PRC, Administrative Litigation Law

(Passed on 4 April 1989 by the Second Session of the Seventh National People's Congress, promulgated on 4 April 1989 and effective as of 1 October 1990.)

PART ONE: GENERAL PRINCIPLES

Article 1: This Law is enacted on the basis of the Constitution in order to ensure the proper and timely hearing of administrative cases by People's Courts, to protect the lawful interests of citizens and legal persons and other organizations and to safeguard and supervise the exercise of functions according to the law by administrative authorities.

Article 2: Where citizens and legal persons or other organisations which consider that specific acts of administrative authorities or their personnel have infringed their lawful interests, they shall have the right to institute proceedings in the People's Court.

Article 3: People's Courts shall exercise independently and according to the law their power to hear and adjudicate administrative cases and shall be free from interference by administrative authorities, social organizations and individuals.

People's Courts shall establish administrative tribunals to hear administrative cases.

Article 4: People's Courts shall hear administrative cases based on the facts of such cases and in accordance with the law.

Article 5: In hearing administrative cases, People's Courts shall investigate the lawfulness of specific administrative acts.

Article 6: In hearing administrative cases, People's Courts shall implement according to the law a collegiate system¹, a challenge system², a system of public hearings and a two-tier system.

Article 7: Parties to administrative litigation shall be equal before the law.

Article 8: citizens of all ethnic groups shall have the right to bring administrative claims in the language and script of their own ethnic group.

People's Courts in regions which are inhabited by ethnic minorities or which are inhabited by more than one ethnic group shall hear and adjudicate cases and issue legal documents in the languages and scripts in common use by the local ethnic groups.

People's Courts shall provide translations for those litigants who do not have a good command of the languages and scripts in common use by local ethnic groups.

Article 9: Parties shall have the right to argue their cases during administrative litigation.

Article 10: People's Procuratorates shall have the right to exercise legal supervision over administrative litigation.

PART TWO: SCOPE OF CASES WHICH MAY BE ACCEPTED

Article 11: People's Courts shall hear suits brought by citizens who, and legal persons or other organizations which are dissatisfied with the following specific administrative acts[; namely, those who]:

1. are dissatisfied with an administrative sanction such as detention, imposition of a fine, revocation of a permit or license, an order to suspend production or business activities or the confiscation of property;

2. are dissatisfied with an administrative order such as restriction of personal freedom or sealing up, arresting or freezing property;

3. consider that an administrative authority has infringed their statutory autonomy in carrying on business;

4. consider that they satisfy the legal requirements for applying to an administrative authority for a permit or license but that their application has been rejected or ignored by the administrative authority;

5. have requested an administrative organization to exercise its statutory duty to protect personal rights and/or property rights but the administrative authority has refused to exercise such duty or ignored [the requires];

6. consider that an administrative authority has not allocated pensions to a disabled person or to the family of a deceased person according to the law;

7. consider a demand by an administrative authority to perform a certain obligation to be in breach of the law; or

8. consider that an administrative authority has infringed upon the personal and/or property rights of others.

In addition to the above provisions, People's Courts may hear other administrative cases as provided for by law.

Article 12: People's Courts shall not hear suits involving the following matters brought by citizens and legal persons or other organizations; namely:

1. State acts involving national defense or diplomacy;

2. administrative laws and regulations or universally binding decisions or orders formulated and romulgated by administrative authorities;

3. decisions of administrative authorities to reward, punish, appoint or dismiss personnel of administrative authorities; or

4. specific administrative acts for which the law provides that final adjudication is to be conducted by administrative authorities.

PART THREE: JURISDICTION

Article 13: Base-level People's Courts shall have jurisdiction as courts of first instance in administrative cases.

Article 14: Intermediate People's Courts shall have jurisdiction as courts of first instance in the following administrative cases:

1. cases concerning the confirmation of patents and cases handled by Customs;

2. proceedings instituted against specific administrative acts of any department under the State Council or the People's Government of a province, Autonomous Region or Centrally Governed Municipality; and

3. major and complicated cases which arise in their area of jurisdiction.

Article 15: Higher People's Courts shall have jurisdiction as course of first instance over major and complicated cases which arise in their area of jurisdiction.

Article 16: The Supreme People's Court shall have jurisdiction as courts of first instance over major and complicated cases arising throughout the country.

Article 17: Jurisdiction over administrative cases shall be exercised by the People's Court in the location of the administrative authority which first performed the specific administrative act [from which the case arose]. In cases which have been reviewed, where the original specific administrative act was altered by the reviewing authority, jurisdiction over such cases may be exercised by the People's Court in the location of such reviewing authority.

Article 18: Jurisdiction over cases arising from dissatisfaction with administrative orders which restrict personal freedom shall be exercised by the People's Court in the location of the respondent or that of the applicant.

Article 19: Jurisdiction over administrative proceedings involving real property shall be exercised by the People's Court in the location of the real property.

Article 20: Where two or more People's Courts have jurisdiction over a case, the applicant may insatiate proceedings in any one of such People's Courts. Where the applicant institutes proceedings in two or more People's Courts with jurisdiction, the People's Court in which ordinary process are first filed shall have jurisdiction.

Article 21: Where a People's Court discovers that a case which it has accepted does not fall within its jurisdiction, such People's Court shall transfer the case to a People's Court which has jurisdiction over the case. People's Courts to which a case has been transferred may not retransfer such case on their own authority.

Article 22: Where, due to special reasons, a People's Court which has jurisdiction cannot exercise such jurisdiction, jurisdiction shall be designated by a higher level People's Court.

A dispute between People's Courts over jurisdiction shall be resolved through consultation between parties to the dispute. Where the dispute cannot be resolved through consultation, such dispute shall be submitted to a People's Court which is senior to the parties to the dispute for directions as to jurisdiction.

Article 23: Higher level People's Courts shall have the power to adjudicate administrative cases which are within the original jurisdiction of lower level People's Courts. Higher level People's Courts may also transfer administrative cases within their original jurisdiction to lower level People's Courts for adjudication.

Where a lower level People's Court considers that an administrative case within its original jurisdiction should be adjudicated by a higher level People's Court, the lower level People's Court may report the case to a higher level People's Court for decision.

PART FOUR: PARTIES

Article 24: Plaintiffs shall be citizens and legal persons or other organizations which institute proceedings in accordance with this Law.

Where a citizen with the right to institute proceedings dies, his close relatives may institute proceedings.

Where a legal person, or other organization, with the right to institute proceedings is terminated, the legal person or other organization which succeeds to its rights may institute proceedings.

Article 25: Respondents shall be the administrative authorities which performed the specific administrative acts [which are the subject of the proceedings] where citizens and legal persons or other organizations directly institute proceedings in People's Courts.

In cases which have been reviewed, where the authority which reviewed the case decided to uphold the original decision, the respondent shall be the administrative authority which performed the original specific administrative act [on which the case is based]. Where the authority which reviewed the case orders the amendment of the original specific administrative act, the respondent shall be such authority.

Where two or more administrative authorities perform the same specific administrative act, the administrative authorities which jointly performed the specific administrative act shall be joined as respondents.

Where specific administrative acts are performed by organizations empowered pursuant to laws or regulations, such organizations shall be the respondents. Where specific administrative acts are performed by organization entrusted by administrative authorities, the administrative authorities which entrust such organizations shall be the respondents.

Where an administrative authority [involved in administrative litigation] is dissolved, the administrative authority which continues to exercise the original authority's functions shall be the respondent.

Article 26: Administrative cases arising from the same or similar specific administrative act shall be deemed to be cases of joint litigation where one or both parties [to such cases] consist of two or more persons and the People's Court considers that the cases can be joined.

Article 27: Other citizens who, and legal persons or other organizations which have an interest in the specific administrative act against which proceedings are instituted may apply to participate in the proceedings as third parties or may be ordered by People's Courts to participate in the proceedings.

Article 28: Where a citizen has no capacity to institute proceedings, his statutory agents shall commence proceedings on his behalf. Where such citizen's statutory agents refuse to act as agent, the People's Court shall designate one of the agents to commence proceedings on behalf of the citizen.

Article 29: Parties and statutory agents may appoint one (1) to two (2) agents ad litem.

Lawyers, societies, close relatives of citizens instituting proceedings or individuals recommended by the work unit of citizens instituting proceedings and other citizens approved by the People's Court may be appointed as agents ad litem.

Article 30: Lawyers acting as agents ad litem may gain access to any information relating to the case in question according to regulations and may investigate and take evidence from relevant organizations and citizens. The confidentiality of state secrets and information on private affairs of individuals shall be maintained in accordance with the law.³

Subject to permission by the People's Court, the parties and other agents ad litem may gain access to the court documents concerning the case in question, except for information on state secrets and private affairs of individuals.

PART FIVE: EVIDENCE

Article 31: Evidence shall be classified into the following categories:

1. documentary evidence;

2. physical evidence;

3. audio-visual materials;

4. testimony of witnesses;

5. statements of parties;

6. findings of experts; and

7. written inquest and court reports.

The above evidence must be examined and verified by the court before it can be admitted.

Article 32: A respondent shall bear the burden of proof in respect of its specific administrative act. Such respondent shall provide evidence of having performed such administrative act and the standard documents which it used as a basis for performing such specific administrative act.

Article 33: During the proceedings, the respondent may not collect evidence from the applicant or the witness(es) on its own authority.

Article 34: People's Courts are empowered to request the parties to provide or supplement evidence.

People's Courts are empowered to investigate and to take evidence from the relevant administrative authorities and other organizations and citizens.

Article 35: Where, in the course of proceedings, People's Courts consider that certain special issues require expert examination, such issues shall be turned over to statutory expert examination departments or, in the absence of statutory expert examination departments, to expert examination departments designated by People's Courts, for expert examination.

Article 36: Litigants may apply to People's Courts for preservation of evidence in circumstances where such evidence might otherwise be destroyed or difficult to collect subsequently. People's Courts may also take the initiative in adopting preservation measures.

PART SIX: INSTITUTION AND ACCEPTANCE OF PROCEEDINGS

Article 37: Citizens and legal persons and other organizations may first apply to the administrative authority at the next highest level or the administrative authority designated by laws or regulations for review of administrative cases which fall within the scope of administrative adjudication of People's Courts. If such citizens, legal person and other organizations are dissatisfied with the review, they may institute proceedings with a People's Court, Alternatively, they may institute proceedings directly with a People's Court.

Where laws and regulations provide that first review shall be conducted by an administrative authority and that proceedings may be instituted with a People's Court if a party is dissatisfied with such review, [applications for judicial review] shall be handled in accordance with such laws and regulations.⁴

Article 38: Where citizens and legal persons or other organizations apply to administrative authorities for review, such authorities shall make a decision within two months from the date of receipt of such applications, except where laws and regulations provide otherwise.⁵

Where applicants are dissatisfied with the reviewed decision, such applicants may, within 15 days after receiving the reviewed decision notice, institute proceedings in the People's Court. Where authorities which accept applications for review fail to make a decision within the specified period, applicants may institute proceedings in the People's Court within15 days from the date of expiry of the term for review, except where the law provides otherwise.

Article 39: Citizens who and legal persons or other organizations which wish to institute proceedings directly with the People's Court shall do so within 3 months from the date on which they learnt of the performance of the specific administrative act in question, except where the law provides otherwise.⁶

Article 40: Citizens and legal persons or other organizations which fail to meet the stipulated deadline due to reasons beyond their control or other special circumstances may, within 10 days upon alleviation of the impeding circumstances, apply to the People's Court for an extension of the term. Such application shall be decided by People's Courts.

Article 41: The institution of proceedings shall fulfill the following conditions:

1. the applicant shall be a citizen, legal person or other organization which considers that a specific administrative act has infringed his lawful interests;

2. the respondent must be identifiable;

3. there shall be specific claims and factual bases for the action; and

4. the case shall fall within the scope of cases which may be heard by the People's Court and the [specific] jurisdiction of the People's Court which accepts and case.

Article 42: People's Courts shall examine originating process filed and decide within 7 days whether to accept or reject the case. An applicant who is dissatisfied with a ruling may lodge an appeal.

PART SEVEN: TRIAL AND ADJUDICATION

Article 43: The People's Court [which accepts a case] shall send a copy of the originating process to the respondent within 5 days from the date on which the case is accepted. The respondent shall, within 10 days from the date of receiving the copy of the originating process, provide to the People's Court information relating to its performance of the administrative act in question and submit a response. The People's Court shall send a copy of the response to the applicant within 5 days from the date of receiving the response.

Failure on the part of the respondent to submit a response shall not impede the trial by the People's Court.

Article 44: The implementation of specific administrative acts shall not be suspended during proceedings, except in any of the following circumstances:

1. where the respondent considers that it is necessary to suspend the act;

2. where the applicant applies for suspension of the act and the People's Court rules that such specific administrative act should be suspended because, in the opinion of the People's Court, the implementation would cause irreparable losses and the suspension of the act would not harm the public interest; or

3. where a law or regulation provides for suspension of the act.

Article 45: People's Courts shall hear administrative cases in public, except where state secrets or private affairs of individuals are concerned and in cases where the law provides otherwise.

Article 46: Where People's Courts hear administrative cases, collegiate benches shall be formed by judges or by judges and assessors. A collegiate bench shall consist of an odd number of persons, the minimum being three persons.

Article 47: Where a party considers that judicial personnel have an interest in the case or are concerned with the case in any other way which might affect the impartiality of the trial, such party shall have the right to request such personnel to withdraw [from the case].

Judicial personnel who consider themselves to have an interest in the case or are otherwise concerned with the case in question shall request their withdrawal.

The provisions of the preceding two paragraphs shall apply to clerks, translators, experts and investigators.

The withdrawal of the president of the court when acting as chief judge shall be decided by a judicial commission. The withdrawal of judicial personnel shall be decided by the president of the court. The withdrawal of other personnel shall be decided by the chief judge. A party who is dissatisfied with the decision may apply for review.

Article 48: If the applicant fails without proper reason to appear in court after having been legally summoned twice by the People's Court, he shall be deemed to have applied for withdrawal of the case. If respondent fails without proper reason to appear in court after having been legally summoned twice by the People's Court, a default judgement may be rendered against the respondent.

Article 49: People's Courts shall, depending on the seriousness of the case, admonish and order to sign an undertaking to repent, or fine in the amount of not more than Rmb 1,000  and detain for a period of not more than 15 days, litigants or other parties who perform any of the following acts; where a criminal offense is constituted, criminal liability shall be investigated according to the law. [The acts are as follows:]

1. delaying, refusing to perform or obstructing without reason an order of a People's Court to assist in implementation by persons who are obliged to assist in implementation [of such order];

2. forging, concealing or destructing evidence;

3. instigating perjury, bribery or coercing persons to commit perjury, using threats to force witnesses to testify or to prevent witnesses from testifying;

4. concealing, removing, selling or destructing sealed up, impounded or frozen property;

5. using force, threats or other means to obstruct personnel of the People's Court in the execution of their functions or disruption of order in the People's Court; or

6. insulting, slandering, falsely accusing, battering or retaliating against personnel of the People's Court, litigants or persons assisting with implementation.

Imposition of fines and detention must be approved by the president of the People's Court. Dissatisfied parties may apply for judicial review.

Article 50: Mediation shall not be conducted in administrative cases heard by People's Courts.

Article 51: Where, before the People's Court pronounces judgement or gives a ruling, the applicant applies for withdrawal of the case, or the respondent alters its specific administrative act and the application agrees to such alteration and applies for withdrawal of the case, the People's Court shall rule on whether or not to approve such withdrawal.

Article 52: People's Courts shall try administrative cases in accordance with laws, administrative regulations and regional legislation. Regional legislation shall apply to administrative cases arising in the region concerned.

Where People's Courts try administrative cases in autonomous regions of ethnic groups, they shall also refer to the autonomy regulations and special regulations of the autonomous region of the ethnic group concerned.

Article 53: When hearing administrative cases, People's Courts shall refer to rules and regulations formulated and promulgated by ministries and commissions under the State Council pursuant to the law and administrative regulations, decisions and orders of the State Council and rules and regulations formulated and promulgated by the People's Governments of the provinces, Autonomous Regions and Centrally Governed Municipalities, the People's Governments of the municipalities which are within the locality of provincial or Autonomous Regions People's Governments and the People's Governments of relatively large municipalities approved by the State Council, pursuant to the law and administrative regulations of the State Council.

If a People's Court considers a set of rules or regulations formulated and promulgated by a local People's Government to be inconsistent with a set of rules or regulations formulated and promulgated by the State Council or if it considers that there is an inconsistency among rules and regulations formulated and promulgated by the ministries and commissions under the State Council, the Supreme People's Court shall submit such rules and regulations to the State Council for interpretation or a ruling.

Article 54: People's Courts shall, upon hearing a case, adjudicate as follows, depending on the circumstances:

1. where the evidence in respect of a specific administrative act is conclusive, the correct law and regulations were applied and statutory procedures were followed, the People's Court shall order that such act be upheld;

2. the People's Court shall order that a specific administrative act be quashed or partially quashed, and the respondent may be ordered to perform another specific administrative act, in any of the following cases:

1. where the main evidence [in support of such act] is insufficient;

2. where incorrect laws and regulations were applied;

3. where statutory procedures were violated;

4. where [such act] was performed in excess of authority; or

5. where official powers were abused.

3. where the respondent fails to perform its statutory duties, the People's Court shall order that the respondent perform such duties within a specified period; or

4. where an administrative sanction is manifestly unfair, the People's Court may order that such sanction be altered.

Article 55: A respondent which has been ordered by the People's Court to perform another specific administrative act may not thereupon perform a specific administrative act which is basically identical to the original one on the basis of the same facts and reasons.

Article 56: Where a People's Court, in the course of hearing an administrative case, considers that persons in charge of an administrative authority or persons of an administrative authority who are directly responsible have breached discipline, the People's Court shall transfer the relevant information to such administrative authority or to its next highest administrative authority, or to the supervisory and/or personnel authority; where the court considers that such persons have committed a criminal offense, it shall transfer the relevant information to the public security and/or the procuratorial authorise.

Article 57: People's Courts shall adjudicate a case as a court of first instance within 3 months after accepting the case. Extension of such period, if required because of special circumstances, shall be approved by a Higher People's Court. Where a Higher People's Court requires an extension of such period for a case which it is hearing as a court of first instance, such extension shall be approved by the Supreme People's Court.

Article 58: Parties who are dissatisfied with the judgement rendered by People's Courts as courts of first instance shall have the right to appeal to the People's Courts at the next highest level within 15 days from the date of service of the judgement. Parties who are dissatisfied with rulings rendered by People's Courts as courts of first instance shall have the right to appeal to the People's Court at the next highest level within 10 days from the date of service of the ruling. The judgements or rulings rendered by People's Courts acting as courts of first instance shall take legal effect if no appeal has been lodged on the expiry of the time limits [for appeal].

Article 59: People's Courts may try appeal cases on the basis of written submissions where they consider the facts to be clear.

Article 60: People's Courts shall adjudicate appeal cases within 2 months from the date of receiving a letter of appeal. An extension of such period, if required because of special circumstances, shall be approved by a Higher People's Courts. Where a Higher People's Courts require an extension of such time limit for an appeal case which it is hearing, such extension shall be approved by the Supreme People's Court.

Article 61: People's Courts shall handle appeal cases in the following ways, depending on the circumstances:

1. where the facts as found in the original judgement are clear and the correct laws and regulations were applied, the People's Court shall order that the appeal be dismissed and the original judgement be upheld;

2. where the facts as found in the original judgement are clear but the wrong laws and regulations were applied, the People's Court shall amend the original judgement according to the law;

3. where the facts as found in the original judgement are not clear and the evidence is insufficient, or where the correct adjudication of the case may have been influenced by a violation of the statutory procedures, the People's Court shall rule that the original judgement be quashed and remand for retrial the case to the People's Court which originally tried it. Parties may appeal against judgements and rulings rendered in retried cases.

Article 62: A party who considers that a judgement or ruling which has taken legal effect contains a mistake may complain to the People's Court which originally tried the case or the People's Court at the next highest level; however, the implementation of the judgement or ruling shall not be suspended.

Article 63: Where the president of a People's Court discovers that a judgement or a ruling which the People's Court rendered and which has taken legal effect is contrary to laws and regulations and considers it necessary to retry the case, the president shall submit the case to the judicial committee to determine whether or not the case should be retried.

Where a higher level People's Court discovers that a judgement or ruling of a lower level People's Court which has taken legal effect is contrary to law, the higher level People's Court is empowered to try the case or to order the lower level People's Court to retry the cease.

Article 64: Where a People's Procuratorate discovers that a judgement or ruling of a People's Court which has taken legal effect is contrary to law, the People's Procuratorate is entitled to lodge a protest pursuant to the procedure for supervision of judgements.

PART EIGHT: ENFORCEMENT

Article 65: Parties must perform judgements and rulings of People's Courts which have become legally effective.

Where a citizen, a legal person or other organization refuses to perform a judgement or ruling, the administrative authority may apply to a People's Court at first instance for enforcement or enforce the judgement or ruling itself in accordance with the law.

Where an administrative authority refuses to perform a judgement or a ruling, a People's Court at first instance may adopt the following measures:

1. [where the court rules that] fines shall be refunded or damages shall be paid, the court may notify the relevant bank to transfer the sum from the account of the administrative authority in question;

2. [where the administrative authority] fails to perform the order or ruling within the prescribed time limit, a fine of fifty (50) to one hundred (100) yuan shall be imposed on the administrative authority in question;

3. submitting a legal suggestion to the next highest administrative authority of the administrative authority in question or to the supervisory and/or personnel authorities; the authority accepting such legal suggestion shall dispose of the matter in accordance with relevant regulations and inform the People's Court of its actions;

4. [where the administrative authority] refuses to perform a judgement or a ruling and where the circumstances are so serious as to constitute a criminal offense, the criminal liability of the person in charge and the person(s) directly responsible shall be investigated according to the law.

Article 66: Where a citizen or a legal person or other organization neither institutes proceedings in respect of a specific administrative act nor performs such act within the statutory time limit, the administrative authority may apply to a People's Court for enforcement or enforce the act itself according to the law.

PART NINE: TORTIOUS LIABILITY

Article 67: Where citizens and legal persons or other organizations suffer losses due to the violation of their lawful interests by specific administrative acts of administrative authorities or by personnel of administrative authorities, such citizens and legal persons or other organizations shall have the right to claim damages.

Where citizens and legal persons or other organizations only claim damages, the matter shall first be resolved by the administrative authorities concerned. Where such citizens and legal persons or other organizations are dissatisfied with the disposition of the matte by the administrative authority, they may institute proceedings with a People's Court.

Mediation may be conducted in proceedings for damages.

Article 68: Where citizens and legal persons or other organizations suffer losses because their lawful interests have been infringed by specific administrative acts of administrative authorities or of personnel of administrative authorities, liability of damages shall be borne by such administrative authorities or by the administrative authorities of such personnel.

After an administrative authority has paid damages, it shall order personnel who intentionally [caused damage] or who were grossly negligent to indemnify part or all of the damages [awarded by the court].

Article 69: Damages shall be paid from public funds at all levels. People's Courts at all levels may order responsible administrative authorities to pay part or all of damages. Specific procedures for such payment shall be prescribed by the State Council.

PART TEN: FOREIGN-RELATED ADMINISTRATIVE LITIGATION

Article 70: This Law shall apply to administrative litigation conducted in the People's Republic of China by foreigners, stateless persons and foreign organizations, except where otherwise provided by law.

Article 71: Foreigners, stateless persons and foreign organizations conducting administrative litigation in the People's Republic of China shall enjoy the same litigation rights and be subject to the same obligations as citizens and organizations of the People's Republic of China.

Where a court of a foreign country restricts the administrative litigation rights of citizens and organizations of the People's Republic of China, the People's Court shall apply the principle of reciprocity to the administrative litigation rights of citizens and organizations of such country.

Article 72: In the case of a discrepancy between an international treaty which the People's Republic of China has concluded or acceded to and this Law, such international treaty shall prevail, except for provisions of such treaty to which the People's Republic of China has announced its reservations.

Article 73: Foreigners, stateless persons and foreign organizations conducting administrative litigation in the People's Republic of China who wish to appoint a lawyer as an agent ad litem shall appoint a lawyer from a lawyer's organization of the People's Republic of China.

PART ELEVEN: SUPPLEMENTARY

Article 74: People's Courts shall charge a litigation fee for hearing administrative cases. The litigation fee shall be borne by the party who loses the lawsuit, or, if both parties are liable, by both parties. Specific procedures for charging litigation fees shall be prescribed separately.

Article 75: This Law shall take effect as of 1 October 1990.

Endnotes

1. Under this system, cases are heard by a bench comprising more than one judge.
2. This system provides an opportunity for parties to challenge judicial personnel on the grounds of bias.
3. See the PRC, Maintenance of State Secrets Law, NPC 09/05/1988.
4. See, for example, Article 32 of the PRC, Administration of Enterprise Legal Person Registration Regulations, SC 06/03/1988 and Article 28 of the PRC, Import and Export Commodity Inspection Law, NPC 21/02/1989.
5. See, for example, the Jurisdiction and Procedures for Penalizing Enterprises with Foreign Investment Which Violate Registration Administration Legislation Provisions. Article 8 provides a time limit of only 30 days for administrative authorities to make a decision on an appeal.
6. See, for example, the PRC, Land Administration Law (Revised), NPC 29/12/1988. Article 52 provides for a time limit of only 15 days from the date of receiving a sanction notice for entities wishing to institute proceedings directly with the People's Court.