The People's Republic of China administrative procedure law

Abstract

The Administrative Procedure Law adopted some eighteen months ago by the National People's Congress became effective on October 1, 1990, the 41st anniversary of the founding of the PRC. The Law provides substance to Article 41 of the Constitution of the P RC ( 1982) which granted citizens "the right to criticize and make suggestions regarding any state organ or functionary'' and to make complaints or charges against state organs and their personnel for violation of the law or dereliction of duty. The Law establishes detailed procedures for challenges of administrative actions in the People's Courts but not of the administrative rules under which such actions were taken. Citizens, legal persons or other organizations may initiate proceedings in the courts. The Law is of special interest to foreigners and foreign businesses in that Chapter 10, 'Administrative Litigation Involving Foreign Entities', in Article 71, states that ''foreigners, stateless persons and foreign organizations ....... shall have litigation rights and obligations equal to those of citizens and organizations of the PRC''.