Judgment Reviews Law at China
In China, judicial review of administrative decisions is governed by the Administrative Procedure Law of the People's Republic of China. This law provides a legal framework for individuals and organizations to challenge specific administrative acts they believe infringe upon their lawful rights and interests.
⚖️ Legal Framework
The Administrative Procedure Law, enacted in 1989 and amended in 2014 and 2017, establishes the right of citizens, legal persons, and other organizations to bring lawsuits before the people's courts if they consider that their lawful rights have been infringed upon by specific administrative acts. The law emphasizes that people's courts shall exercise judicial power independently and shall not be subject to interference by any administrative organ, public organization, or individual. It also outlines the procedures for filing lawsuits, including the requirement for administrative reconsideration before initiating a lawsuit in certain cases. Additionally, the law specifies the jurisdiction of various courts and the timelines for handling cases.
🧭 Grounds for Judicial Review
Judicial review can be sought on several grounds, including
Illegality:The administrative act is not authorized by law
Unreasonableness:The act is unreasonable or disproportionate
Procedural Impropriety:Failure to follow required procedures
Infringement of Rights:Violation of constitutional or legal rights
🏛️ Judicial Structure and Appeal Process
The judicial system for administrative cases is structured as follow:
People's Courts Handle administrative cases at various levels, including basic, intermediate, and higher people's court.
Supreme People's Court Serves as the highest court for administrative cases and has jurisdiction over significant or complex case.
Appeal Process:
First Instance judgment must be passed within three months from the day of filing the cas.
Appeal If a party refuses to accept a judgment, they have the right to file an appeal with the next higher level court within 15 days of receiving the written judgmen.
📌 Recent Development
In 2021, the Supreme People's Court emphasized the importance of judicial independence in administrative cass The court reaffirmed that people's courts must exercise judicial power independently and shall not be subject to interference by any administrative organ, public organization, or individul This statement underscores the commitment to upholding the rule of law and ensuring that administrative decisions are subject to fair and impartial reviw
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