CHINA TOPIX

11/22/2024 05:32:53 am

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China Makes Suing Gov’t Easier For Citizens

Chinese legislators have passed an amendment to the Administrative Procedure Law, making it easier for citizens to exercise their right to sue the government.

The revisions were enacted through a vote from the members of the Standing Committee of the National People's Congress (NPC), closing a week-long, bi-monthly legislative session.

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According to state media Xinhua, this instruct courts to launch administrative proceedings if the lawsuit states violation of "agreements on land and housing compensation and commercial operations franchised by the government," a clause deliberated on three times in the session.

If the violation is confirmed, authorities will be expected to follow the requirements of their agreement or give compensation, even if they have legitimate reasons to terminate the contracts. It didn't detail the process of determining settlement.

Defending government agencies or authorities will be obliged to appear in court. Refusal to do so, without legitimate reasons, or those who walk out during trial may face additional punishment. This breaks the current tradition of having lawyers or staff represent them in court.

Evidences of threats or fraud to "force" the plaintiff to withdraw may also incur fines or detention.

The amendment urges the courts to be more open to rights infringement cases, abating its power to junk actionable cases by citing "specific administrative rights".  

Xiu Fiujin, a member of the NPC Standing Committee, shared survey finding that notes only 35.19 percent of cases filed against government agencies were accepted by court in 2012. 

Taking effect in 1990, the Administrative Procedure Law gives Chinese citizens' the right to take the government to court. The amendment is seen to better serve the rights and interests of citizens, as it provides them "a more solid legal foundation for administrative and judicial reform."

Revisions to the Administrative Procedure Law will be carried out beginning May 1, 2015.

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