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(Adopted on April 4, 1989)
Content
Chapter I General Provisions
Chapter II Scope of Case Acceptance
Chapter III Jurisdiction
Chapter IV Participants in Proceedings
Chapter V Evidence
Chapter VI Initiation of an Action and Acceptance of a Case
Chapter VII Trial and Judgment
Chapter VIII Execution
Chapter IX Compensation Liability for Infringement of Rights
Chapter X Administrative Procedure Involving Foreign Interests
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 For the purposes of safeguarding correct and timely
trial of administrative cases, protecting the lawful rights and
interests of citizens, legal persons and other organizations and
ensuring and supervising the exercise of administrative power
by administrative organs according to law, this Law is enacted
in accordance with the Constitution.
Article 2 In case that a citizen, a legal persons or other organizations
a concrete administrative action by an administrative organ or
its personnel has infringed upon his or her or its lawful rights
and interests, they shall have the right to initiate an action
to a people's courts in accordance with this Law.
Article 3 The people's courts shall exercise judicial power independently
over administrative cases, and shall not be subject to interference
by any administrative organ, social organization or individual.
The people's courts shall set up administrative divisions to handle
administrative cases.
Article 4 The people's court shall, in trying administrative cases,
base themselves on facts and take the law as the criterion.
Article 5 The people's court shall, in handling an administrative
cases, examine to determine whether or not the specific administrative
act is legal.
Article 6 The people's court shall, in handling administrative
cases, adopt, as prescribed by law, the systems of collegial panel,
withdrawal and public trial and a system whereby the second instance
is the final.
Article 7 Parties to an administrative case shall be equal before
the law.
Article 8 Citizens of all nationalities shall have the right to
use their native spoken and written languages in administrative
proceedings.
In an area where people of a minority nationality live in concentrated
communities or where a number of nationalities live together,
the people's courts shall conduct the trial and issue legal documents
in the language or languages commonly used by the local nationalities.
The people's courts shall provide interpretation for participants
in proceedings who do not understand the language or languages
commonly used by the local nationalities.
Article 9 Parties to an administrative action shall have the right
to debate.
Article 10 The people's procuratorates shall have the right to
exercise legal supervision over administrative proceedings.
Chapter II Scope of Case Acceptance
Article 11 The people's courts shall accept actions initiated
by citizens, legal persons or other organizations against any
of the following specific administrative acts:
(1). refusing to accept such administrative penalties as detention,
fine, revocation of a business license or permit, order of suspension
of production or business or confiscation of property;
(2). refusing to accept such compulsory administrative measures
as restriction of freedom of the person or the sealing up, seizure
or freeze of property;
(3). deeming that an administrative organ has infringed upon its
managerial decision-making powers authorized thereto by law;
(4). deeming that the application for issuance of a permit or
license conforms to the provisions of laws but an administrative
organ has refused to issue it or refused to make a reply therefor;
(5). having applied to an administrative organ to perform its
statutory duty in protecting the rights of the person and of property
but the administrative organ has refused to perform the duty or
failed to make a reply therefor;
(6). deeming that an administrative organ has failed to distribute
a pension thereto according to law;
(7). deeming that an administrative organ has demanded the performance
of duties in violation of laws; and
(8). deeming that an administrative organ has infringed upon other
rights of the person and of property.
Apart from the provisions of the preceding paragraph, the people's
court shall also accept other administrative actions which may
be initiated in accordance with the provisions of relevant laws
and regulations.
Article 12 The people's courts shall not accept actions initiated
by citizens, legal persons or other organizations concerning any
of the following matters:
(1). State acts in areas like national defense and foreign affairs;
(2). administrative rules and regulations, or decisions and orders
with general binding force formulated and promulgated by administrative
organs;
(3). decisions made by an administrative organ concerning awards
or punishment for its personnel or concerning the appointment
or removal; or
(4). specific administrative acts that shall, as provided for
by law, be finally decided by an administrative organ.
Chapter III Jurisdiction
Article 13
The grassroots people's courts shall have jurisdiction as courts
of first instance over administrative cases.
Article 14 The intermediate people's courts shall have jurisdiction
as courts of first instance over the following administrative
cases:
(1). cases of confirming patent rights of invention and cases
handled by the Customs;
(2). actions initiated against specific administrative acts taken
by departments under the State Council or by the people's governments
of provinces, autonomous regions or municipalities directly under
the Central Government; and
(3). grave and complicated cases in areas under their jurisdiction.
Article 15 The higher people's courts shall have jurisdiction
as courts of first instance over grave and complicated administrative
cases in areas under their jurisdiction.
Article 16 The Supreme People's Court shall have jurisdiction
as a court of first instance over grave and complicated administrative
cases in the whole country.
Article 17 An administrative case shall be under the jurisdiction
of the people's court in the place where the administrative organ
that initially undertook the specific administrative act is located.
An administrative case which has been reconsidered and the reconsideration
organization has changed the original specific administrative
act also may be under the jurisdiction of the people's court in
the locality where the reconsideration organization is located.
Article 18 An action initiated against compulsory administrative
measures restricting freedom of the person shall be under the
jurisdiction of a people's court in the place where the defendant
or the plaintiff is located.
Article 19 An administrative action regarding a real property
shall be under the jurisdiction of the people's court in the place
where the real property is located.
Article 20 When two or more people's courts have jurisdiction
over the same action, the plaintiff may have the option to initiate
an action to one of these people's courts. In case that a plaintiff
initiates actions to two or more people's courts that have jurisdiction
over the case, the people's court that first receives the bill
of complaint shall have jurisdiction.
Article 21 Where a people's court finds that a case it has accepted
is not under its jurisdiction, it shall transfer the case to the
people's court that has jurisdiction over the case. The people's
court to which the case has been transferred may not transfer
the case again to another people's court on its own.
Article 22 Where a people's court which has jurisdiction over
a case is unable to exercise its jurisdiction for special reasons,
a people's court at a higher level shall designate another court
to exercise the jurisdiction.
In case that a dispute arises over jurisdiction between the people's
courts, it shall be resolved by the parties to the dispute through
consultation. If the consultation fails, it shall be reported
to a people's court superior to the courts in dispute for the
designation of jurisdiction.
Article 23 People's courts at higher levels shall have the authority
to try administrative cases over which people's courts at lower
levels have jurisdiction as courts of first instance, and may
also transfer administrative cases over which they themselves
have jurisdiction as courts of first instance to people's courts
at lower levels for trial.
Where a people's court deems it necessary that an administrative
case of first instance under its jurisdiction shall be tried by
a people's court at a higher level, it may report to such a people's
court for a decision.
Chapter IV Participants in Proceedings
Article 24 A citizen, a legal person or any other organization
that initiates an action in accordance with this Law shall be
a plaintiff.
If a citizen who has the right to initiate an action is dead,
his or her near relatives may initiate an action.
If a legal person or any other organization that has the right
to initiate an action has terminated, the legal person or any
other organization that succeeds to its rights may initiate an
action.
Article 25 Where a citizen, a legal person or any other organization
initiate an action directly to a people's court, the administrative
organ that took the specific administrative act shall be the defendant.
Regarding to a reconsidered case, if the reconsideration organization
upholds the original specific administrative act, the administrative
organ that initially took the act shall be the defendant; if the
reconsideration organization has changed the original specific
administrative act, the reconsideration organization shall be
the defendant.
Where two or more administrative organs have taken the same specific
administrative act, the administrative organs that have jointly
taken the act shall be the joint defendants.
If a specific administrative act has been taken by an organization
authorized by the law or regulations, the organization shall be
the defendant. If a specific administrative act has been taken
by an organization as entrusted by an administrative organ, the
entrusting administrative organ shall be the defendant.
Where an administrative organ has been abolished, the administrative
organ that carries on the exercise of functions and powers of
the abolished organ shall be the defendant.
Article 26 Where one party or both parties consist of two or more
persons, and their administrative cases are against the same specific
administrative act or against the specific administrative acts
of the same nature, and the people's court considers that the
trial of the cases can be merged, this shall be a joint action.
Article 27 Any other citizen, legal person or any other organization
who or which has interests in a specific administrative act against
which an action is initiated may apply to participate in the action
as a third party, or may participate in the proceedings upon notification
by the people's court.
Article 28 Any citizen with no capacity for action shall be represented
by his or her legal representatives in proceedings. In case that
the legal representatives try to shift the responsibilities onto
each other, the people's court may appoint one of them to represent
the citizen in proceedings.
Article 29 Each party or legal representative may entrust one
or two persons to represent him or her in proceedings.
A lawyer, a social group, near relatives of a citizen who has
initiated an action, or a person recommended by the unit to which
the citizen belongs or any other citizen approved by the people's
court may be entrusted as an agent
Article 30 A lawyer who serves as an agent may consult materials
pertaining to the case in accordance with relevant provisions,
and may also investigate among and collect evidence from the organizations
and citizens concerned. If the information involves State secrets
or personal privacy, the lawyer shall keep it confidential in
accordance with relevant provisions of the law.
Upon approval of the people's court, parties and other agents
may consult the materials relating to the trial of the case, however,
those involving State secrets or personal privacy shall be excluded.
Chapter V Evidence
Article 31 Evidence includes the following types:
(1). documentary evidence;
(2). material evidence;
(3). audio-video material;
(4). testimony of witnesses;
(5). statements of the parties;
(6). expert conclusions; and
(7). records of inquests and records made on the scene.
Any of the above-mentioned evidence must be verified by the court
before it can be taken as a basis for ascertaining a fact.
Article 32 The defendant shall have the burden of proof for the
specific administrative act it has taken, and shall provide evidence
and regulatory documents on which the act has been based.
Article 33
In the course of legal proceedings, the defendant may not collect
evidence from the plaintiff and witnesses on its own initiative.
Article 34
The people's court shall have the authority to request the parties
to provide or supplement evidence.
The people's court shall have the authority to obtain evidence
from the relevant administrative organs, other organizations or
citizens.
Article 35
In the course of legal proceedings, when a people's court considers
that an expert evaluation for a specialized problem is necessary,
the issue shall be entrusted to an statutory expert evaluation
department for an expert evaluation. In absence of such a statutory
expert evaluation department, the people's court shall designate
one evaluation department to conduct an expert evaluation.
Article 36
Under the circumstance where evidence is likely to be cease to
exist or be lost or would be difficult to obtain later on, the
participants in proceedings may apply to the people's court for
the preservation of the evidence, the people's court may also
take measures to preserve such evidence on its own initiative.
Chapter VI Initiation of an Action and Acceptance of a Case
Article 37
Regarding to an administrative case within the scope of acceptance
by the people's court, a citizen, a legal person or any other
organization may first apply for a reconsideration to an administrative
organ at the next higher level or to an administrative organ as
prescribed by the law or regulations, and may initiate an action
to a people's court if refusing to accept the reconsideration
decision; also may initiate an action to a people's court directly.
In case that an application for a consideration to an administrative
organ shall be made first as stipulated by relevant provisions
of laws and regulations, and that an action may be then initiated
to a people's court if refusing to accept the reconsideration
decision, the provisions of the laws and regulations shall apply.
Article 38
Where a citizen, a legal person or any other organization applies
to an administrative organ for a reconsideration, the reconsideration
organ shall make a decision within two months from the day of
the receipt of the application. However, cases stipulated otherwise
by laws and regulations shall be excluded.
Where any applicant refuses to accept the reconsideration decision,
the applicant may initiate legal proceedings to a people's court
within 15 days from the day of the receipt of the reconsideration
decision. If the reconsideration organ fails to make a decision
on the expiration of the time limit, the applicant may bring a
suit before a people's court within 15 days after the time limit
for reconsideration expires, except as otherwise provided for
by law.
Article 39
Where a citizen, a legal person or any other organization choose
to directly initiate an action to a people's court, he or it shall
do so within three months from the day when he or it comes to
know that a specific administrative act has been taken, except
as otherwise provided for by law.
Article 40
In case that a citizen, a legal person or any other organization
misses the time limit prescribed by law due to force majeure or
other special reasons, he or it may apply for an extension of
the time limit within ten days after the obstacle is eliminated,
the people's court shall make a decision thereon.
Article 41
The following requirements shall be met when an action to be initiated:
(1). the plaintiff must be a citizen, a legal person or any other
organization that considers a specific administrative act as having
infringed upon his or its lawful rights and interests;
(2). there must be a specific defendant;
(3). there must be specific claims and corresponding factual basis;
and
(4). the suit must fall within the scope of cases acceptable to
the people's courts and the jurisdiction of the people's court
accepting to hear the case.
Article 42
When a people's court receives a bill of complaint, it shall,
upon examination, file a case or make a ruling not to accept it
within seven days. If the plaintiff refuses to accept the ruling,
the plaintiff may appeal to a people's court at the higher level.
Chapter VII Trial and Judgment
Article 43
A people's court shall, within five days after filing a case,
send a copy of the bill of complaint to the defendant. The defendant
shall, within 10 days after receiving the copy of the bill of
complaint, provide the people's court with the documents on which
a specific administrative act has been based and submit a bill
of defense. The people's court shall send a copy of the bill of
defense to the plaintiff within five days after receiving it.
Failure by the defendant to submit a bill of defense shall not
affect the trial of the case 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:
(1). if suspension is deemed necessary by the defendant;
(2). if the defendant applies for a suspension of execution, and
the people's court deems that execution of the specific administrative
act will cause irremediable losses and suspension of the execution
will not harm public interests, and thus rules to suspend the
execution; or
(3). if suspension of execution is required by the provisions
of laws or regulations.
Article 45
The people's court shall openly try administrative cases, unless
the cases involve State secrets or personal privacy or are otherwise
provided for by law.
Article 46
When the people's court hears administrative cases, a collegial
panel of judges or of judges and assessors shall be formed. 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 related to it, which may affect
the impartial handling of the case, the party shall have the right
to demand the withdrawal of the judicial personnel.
If a member of the judicial personnel considers himself or herself
to have an interest in the case or to have other relations with
it, he or she 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 presiding
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 presiding judge. Any party who
refuses to accept the decision may apply for a reconsideration.
Article 48
In case where a plaintiff refuses to appear in court without justified
reasons after being summoned twice by the people's court, the
court shall consider this an application of withdrawal of the
case; if the defendant refuses to appear in court without justified
reasons, the court may make a judgment by default.
Article 49
If a participant in the proceedings or any other person commits
any of the following acts, the people's court may, according to
the seriousness of his or her offense, reprimand him or her, order
him or her to sign a statement of repentance or impose upon him
or her a fine not exceeding 1,000 yuan or detain him or her for
a period not exceeding 15 days; if a crime is constituted, criminal
responsibility shall be investigated according to law:
(1). any person who has the duty to render assistance, but delays
without reason or refuses to render assistance or obstructing
the execution after the people's court has served him or her a
notice for assistance;
(2). forging, concealing or destroying evidence;
(3). instigating, bribing or coercing others to make false testimony
or obstructing witnesses from giving testimony;
(4). concealing, transferring, selling or destroying the property
that has been sealed up, seized or frozen;
(5). resorting to violence, coercion or other means to obstruct
the personnel of a people's court from performing their duties
or disturbing the order of a people's court; or
(6). insulting, slandering, framing, beating or retaliating against
the personnel of a people's court, participants in proceedings
or personnel who assist in the execution of duties.
A fine or detention must be approved by the president of a people's
court. Any party who refuses to accept the punishment decision
may apply for a reconsideration.
Article 50
A people's court shall not apply conciliation in trying an administrative
case.
Article 51
Prior to a judgment or rulings made by a people's court on an
administrative case, if the plaintiff applies for the withdrawal
of the case, or if the defendant amends the specific administrative
act and the plaintiff, as a result, agrees and applies for the
withdrawal of the suit, the people's court shall decide whether
or not to grant the approval thereon.
Article 52
In trying administrative cases, the people's courts shall take
the law, administrative rules and regulations and local regulations
as the criteria. Local regulations shall be applicable to administrative
cases within the corresponding administrative areas.
In trying administrative cases of a national autonomous area,
the people's courts shall also take the regulations on autonomy
and separate regulations of the national autonomous area as the
criteria.
Article 53
In trying administrative cases, the people's courts shall take
as reference regulations formulated and announced by ministries
or commissions under the State Council in accordance with the
law and administrative rules and regulations, decisions or orders
of the State Council, and regulations formulated and announced,
in accordance with the law and administrative rules and regulations
of the State Council, by the people's governments of provinces,
autonomous regions and municipalities directly under the Central
Government, by the cities where the people's governments of provinces
and autonomous regions are located, as well as rules and regulations
made, in accordance with laws and administrative regulations of
the State Council, by the larger cities approved by the State
Council.
If a people's court considers regulations or rules formulated
and announced by a local people's government to be inconsistent
with regulations or rules formulated and announced by a ministry
or commission under the State Council, or if it considers rules
or regulations formulated and announced by ministries or commissions
under the State Council to be inconsistent with each other, the
Supreme People's Court shall refer the matter to the State Council
for an interpretation or ruling.
Article 54
After hearing a case, a people's court shall make one of the following
judgments according to the conditions:
(1). rule to uphold the specific administrative act if the evidence
for taking the specific administrative act is conclusive, the
application of the law and regulations is correct, and the legal
procedure is complied with.
(2). rule to cancel or cancel partially the specific administrative
act, or rule the defendant to make a new administrative act if
the specific administrative act has been taken in one of the following
circumstances:
1. found to be inadequate in essential evidence;
2. found that the application of the law or regulations is erroneous;
3. found to have violated the legal procedure;
4. found to have acted exceeding authority; or
5. found to have abused the powers.
(3). if a defendant fails to perform or delays the performance
of its statutory duty, a fixed time shall be set by judgment for
its performance of the duty.
(4). if an administrative penalty is obviously unfair, rule to
make amendment.
Article 55
Where the people's court rules a defendant to take a new specific
administrative act, the defendant may not, based on the same fact
and reason, undertake a specific administrative act essentially
identical with the original one.
Article 56
In trying 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, the court 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 that there
exists a criminal act, it shall transfer the relevant materials
to the public security and procuratorial organs.
Article 57
The people's court shall make a judgment of first instance within
three months from the day of filing the case. If an extension
of the time limit is necessary under special circumstances, it
shall be approved by a higher people's court, if an extension
of the time limit for trying a case of first instance by a higher
people's court is needed, this shall be approved by the Supreme
People's Court.
Article 58
If a party refuses to accept a judgment of first instance made
by a people's court, the party shall have the right to file an
appeal with the people's court at the next higher level within
15 days after the service of the written judgment. If a party
refuses to accept a ruling of first instance made by a people's
court, the party shall have the right to file an appeal with the
people's court at the next higher level within 10 days after the
service of the written ruling. All judgments and rulings of first
instance made by the 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.
If an extension of the time limit is necessary under special circumstances,
it shall be approved by a higher people's court, if an extension
of the time limit for handling an appealed case by a higher people's
court is necessary, this shall be approved by the Supreme People's
Court.
Article 61
The people's court shall handle appealed cases in light of the
conditions:
(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 shall be upheld;
(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 shall be remanded to the original people's court for
a 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 ruling rendered in
a retrial of their case.
Article 62
If a party considers that a legally effective judgment or ruling
contains definite error, the party 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 ruling 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 ruling
made by his or her court and deems it necessary to have the case
retried, the president 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 ruling
made by 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 ruling
made by 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 ruling
made by the people's court.
If a citizen, a legal person or any other organization refuses
to perform the judgment or ruling, 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
ruling, 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 ranging from 50 to 100 yuan per day on an
administrative organ that fails to perform the judgment or ruling
within the prescribed time limit, counting from the day when the
time limit expires;
(3). making a judicial proposal to the administrative organ next
higher to the administrative organ in question or to a supervisory
or personnel department. The organ 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 ruling, and the circumstances are so serious that a crime is
constituted, the head of the administrative organ and the person
directly held responsible 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 initiates an action nor
carries out the specific administrative act, the administrative
organ may apply to a people's court for compulsory execution,
or proceeds with compulsory execution according to law.
Chapter IX Compensation Liability for Infringement of Rights
Article 67
A citizen, a legal person or any other organization who suffers
damage because of the infringement upon his or her or its lawful
rights and interests by a specific administrative act taken by
an administrative organ or its personnel 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 the administrative organ. If the disposition by the administrative
organ is refused to be accepted, an action may be initiated to
a people's court.
Conciliation may apply to an action for compensation.
Article 68
If a specific administrative act taken by an administrative organ
or its personnel infringes upon the lawful rights and interests
of a citizen, a legal person or any other organization and thus
causes damage thereto, the administrative organ or the administrative
organ to which the personnel belongs shall bear the liability
for making compensation.
After having borne the liability for making compensation, the
administrative organ shall instruct those 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 actions
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 actions in the People's Republic
of China shall have the same rights and obligations to action
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 of
this Law, the provisions of the international treaty shall apply,
with exception of those clauses 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 in administrative actions 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
The 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 specific
measures on the charging of litigation fees shall be made separately.
Article 75
This Law shall come into force on October 1, 1990.
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