Chapter VI Bringing a Suit and Accepting a Case

Article 37 A citizen, a legal person or any other organization may, within the scope of cases acceptable to the people’s courts, apply to an administrative organ at the next higher level or to an administrative organ as prescribed by the law or regulations for reconsideration, anyone who refuses to accept the reconsideration decision may bring a suit before a people’s court; a citizen, a legal person or any other organization may also bring a suit directly before a people’s court.

In circumstances where, in accordance with relevant provisions of laws or regulations, a citizen, a legal person or any other organization shall first apply to an administrative organ for reconsideration and then bring a suit before a people’s court, if he or it refuses to accept the reconsideration decision, the provisions of the laws or regulations shall apply.

Article 38 If a citizen, a legal person or any other organization applies to an administrative organ for reconsideration, the organ shall make a decision within two months from the day of the receipt of the application, except as otherwise provided for by law or regulations.

Anyone who refuses to accept the reconsideration decision may bring a suit before a people’s court within l5 days from the day of the receipt of the reconsideration decision. If the administrative organ conducting the reconsideration fails to make a decision on the expiration of the time limit, the applicant may bring a suit before a people’s court within l5 days after the time limit for reconsideration expires, except as otherwise provided for by law.

Article 39 If a citizen, a legal person or any other organization brings a suit directly before a people’s court, he or it shall do so within three months from the day when he or it knows that a specific administrative act has been undertaken, except as otherwise provided for by law.

Article 40 If a citizen, a legal person or any other organization fails to observe the time limit prescribed by law due to force majeure or other special reasons, he or it may apply for an extention of the time limit within ten days after the obstacle is removed; the requested extention shall be decided by a people’s court.

Article 41 The following requirements shall be met when a suit is brought:

(l) The plaintiff must be a citizen, a legal person or any other organization that considers a specific administrative act to have infringed upon his or its lawful rights and interests;

(2) There must be a specific defendant or defendants;

(3) There must be a specific claim and a corresponding factual basis for the suit; and

(4) The suit must fall within the scope of cases acceptable to the people’s courts and the specific jurisdiction of the people’s court where it is filed.

Article 42 When a people’s court receives a bill of complaint, it shall, upon examination, file a case within seven days or decide to reject the complaint. If the plaintiff refuses to accept the decision, he may appeal to a people’s court.

Chapter VII Trial and Judgment

Article 43 A people’s court shall send a copy of the bill of complaint to the defendant within five days of filing the case. The defendant shall provide the people’s court with the documents on the basis of which a specific administrative act has been undertaken and file a bill of defence within ten days of receiving the copy of the bill of complaint. The people’s court shall send a copy of the bill of defence to the plaintiff within five days of receiving it.

Failure by the defendant to file a bill of defence shall not prevent the case from being tried by the people’s court.

Article 44 During the time of legal proceedings, execution of the specific administrative act shall not be suspended. Execution of the specific administrative act shall be suspended under one of the following circumstances:

(l) where suspension is deemed necessary by the defendant;

(2) where suspension of execution is ordered by the people’s court at the request of the plaintiff because, in the view of the people’s court, execution of the specific administrative act will cause irremediable losses and suspension of the execution will not harm public interests; or

(3) where suspension of execution is required by the provisions of laws or regulations.

Article 45 Administrative cases in the people 'e courts shall be tried in public, except for those that involve state secrets or the private affairs of individuals or are otherwise provided for by law.

Article 46 Administrative cases in the people’s courts shall be tried by a collegial panel of judges or of judges and assessors. The number of members of a collegial panel shall be an odd number of three or more.

Article 47 If a party considers a member of the judicial personnel to have an interest in the case or to be otherwise related to it, which may affect the impartial handling of the case, the party shall have the right to demand his withdrawal.

If a member of the judicial personnel considers himself to have an interest in the case or to be otherwise related to it, he shall apply for withdrawal.

The provisions of the two preceding paragraphs shall apply to court clerks, interpreters, expert witnesses and persons who conduct inquests.

The withdrawal of the president of the court as the chief judge shall be decided by the court’s adjudication committee; the withdrawal of a member of the judicial personnel shall be decided by the president of the court; the withdrawal of other personnel shall be decided by the chief judge. Parties who refuse to accept the decision may apply for reconsideration.

Article 48 If the plaintiff refuses to appear in court without justified reasons after being twice legally summoned by the people’s court, the court shall consider this an application for the withdrawal of the suit; if the defendant refuses to appear in court without justified reasons, the court may make a judgment by default.