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.