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Administrative Procedure Law of the People's Republic of China
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(Adopted at the Second Session of the Seventh National People's Congress on April 4,1989 and promulgated by Order No.16 of the President of the People's Republic of China on April 4,1989)

Contents

Chapter I    General Provisions 

Chapter II   Scope of Accepting Cases

Chapter III  Jurisdiction

Chapter IV   Participants in Proceedings

Chapter V    Evidence 

Chapter VI   Bringing a Suit and Accepting a Case

Chapter VII  Trial and Judgment

Chapter VIII Execution

Chapter IX   Liability for Compensation for Infringement of Rights

Chapter X    Administrative Procedure Involving Foreign Interests

Chapter XI   Supplementary Provisions

Chapter I

Genera Provisions

Article  1  Pursuant to the Constitution,  this Law is enacted  for the purpose of ensuring the correct and prompt handling of administrative cases by the people's courts, protecting the lawful rights and interests of citizens, legal persons and other organizations, and safeguarding and supervising the exercise of administrative powers by administrative organs in accordance with the law.

Article  2  If a citizen, a legal person or any other organization considers that his or its lawful rights and interests have been infringed upon by a specific administrative act of an administrative organ or its personnel,  he or it shall have the right to bring a suit before a people's court in accordance with this Law.

Article  3  The people's courts shall, in accordance  with the law, exercise judicial power independently with respect to administrative cases,  and shall not be subject to interference by any administrative organ, public organization or individual.

The people's courts shall set up administrative divisions for the handling of administrative cases.

Article  4  In conducting administrative proceedings, the people's courts shall base themselves on facts and take the law as the criterion.

Article  5  In handling administrative cases, the people's courts  shall examine the legality of specific administrative acts.

Article  6  In handling administrative cases, the people's courts  shall, as prescribed by law, apply the systems of collegial panel,  withdrawal of judicial personnel and  public trial and a system whereby the second instance is the final instance.

Article  7  Parties to an administrative suit shall have equal legal positions.

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 adjudication and issue legal documents in the language o 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 suit shall have the right to debate.

Article  10  The people'  procuratorates shall have the right to  exercise legal supervision over administrative proceedings.

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