(Explaining Laws through Cases) - The Administrative Litigation Law Chapter

Author: Hu Jingguang Wang Conghu
Publisher:
Publish Date: 2001-07-28
Features: The Provision 3, Paragraph 2 of the "Civil Procedure Law of the People's Republic of China (Trial Implementation)" in 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 actions of administrative organs. From then on, the administrative litigation system in our country began 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 perfection of China's administrative litigation system. People's Courts have also adjudicated a large number of administrative cases based on the aforementioned substantive 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 their administrative powers in accordance with the law. The systematic structure and content selection of this book are designed to meet the needs of citizens, legal persons, and other organizations in understanding the basic content of the Administrative Litigation Law. We take some common administrative litigation cases as clues, arrange and analyze 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 enforcement of administrative litigation, and provide 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.