defendant; prosecution reconsideration organ omission , the reconsideration organ is the defendant. Second, the administrative organ changes, continue to exercise its powers of www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

administrative organs defendant. (Amendments to the draft Article XI) 3. increased litigation representative system. The existing provisions of the Administrative Procedure Law, a joint action, but the provisions of litigation representative system. In order to improve judicial efficiency, we recommend referring to the Civil Procedure Law, the following stipulations: the number of one of the many parties to a joint action, the representative may be elected by the party litigation. Litigation behavior occurs representative parties represented their effectiveness, but modification or waiver of claims, must be agreed to by the representatives of the parties. (Draft Amendment Article XII) 4 refinement third party system. Current administrative procedure law provisions relating to third party is more principle. In practice, the case of administrative proceedings involving third-party interests gradually increased, to improve the system in favor of a third party to resolve administrative disputes. Proposed that: citizens, legal persons or other organizations with an interest in the specific administrative acts but did not sue, or with an interest in the outcome of the case, may participate in the proceedings as a third party application or notification by the people's court proceedings. People's Court obligations third person legally entitled to appeal. (Draft Amendment Article XIII) Fifth, on improving the evidence system The existing provisions of the Administrative Procedure Law of the evidence is relatively simple, it is recommended summarizes current practices, make the following additional changes: 1. clear proof of the consequences of not accused overdue. Against the defendant without proof or evidence of delays, the increase in provisions: the defendant does not offer or provide evidence of unjustified overdue deemed no corresponding evidence. However, the specific administrative acts involving the legitimate interests of the third party, the third party other than the People's Court to give evidence or to obtain evidence of the law. (Draft Amendment Article 17) 2. improve the defendant's burden of proof system. Provisions of the Administrative Procedure Law in force during the proceedings, the defendant shall collect evidence from the plaintiff and witnesses. In order to ascertain the facts, to increase provisions: In both cases, the people's court permitted the defendant may supplement the evidence, one defendant in the specific administrative act has collected evidence, but the force majeure and other legitimate reasons can not provide; Second plaintiff or a third person made it no reason or evidence presented in the administrative process. (Draft Amendment Article XIX) 3. clear the burden of proof of the plaintiff. Existing administrative procedural law does not require the plaintiff's burden of proof. However, in

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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

some cases, if the plaintiff does not prove, it is difficult to ascertain the facts, to make the right judge. Therefore, the plaintiff must bear the burden of increased provisions: in the prosecution of the defendant does not fulfill the statutory duties of the cases, the plaintiff must provide evidence of its application to the defendant. In the case of executive compensation and executive compensation law, the damage to the plaintiff caused by a specific administrative act shall provide evidence. For reasons not the defendant caused the plaintiff's burden of proof, the burden of proof to the defendant. (Draft Amendment Article XIX) 4. improve the people's court system to obtain evidence. In order to regulate people's court to obtain evidence upon application behavior, increased requirements: the following evidence related to the case, the plaintiff or a third party can not collect on their own, you can apply to court for the transfer of, first, the preservation of national authorities and by the people's court tune Evidence taken; Second, involving state secrets, commercial secrets and personal privacy of the evidence; third is other evidence indeed due to objective reasons can not be self-collected. (Article 21 of the draft amendments) 5. clear evidence of the applicable rules. In order to regulate the use of evidence, and enhance the fairness of judgment and persuasion, to increase provisions: evidence should be presented in court, and cross-examined by the parties. Evidence involving state secrets, commercial secrets and personal privacy, shall not be presented in an open hearing. The people's court shall, in accordance with legal procedures, comprehensively and objectively examine evidence. The evidence does not justify the adoption should be. Evidence obtained by illegal means, as the facts of the case shall be based on. (Article 22 of the draft amendments) Sixth, on improving civil disputes and administrative disputes mechanism for handling cross Some controversy caused by a specific administrative act, often accompanied by a related civil disputes. These two types of disputes in accordance with the Administrative Procedure Law and the Civil Procedure Law were filed, were heard, a waste of judicial resources, and some also lead to litigation cycle, the impact of judicial efficiency, is not conducive to protecting the legitimate interests of the parties. According to the practice of administrative disputes and disputes related to civil trial practice together, the proposed increase in provisions: First, in the administrative proceedings, the parties together to resolve civil disputes arising from the application of specific administrative acts affecting civil rights and obligations arising from, the people's court may be hearing. Decide to consider the people's court, the parties shall file a lawsuit in the civil dispute again. Second, the parties disputed the ruling made by the executive refuses to accept civil administrative proceedings, the court upon application of a civil dispute can be heard. Third, in the administrative www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

proceedings, the court hearing the case that the administration needs to referee a civil action based on the ruling discontinue administrative proceedings. (Article 36 of the draft amendments) Seven sound judgment on the form Maintaining the existing provisions of the Administrative Procedure Law judgment, set aside the judgment, fulfillment and change the form of four judgments judgments judgments. These forms of judgment can not fully meet the actual needs of the trial, should be modified to improve. Propose the following additional changes: 1 to replace the judgment dismissing the plaintiff's claim upheld the judgment. According to the actual needs of the trial, states: specific administrative act evidence, applicable laws, regulations correctly, in line with legal procedures, or the plaintiff requested the defendant to perform their duties is untenable, the people's court dismissed the plaintiff's claim. (Article 38 of the draft amendments) 2. increase payment decision. According to the actual needs of the trial, provides: People's Court after the hearing, the identification of the defendant bears obligation of law, sentence the defendant to fulfill payment obligations. (Article 38 of the draft amendments) 3 Increase confirm illegal or invalid sentence. According to the actual needs of the trial, states: In six cases, the people's court to confirm the specific administrative act as illegal or invalid, one specific administrative act it shall be a judgment revoked, but the revocation of the specific administrative act will give national interests, public interests cause significant harm; Second, the specific administrative act it shall be the decision to withdraw, but does not have to withdraw content; Third, the specific administrative act in violation of procedure, but did not have a real impact on the plaintiff's rights; Fourth, the defendant fails to perform or delay in performing its statutory judgment shall perform duties, but the ruling has no meaning to fulfill; five are accused of illegally revoke or change the specific administrative act, the plaintiff is not withdrawal, still require confirmation of the original specific administrative act of illegality; six plaintiffs propose specific administrative act invalid on the grounds established. Also provides People's Court confirmed the specific administrative act illegal or invalid, you can also order the defendant to take remedial measures judgment, causing losses to the plaintiff, according to sentence the defendant liable. (Article 38 of the draft amendments) 4 changes expand the scope of the decision. According to the actual needs of the trial, states: administrative sanction is obviously unfair, or other specific administrative acts involving considered in determining the amount or definite error, the court can make a decision to change. People's Court changes may not increase or decrease the plaintiff's obligation to the plaintiff's interests. However, interested parties with the plaintiff, and www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

the claims except the opposite. (Article 38 of the draft amendments) Eight, on increasing summary Existing administrative procedural law did not provide for a simple procedure. Increase in summary, the trial will help improve efficiency and reduce litigation costs. Summarize the current practice, the proposed increase in provisions: People's Court the facts are clear, the rights and obligations clear, little controversy first instance administrative cases, you can apply a simple procedure, one respondent specific administrative act is legally made on the spot; Second case the amount involved 1,000 yuan or less; Third, the parties agreed to apply the simplified procedure. Remand, in accordance with the procedure for trial supervision retrial of the case does not apply summary procedure. Meanwhile, the administrative procedures applicable to the case summary trial by a single judge alone and the trial, and shall, within forty-five days after the conclusion of the day of filing. (Article 40 of the draft amendments) Nine, the People's Procuratorate on strengthening supervision over administrative proceedings Current Administrative Procedure Law stipulates that the People's Procuratorate is entitled to exercise legal supervision over administrative proceedings. A legally effective judgment or ruling, found in violation of laws and regulations, the right to lodge a protest. The newly revised Code of Civil Procedure refined procuratorial supervision over civil, suggested referring to the Civil Procedure Law, the following stipulations: First, the Supreme People's Procuratorate, the legal effect of the judgment of the people's courts at all levels have taken place, ruled that the higher people's procuratorate to subordinate People's Court has the legal effect of the judgment, ruling, found retrial legal circumstances shall lodge a protest. Second, local people's procuratorate at the same level people's courts legally effective judgment or ruling, found retrial legal circumstances, prosecutors can make recommendations to the same level People's Court, People's Procuratorate reported to superiors record; superior people can draw People's Procuratorate at the same level court to lodge a protest. Third offense other than the local people's procuratorate at trial supervision program of the trial proceedings in the trial of other persons, the right to make recommendations to the Attorney General the same level People's Court. (Article 47 of the draft amendments) Ten, on the executive does not perform further clarify the responsibility of the court Currently, the administrative authority does not execute court judgments is still more prominent. To enhance the enforceability of the law, the proposed increase in provisions: First, the case of the executive refuses to perform the judgment or order, mediation shall be announced. Second, refusing to comply with the judgment, ruling, mediation, adverse social impact, can www.npc.gov.cn/npc/xinwen/lfgz/flca/2013-12/31/content_1822050.htm

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(Draft) Administrative Procedure Law amendment provisions _ Chinese NPC Network

charge and other directly responsible personnel directly responsible for the administrative authorities to be detained. (Article 48 of the draft amendments) In addition, the draft amendment to the prior execution, open trial, retrial conditions and other issues were also complements. Parties also made a number of other issues and amendments, continue in-depth study of these issues can be brought to the attention of the Standing Committee meeting after deliberation.

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