Administrative Procedure Law of the People's Republic of China
This article needs additional citations for verification. (August 2023) |
China portal |
The Administrative Procedure Law of the
Article 11 lists types of administrative actions that can be challenged must be "concrete actions" which include: administrative punishments (such as detentions and fines), administrative coercive measures, interference with the operations of enterprises, refusal to take action or perform an obligation, unlawful demands for performance of duties, and violations of rights of the person or a property right. The review of state action is carried out in the local people's courts.
Article 12 limits the scope of the law. Court review of agency action is not permitted for state action involving national defense or foreign affairs. Moreover, the court cannot review administrative legislation.
Despite these limitations, many observers have argued that the Administrative Litigation Law has greatly furthered the spread of
A typical case involving the ALL involves misappropriation of land. The PRC has a very complex system of land tenure and land use rights, and often local governments will move land from agriculture to construction illegally.
In 2015, the Administrative Law was revised.[1]: 136 The revisions expanded the people's rights to sue the government.[1]: 136
According to academic Keyu Jin, the revisions to the Administrative Procedure Law codified in 2021 mark a new milestone in improving the rule of law in China.[1]: 281
References
- ^ ISBN 978-1-9848-7828-1.