Case Law Explanation -- Administrative Litigation Law Chapter

Author: Zeng Xianyi Hu Jingguang Wang Conghu
Publisher:
Publish Date: 2001-07-01
Features: The Provision 2 of Article 3 of the "Trial Provisions of the People's Republic of China Civil Procedure Law" (1982) stipulates: "People's Courts shall apply this Law when hearing administrative cases." At the same time, more than 130 separate laws and regulations specifically stipulate that citizens, legal persons, or other organizations may file administrative lawsuits against specific administrative acts of administrative organs in People's Courts if they are dissatisfied. Since then, the administrative litigation system in our country has begun to take shape. On April 4, 1989, the National People's Congress passed the "Administrative Litigation Law of the People's Republic of China." To ensure the implementation of this Law, the Supreme People's Court issued the "Opinions on Implementing the 'Administrative Litigation Law of the People's Republic of China' (Trial)" (1991), the "Interpretation of Issues Concerning the Implementation of the 'Administrative Litigation Law of the People's Republic of China'" (2000), and some relevant judicial interpretations. The passage and implementation of these laws and judicial interpretations mark the gradual improvement of our country's administrative litigation system. People's Courts have also adjudicated a large number of administrative cases based on the aforementioned substantive norms and procedural norms, playing a positive role in safeguarding the legitimate rights and interests of citizens, legal persons, and other organizations, as well as in upholding and supervising administrative organs in exercising administrative powers in accordance with the law. The system structure and content selection of this book are designed based on the needs of citizens, legal persons, and other organizations to understand the basic content of the Administrative Litigation Law. We take some common administrative litigation cases as clues, arrange them from aspects such as the conditions for administrative litigation, the scope of cases in administrative litigation, the trial of administrative litigation, the judgments in administrative litigation, and the execution of administrative litigation, and conduct in-depth yet accessible legal analysis. In the analysis, one case is generally focused on explaining one issue, without aiming for comprehensiveness but rather seeking to clarify a legal issue through a single case, thereby providing corresponding legal assistance to citizens, legal persons, and other organizations.