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China Insight - Corporate

Administrative Procedure Law of the PRC Amended for First Time in 25 Years

12/01/2015

On 1 November 2014, the PRC National People’s Congress (“NPC”) passed the decision on amending the Administrative Procedure Law of the PRC (“Administrative Procedure Law”). The amendments (“Amendments”) will come into effect on 1 May 2015. This is the first amendment ever made to the Administrative Procedure Law since its issuance in 1989. Since it is a law about “people suing authorities”, the Amendments have attracted wide attention from both professionals and the general public and media.

According to the Vice-Chairman of the Legislative Affairs Commission of the Standing Committee of the NPC, the Amendments are aimed to solve the difficulties for people to sue authorities. Over the years, criticism has been focusing on the difficulties in filing an administrative law suit in practice, in having an administrative case heard and decided without undue influence and in enforcing a court judgment.

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Source
China Insight - Corporate
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Authors

Portrait ofUlrike Glueck
Dr. Ulrike Glueck
Managing Partner
Shanghai