The Administrative Procedure Law was promulgated in 1989, and amended in 2014 and 2017 respectively. The latest revision entered into force on July 1, 2017.
There are 153 articles in total. It is divided into ten parts.
The key points are as follows:
1.f a citizen, a legal person or any other organization considers that his or its lawful rights or interests have been infringed upon by an administrative act of an administrative organ or its personnel, he or it has the right to initiate legal proceedings with a people’s court in accordance with this Law.
2.The person in charge of an administrative organ sued shall appear in court and participate in the proceedings.
3.A people’s court shall not accept the actions initiated by citizens, legal persons or other organizations if they involves any of the following matters: (1) State acts on issues such as national defense or diplomacy; (2) administrative regulations or rules, or decisions and decrees with normal binding force which are formulated and issued by administrative organs; (3) decisions made by administrative organs on awards and penalties, or appointment and removal of their personnel; and (4) administrative acts over which administrative organs hold final judgment in accordance with the law.
4.When hearing an administrative case, a people’s court shall check the legality of the relevant administrative act.( Article 6)
5.With regard to an administrative case within the scope of acceptance by a people’s court, a citizen, a legal person or any other organization may first apply to the relevant administrative organ for reconsideration and, if refusing to accept the reconsideration decision, may initiate an action to the people’s court; it/he may also initiate an action to the people’s court directly.
6.The defendant shall have the burden of proof for the administrative act it has taken, and shall provide evidence and regulatory documents on which the act has been based.
7.When hearing an administrative case, the second instance is final.