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

　　（3） where suspension of execution is required by the provisions of laws or regulations.

　　Article 45 Administrative cases in the people's courts shall be tried in public， except for those that involve state secrets or the private affairs of individuals or are otherwise provided for by law.

　　Article 46 Administrative cases in the pe

ople's courts shall be tried by a collegial panel of judges or of judges and assessors. The number of members of a collegial panel shall be an odd number of three or more.

　　Article 47 If a party considers a member of the judicial personnel to have an interest in the case or to be otherwise related to it， which may affect the impartial handling of the case， the party shall have the right to demand his withdrawal.

　　If a member of the judicial personnel considers himself to have an interest in the case or to be otherwise related to it， he shall apply for withdrawal.

　　The provisions of the two preceding paragraphs shall apply to court clerks， interpreters， expert witnesses and persons who conduct inquests.

　　The withdrawal of the president of the court as the chief judge shall be decided by the court's adjudication committee； the withdrawal of a member of the judicial personnel shall be decided by the president of the court； the withdrawal of other personnel shall be decided by the chief judge. Parties who refuse to accept the decision may apply for reconsideration.

　　Article 48 If the plaintiff refuses to appear in court without justified reasons after being twice legally summoned by the people's court， the court shall consider this an application for the withdrawal of the suit； if the defendant refuses to appear in court without justified reasons， the court may make a judgment by default.

　　Article 49 If a participant in the proceedings or any other person commits any of the following acts， the people's court may， according to the seriousness of his offence， reprimand him， order him to sign a statement of repentance or impose upon him a fine of not more than 1，000 yuan or detain him for not longer than 15 days； if a crime is constituted， his criminal responsibility shall be investigated：

　　（1） evading without reason， refusing to assist in or obstructing the execution of the notice of a people's court for assistance in its execution by a person who has the duty to render assistance；

　　（2） forging， concealing or destroying evidence；

　　（3） instigating， suborning or threatening others to commit perjury or hindering witnesses from giving testimony；

　　（4） concealing， transferring， selling or destroying the property that has been sealed up， seized or frozen；

　　（5） using violence， threats or other means to hinder the personnel of a people's court from performing their duties or disturbing the order of the work of a people's court； or （6） insulting， slandering， framing， beating or retaliating against the personnel of a people's court， participants in proceedings or personnel who assist in the execution of duties； A fine or detention must be approved by the president of a people's court. Parties who refuse to accept the punishment decision may apply for reconsideration.

　　Article 50 A people's court shall not apply conciliation in handling an administrative case.

　　Article 51 Before a people's court announces its judgment or order on an administrative case， if the plaintiff applies for the withdrawal of the suit， or if the defendant amends its specific administrative act and， as a result， the plaintiff agrees and applies for the withdrawal of the suit， the people's court shall decide whether or not to grant the approval.

　　Article 52 In handling administrative cases， the people's courts shall take the law， administrative rules and regulations and local regulations as the criteria. Local regulations shall be applicable to administrative cases within the corresponding administrative areas. In handling administrative cases of a national autonomous area， the people's courts shall also take the regulations on autonomy and separate regulations of the national autonomous area as the criteria.

　　Article 53 In handling administrative cases， the people's courts shall take， as references， regulations formulated and announced by

ministries or commissions under the State Council in accordance with the law and administrative rules and regulations， decisions or orders of the State Council and regulations formulated and announced， in accordance with the law and administrative rules and regulations of the State Council， by the people's governments of provinces， autonomous regions and municipalities directly under the Central Government， of the cities where the people's governments of provinces and autonomous regions are located， and of the larger cities approved as such by the State Council.

　　If a people's court considers regulations formulated and announced by a local people's government to be inconsistent with regulations formulated and announced by a ministry or commission under the State Council， or if it considers regulations formulated and announced by ministries or commissions under the State Council to be inconsistent with each other， the Supreme People's Court shall refer the matter to the State Council for interpretation or ruling.

　　Article 54 After hearing a case， a people's court shall make the following judgments according to the varying conditions：

　　（1） If the evidence for undertaking a specific administrative act is conclusive， the application of the law and regulations to the act is correct， and the legal procedure is complied with， the specific administrative act shall be sustained by judgment.

　　（2） If a specific administrative act has been undertaken in one of the following circumstances， the act shall be annulled or partially annulled by judgment， or the defendant may be required by judgment to undertake a specific administrative act anew：

　　a. inadequacy of essential evidence；

　　b. erroneous application of the law or regulations；

　　c. violation of legal procedure；

　　d. exceeding authority； or

　　e. abuse of powers.

　　（3） If a defendant fails to perform or delays the performance of his statutory duty， a fixed time shall be set by judgment for his performance of the duty.

　　（4） If an administrative sanction is obviously unfair， it may be amended by judgment.

　　Article 55 A defendant who has been judged by a people's court to undertake a specific administrative act anew must not， based on the same fact and reason， undertake a specific administrative act essentially identical with the original act.

　　Article 56 In handling administrative cases， if a people's court considers the head of an administrative organ or the person directly in charge to have violated administrative discipline， it shall transfer the relevant materials to the administrative organ or the administrative organ at the next higher level or to a supervisory or personnel department； if a people's court considers the person to have committed a crime， it shall transfer the relevant materials to the public security and procuratorial organs.

　　Article 57 A people's court shall pass a judgment of first instance within three months from the day of filing the case. Extent of the time limit necessitated by special circumstances shall be approved by a higher people's court， extent of the time limit for handling a case of first instance by a higher people's court， extent of the time limit for handling a case of first instance by a higher people's court shall be approved by the Supreme People's Court.

　　Article 58 If a party refuses to accept a judgment of first instance by a people's court， he shall have the right to file an appeal with the people's court at the next higher level within 15 days of the serving of the written judgment. If a party refuses to accept an order of first instance by a people's court， he shall have the right to file an appeal with the people's court at the next higher level within 10 days of the serving of the written order. All judgments and orders of first instance by a people's court that have not been appealed within the prescribed tim

e limit shall be legally effective.

　　Article 59 A people's court may handle an appealed case by examining the court records， if it considers the facts clearly ascertained.

　　Article 60 In handling an appealed case， a people's court shall make a final judgment within two months from the day of receiving the appeal. Extent of the time limit necessitated by special circumstances shall be approved by a higher people's court， extent of the time limit for handling an appealed case by a higher people's court shall be approved by the Supreme People's Court.

　　Article 61 A people's court shall handle an appealed case respectively according to the conditions set forth below：

　　（1） if the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment， the appeal shall be rejected and the original judgment sustained；

　　（2） if the facts are clearly ascertained but the law and regulations are incorrectly applied in the original judgment， the judgment shall be amended according to the law and regulations； or

　　（3） if the facts are not clearly ascertained in the original judgment or the evidence is insufficient， or a violation of the prescribed procedure may have affected the correctness of the original judgment， the original judgment shall be rescinded and the case remanded to the original people's court for retrial， or the people's court of the second instance may amend the judgme

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