Article 55 A defendant who has been judged by a people’s court to undertake a specific administrative act anew must not, based on the same fact and reason, undertake a specific administrative act essentially identical with the original act.

Article 56 In handling administrative cases, if a people’s court considers the head of an administrative organ or the person directly in charge to have violated administrative discipline, it shall transfer the relevant materials to the administrative organ or the administrative organ at the next higher level or to a supervisory or personnel department; if a people’s court considers the person to have committed a crime, it shall transfer the relevant materials to the public security and procuratorial organs.

Article 57 A people’s court shall pass a judgment of first instance within three months from the day of filing the case . Extension of the time limit necessitated by special circumstances shall be approved by a higher people’s court, extension of the time limit for handling a case of first instance by a higher people’s court shall be approved by the Supreme People’s Court.

Article 58 If a party refuses to accept a judgment of first instance by a people’s court , he shall have the right to file an appeal with the people’s court at the next higher level within 15 days of the serving of the written judgment. If a party refuses to accept an order of first instance by a people’s court, he shall have the right to file an appeal with the people’s court at the next higher level within 10 days of the serving of the written order. All judgments and orders of first instance by a people’s court that have not been appealed within the prescribed time limit shall be legally effective.

Article 59 A people’s court may handle an appealed case by examining the court records, if it considers the facts clearly ascertained.

Article 60 In handling an appealed case, a people’s court shall make a final judgment within two months from the day of receiving the appeal. Extension of the time limit necessitated by special circumstances shall be approved by a higher people’s court, extension of the time limit for handling an appealed case by a higher people’s court shall be approved by the Supreme People’s Court.

Article 61 A people’s court shall handle an appealed case respectively according to the conditions set forth below:

(1)If the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment, the appeal shall be rejected and the original judgment sustained;

(2)If the facts are clearly ascertained but the law and regulations are incorrectly applied in the original judgment, the judgment shall be amended according to the law and regulations; or

(3)If the facts are not clearly ascertained in the original judgment or the evidence is insufficient, or a violation of the prescribed procedure may have affected the correctness of the original judgment, the original judgment shall be rescinded and the case remanded to the original people’s court for retrial, or the people’s court of the second instance may amend the judgment after investigating and clarifying the facts. The parties may appeal against the judgment or order rendered in a retrial of their case.

Article 62 If a party considers that a legally effective judgment or order contains some definite error, he may make complaints to the people’s court which tried the case or to a people’s court at a higher level, but the execution of the judgment or order shall not be suspended.

Article 63 If the president of a people’s court finds a violation of provisions of the law or regulations in a legally effective judgment or order of his court and deems it necessary to have the case retried, he shall refer the matter to the adjudication committee, which shall decide whether a retrial is necessary.

If a people’s court at a higher level finds a violation of provisions of the law or regulations in a legally effective judgment or order of a people’s court at a lower level, it shall have the power to bring the case up for trial itself or direct the people’s court at the lower level to conduct a retrial.

Article 64 If the people’s procuratorate finds a violation of provisions of the law or regulations in a legally effective judgment or order of a people’s court, it shall have the right to lodge a protest in accordance with procedures of judicial supervision.

Chapter VIII Execution

Article 65 The parties must perform the legally effective judgment or order of the people’s court.

If a citizen, a legal person or any other organization refuses to perform the judgment or order, the administrative organ may apply to a people’s court of first instance for compulsory execution or proceed with compulsory execution according to law.

If an administrative organ refuses to perform the judgment or order, the people’s court of first instance may adopt the following measures:

(1)Informing the bank to transfer from the administrative organ’s account the amount of the fine that should be returned or the damages that should be paid;

(2)Imposing a fine of 50 to 100 yuan per day on an administrative organ that fails to perform the judgment or order within the prescribed time limit, counting from the day when the time limit expires;

(3)Putting forward a judicial proposal to the administrative organ superior to the administrative organ in question or to a supervisory or personnel department; the organ or department that accepts the judicial proposal shall deal with the matter in accordance with the relevant provisions and inform the people’s court of its disposition; and

(4)If an administrative organ refuses to execute a judgment or order, and the circumstances are so serious that a crime is constituted, the head of the administrative organ and the person directly in charge shall be investigated for criminal responsibility according to law.

Article 66 If a citizen, a legal person or any other organization, during the period prescribed by law, neither brings a suit nor carries out the specific administrative act, the administrative organ may apply to a people’s court for compulsory execution, or proceed with compulsory execution according to law.

Chapter IX Liability for Compensation of Infringement of Rights

Article 67 A citizen, a legal person or any other organization who suffers damage because of the infringement upon his or its lawful rights and interests by a specific administrative act of an administrative organ or the personnel of an administrative organ, shall have the right to claim compensation.

If a citizen, a legal person or any other organization makes an independent claim for damages, the case shall first be dealt with by an administrative organ. Anyone who refuses to accept the disposition by the administrative organ may file a suit in a people’s court.

Conciliation may be applied in handling a suit for damages.

Article 68 If a specific administrative act undertaken by an administrative organ or the personnel of an administrative organ infringes upon the lawful rights and interests of a citizen, a legal person or any other organization and causes damage, the administrative organ or the administrative organ to which the above-mentioned personnel belongs shall be liable for compensation.

After paying the compensation, the administrative organ shall instruct those members of its personnel who have committed intentional or gross mistakes in the case to bear part or all of the damages.

Article 69 The cost of compensation shall be included as an expenditure in the government budget at various levels. The people’s governments at various levels may order the administrative organs responsible for causing the compensation to bear part or all of the damages. The specific measures thereof shall be formulated by the State Council.

Chapter X Administrative Procedure Involving Foreign Interests

Article 70 This Law shall be applicable to foreign nationals, stateless persons and foreign organizations that are engaged in administrative suits in the People’s Republic of China, except as otherwise provided for by law.

Article 71 Foreign nationals, stateless persons and foreign organizations that are engaged in administrative suits in the People’s Republic of China shall have the same litigation rights and obligations as citizens and organizations of the People’s Republic of China.

Should the courts of a foreign country impose restrictions on the administrative litigation rights of the citizens and organizations of the People’s Republic of China, the Chinese people’s courts shall follow the principle of reciprocity regarding the administrative litigation rights of the citizens and organizations of that foreign country.

Article 72 If an international treaty concluded or acceded to by the People’s Republic of China contains provisions different from those found in this Law, the provisions of the international treaty shall apply, unless the provisions are ones on which the People’s Republic of China has announced reservations.

Article 73 When foreign nationals, stateless persons and foreign organizations appoint lawyers as their agents ad litem in administrative suits in the People’s Republic of China, they shall appoint lawyers of a lawyers’ organization of the People’s Republic of China.

Chapter XI Supplementary Provisions

Article 74 A people’s court shall charge litigation fees for handling administrative cases. The litigation fee shall be borne by the losing party, or by both parties if they are both held responsible. The procedure for the charging of litigation fees shall be specified separately.

Article 75 This Law shall come into force as of October 1, 1990.