(
Xinhua) 17:35, August 25, 2014
Email|
Print|
Comments twitter facebook Sina Microblog reddit BEIJING, Aug. 25 -- China's top legislature on Monday began to review a draftamendment which will make it easier for citizens to take the government to court.
The Standing Committee of the National People's Congress (NPC) on Monday started itsbimonthly meeting to review a number of documents, including a draft amendment to theAdministrative Procedure Law tabled for its second reading. If the amendment is passed,actionable cases will no longer be confined to "specific administrative acts".
As the law stands, citizens, companies or other organizations may file suit against "specificadministrative acts" by administrative agencies or personnel which they believe to haveinfringed their rights.
As Articles 11 and 12 explicitly list kinds of disputes that are actionable, the amendmentremoves the word "specific," which in practice sometimes becomes an excuse for courts tothrow out cases.
Currently, courts can only revoke an administrative act when it is deemed illegal. The draftallows the revoking of acts that are "evidently unreasonable".
The draft also compels defendants--representatives of the administrations concerned--topersonally appear before the court. At present, some defendants simply ask their lawyersto represent them in court, which often does little to help settle the dispute.
Another change in the draft is that both the original department that carried out action inquestion and the administration that reviewed the case will be listed as joint defendants.According to current law, an administrative agency which has reviewed another agency'squestionable act is only regarded as a defendant if it changed the original decision.
In practice, these stipulations have resulted in reluctance to change controversial decisions,and thereby avoid being dragged into troublesome legal wrangling, rendering theadministrative review system ineffective in some situations.
The draft also extends time limits for plaintiffs to file suit and for hearings to take place.
The 1990 Administrative Procedure Law is a major guarantee of citizens' rights to pursuethe government through the courts.
(Editor:Kong Defang、Bianji)
Email|
Print|
Comments twitter facebook Sina Microblog reddit Related reading
80 percent of citizens back reclaimed waterRwandan gov't rejects any "form of threat" over citizens in UK306 citizens honored for contribution to HKBeijing citizens can learn others' personal household informationWuhan citizen discovers record of UFO in 63-year-old paperBuild up peaceful, harmonious society in LhasaU.S. confirms detention of 12 citizens in YemenJob fair benefits Lhasa citizensUK warns its citizens against traveling to S PhilippinesInterest rates in credit to citizens down to 7.21% in BrazilWe RecommendSpecial holidaysBeautiful night scenery of NanjingPretty girls in Youth Olympic Village‘Peace Mission -2014’ joint anti-terror military exercise kicks off in ChinaEye-catching guides at the opening ceremony of YOG in NanjingA female missile launch company of PLAChina, the U.S., Britain and the Soviet Union call for Japan's unconditional surrenderName:
