中华人民共和国行政诉讼法 ADMINISTRATIVE PROCEDURE LAW OF THE PEOPLES REPUBLIC OF CHINA

a citizen who has the right to bring a suit is deceased， his near relatives may bring the suit.

　　If a legal person or any other organization that has the right to bring a suit terminates， the legal person or any other organization that succeeds to its rights may bring the suit.

　　Article 25 If a citizen， a legal person or any other organization， brings a suit directly before a people's court， the administrative organ that undertook the specific administrative act shall be the defendant.

　　For a reconsidered case， if the organ that conducted the reconsideration sustains the original specific administrative act， the administrative organ that initially undertook the act shall be the defendant； if the organ that conducted the reconsideration has amended the original specific administrative act， the administrative organ which conducted the reconsideration shall be the defendant.

　　If two or more administrative organs have undertaken the same specific administrative act， the administrative organs that have jointly undertaken the act shall be the joint defendants.

　　If a specific administrative act has been undertaken by an organization authorized to undertake the act by the law or regulations， the organization shall be the defendant. If a specific administrative act has been undertaken by an organization as entrusted by an administrative organ， the entrusting organ shall be the defendant.

　　If an administrative organ has been abolished， the administrative organ that carries on the exercise of functions and powers of the abolished organ shall be the defendant.

　　Article 26 A joint suit shall be constituted when one party or both parties consist of two or more persons and the administrative cases are against the same specific administrative act or against the specific administrative acts of the same nature and the people's court considers that the cases can be handled together.

　　Article 27 If any other citizen， legal person or any other organization has interests in a specific administrative act under litigation， he or it may， as a third party， file a request to participate in the proceedings or may partici

pate in them when so notified by the people's court.

　　Article 28 Any citizen with no capacity to take part in litigation shall have one or more legal representatives who will act on his behalf in a suit. If the legal representatives try to shift their responsibilities onto each other， the people's court may appoint one of them as the representative of the principal in litigation.

　　Article 29 Each party or legal representative may entrust one or two persons to represent him in litigation.

　　A lawyer， a public organization， a near relative of the citizen bringing the suit， or a person recommended by the unit to which the citizen bringing the suit belongs or any other citizen approved by the people's court may be entrusted as an agent ad litem.

　　Article 30 A lawyer who serves as an agent ad litem may consult materials pertaining to the case in accordance with relevant provisions， and may also investigate among and collect evidence from the organizations and citizens concerned. If the information involves state secrets or the private affairs of individuals， he shall keep it confidential in accordance with relevant provisions of the law.

　　With the approval of the people's court， parties and other agents ad litem may consult the materials relating to the court proceedings of the case， except those that involve state secrets or the private affairs of individuals.

　　Chapter V Evidence

　　Article 31 Evidence shall be classified as follows：

　　（1） documentary evidence；

　　（2） material evidence；

　　（3） audio-visual material；

　　（4） testimony of witnesses；

　　（5） statements of the parties；

　　（6） expert conclusions； and

　　（7） records of inquests and records made on the scene.

　　Any of the above-mentioned evidence must be verified by the court before it can be taken as a basis for ascertaining a fact.

　　Article 32 The defendant shall have the burden of proof for the specific administrative act he has undertaken and shall provide the evidence and regulatory documents in accordance with which the act has been undertaken.

　　Article 33 In the course of legal proceedings， the defendant shall not by himself collect evidence from the plaintiff and witnesses.

　　Article 34 A people's court shall have the authority to request the parties to provide or supplement evidence.

　　A people's court shall have the authority to obtain evidence from the relevant administrative organs， other organizations or citizens.

　　Article 35 In the course of legal proceedings， when a people's court considers that an expert evaluation for a specialized problem is necessary， the expert evaluation shall be made by an expert evaluation department as specified by law. In the absence of such a department， the people's court shall designate one to conduct the expert evaluation.

　　Article 36 Under circumstances where there is a likelihood that evidence may be destroyed or lost or difficult to obtain later on， the participants in proceedings may apply to the people's court for the evidence to be preserved. The people's court may also on its own initiative take measures to preserve such evidence.

　　Chapter VI Bringing a Suit and Accepting a Case

　　Article 37 A citizen， a legal person or any other organization may， within the scope of cases acceptable to the people's courts， apply to an administrative organ at the next higher level or to an administrative organ as prescribed by the law or regulations for reconsideration， anyone who refuses to accept the reconsideration decision may bring a suit before a people's court； a citizen， a legal person or any other organization may also bring a suit directly before a people's court.

　　In circumstances where， in accordance with relevant provisions of laws or regulations， a citizen， a legal person or any other organization shall first apply to an administra

tive organ for reconsideration and then bring a suit before a people's court， if he or it refuses to accept the reconsideration decision， the provisions of the laws or regulations shall apply.

　　Article 38 If a citizen， a legal person or any other organization applies to an administrative organ for reconsideration， the organ shall make a decision within two months from the day of the receipt of the application， except as otherwise provided for by law or regulations. Anyone who refuses to accept the reconsideration decision may bring a suit before a people's court within 15 days from the day of the receipt of the reconsideration decision. If the administrative organ conducting the reconsideration fails to make a decision on the expiration of the time limit， the applicant may bring a suit before a people's court within 15 days after the time limit for reconsideration expires， except as otherwise provided for by law.

　　Article 39 If a citizen， a legal person or any other organization brings a suit directly before a people's court， he or it shall do so within three months from the day when he or it knows that a specific administrative act has been undertaken， except as otherwise provided for by law.

　　Article 40 If a citizen， a legal person or any other organization fails to observe the time limit prescribed by law due to force majeure or other special reasons， he or it may apply for an extent of the time limit within ten days after the obstacle is removed； the requested extent shall be decided by a people's court.

　　Article 41 The following requirements shall be met when a suit is brought：

　　（1） the plaintiff must be a citizen， a legal person or any other organization that considers a specific administrative act to have infringed upon his or its lawful rights and interests；

　　（2） there must be a specific defendant or defendants；

　　（3） there must be a specific claim and a corresponding factual basis for the suit； and （4） the suit must fall within the scope of cases acceptable to the people's courts and the specific jurisdiction of the people's court where it is filed.

　　Article 42 When a people's court receives a bill of complaint， it shall， upon examination， file a case within seven days or decide to reject the complaint. If the plaintiff refuses to accept the decision， he may appeal to a people's court.

　　Chapter VII Trial and Judgment

　　Article 43 A people's court shall send a copy of the bill of complaint to the defendant within five days of filing the case. The defendant shall provide the people's court with the documents on the basis of which a specific administrative act has been undertaken and file a bill of defence within ten days of receiving the copy of the bill of complaint. The people's court shall send a copy of the bill of defence to the plaintiff within five days of receiving it. Failure by the defendant to file a bill of defence shall not prevent the case from being tried by the people's court.

　　Article 44 During the time of legal proceedings， execution of the specific administrative act shall not be suspended. Execution of the specific administrative act shall be suspended under one of the following circumstances：

　　（1） where suspension is deemed necessary by the defendant；

　　（2） where suspension of execution is ordered by the people's court at the request of the plaintiff because， in the view of the people's court， execution of the specific administrative act will cause irremediable losses and suspension of the execution will not harm public interests； or

┨网页设计特效库┠ http://www。z┗co⊙l。com/网页特效/