Jurisdiction and procedure of administrative litigation in China

Administrative procedure law:

Thirteenth basic people's courts 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.

Administrative litigation:

Plaintiff's prosecution, defendant's defense and proof-giving, evidence exchange, trial (court investigation, cross-examination by both parties, court debate), collegial panel's collegiate bench, and judgment (administrative compensation can be mediated). If a party refuses to accept the judgment of first instance, he shall appeal within 15 days after receiving the judgment.