The people's court shall set up an administrative tribunal to hear administrative cases. Article 4 In trying administrative cases, the people's courts shall take facts as the basis and the law as the criterion. Article 5 When trying administrative cases, the people's courts shall examine the legality of specific administrative acts. Article 6 When trying administrative cases, the people's courts shall practise a system of collegiate bench, recusal, public trial and final adjudication by two trials according to law. Article 7 The parties have equal legal status in administrative litigation. Article 8 Citizens of all ethnic groups have the right to use their own spoken and written languages in administrative proceedings.
In areas where ethnic minorities live in compact communities or where many ethnic groups live together, the people's courts shall conduct trials and issue legal documents in the spoken and written languages commonly used by local ethnic groups.
The people's court shall provide translators for participants in the proceedings who are not familiar with the spoken and written languages commonly used by local nationalities. Article 9 The parties have the right to debate in administrative proceedings. Article 10 The People's Procuratorate has the right to exercise legal supervision over administrative litigation. Chapter II Scope of Accepting Cases Article 11 The people's courts shall accept lawsuits brought by citizens, legal persons and other organizations against the following specific administrative acts:
(1) Refusing to accept administrative punishments such as detention, fines, revocation of permits and licenses, order to stop production and business, confiscation of property, etc. ;
(2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property;
(three) that the administrative organ has violated the right of independent management as stipulated by law;
(four) the administrative organ refuses to issue or reply to the license application and the license issued by the administrative organ that meet the statutory conditions;
(five) the application for administrative organs to perform the statutory duties of protecting personal rights and property rights, and the administrative organs refuse to perform or refuse to reply;
(six) that the administrative organ fails to issue pensions according to law;
(seven) that the administrative organ illegally requires it to perform its obligations;
(eight) that the administrative organ violates other personal rights and property rights.
In addition to the provisions of the preceding paragraph, the people's courts accept other administrative cases that can be brought to court according to laws and regulations. Article 12 The people's courts shall not accept lawsuits filed by citizens, legal persons or other organizations on the following matters:
(1) National defense, foreign affairs and other acts of the state;
(2) Administrative regulations, rules or decisions and orders with general binding force formulated and issued by administrative organs;
(three) the decision of the administrative organ on the reward and punishment, appointment and removal of the staff of the administrative organ;
(4) The specific administrative act finally decided by the administrative organ according to law. Chapter III Jurisdiction Article 13 The basic people's courts shall have jurisdiction over administrative cases of first instance. Article 14 The Intermediate People's Court shall have jurisdiction over the following administrative cases of first instance:
(1) Cases in which the invention patent right is confirmed and cases handled by the customs;
(two) cases of litigation against specific administrative acts of various departments in the State Council or the people's governments of provinces, autonomous regions and municipalities directly under the central government;
(3) Major and complicated cases within its jurisdiction. Article 15 The Higher People's Court shall have jurisdiction over major and complicated administrative cases of first instance within its jurisdiction. Article 16 the Supreme People's Court has jurisdiction over major and complicated administrative cases of first instance nationwide. Article 17 An administrative case shall be under the jurisdiction of the people's court where the administrative organ that initially made the specific administrative act is located. After reconsideration, if the reconsideration organ changes the original specific administrative act, it may also be under the jurisdiction of the people's court where the reconsideration organ is located. Article 18 A lawsuit brought against administrative compulsory measures restricting personal freedom shall be under the jurisdiction of the people's court where the defendant is located or where the plaintiff is located. Article 19 Administrative litigation brought by real estate shall be under the jurisdiction of the people's court where the real estate is located. Article 20 In a case where two or more people's courts have jurisdiction, the plaintiff may choose one of them to bring a lawsuit. If the plaintiff brings a lawsuit to two or more people's courts with jurisdiction, it shall be under the jurisdiction of the people's court that first received the complaint. Article 21 When a people's court finds that a case it accepts is not under its jurisdiction, it shall transfer it to a people's court with jurisdiction. The transferred people's court shall not transfer it by itself. Article 22 If a people's court with jurisdiction is unable to exercise jurisdiction due to special reasons, the people's court at a higher level shall designate jurisdiction.
Disputes over the jurisdiction of the people's courts shall be settled by both parties to the dispute through consultation. If negotiation fails, it shall be reported to the people's court at a higher level for designated jurisdiction. Article 23 A people's court at a higher level has the right to try administrative cases of first instance under the jurisdiction of a people's court at a lower level, or it may transfer administrative cases of first instance under its jurisdiction to a people's court at a lower level for trial.
If the people's court at a lower level thinks that the administrative case of first instance under its jurisdiction needs to be tried by the people's court at a higher level, it may report it to the people's court at a higher level for decision.