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Notice of the Supreme People's Court on Carrying out the Pilot Program of Summary Procedure for Administrative Lawsuits [Effective]
最高人民法院关于开展行政诉讼简易程序试点工作的通知 [现行有效]

Notice of the Supreme People's Court on Carrying out the Pilot Program of Summary Procedure for Administrative Lawsuits 


(No. 446 [2010] of the Supreme People's Court)

The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:

To guarantee and facilitate the legal exercising of litigation rights by the parties concerned, reduce the litigation burden of the parties concerned, and ensure the impartial and timely trial of administrative cases by the people's courts, upon the approval of the Central Authorities, we hereby notify you of the issues concerning carrying out the pilot program of summary procedure for administrative lawsuits by some grassroots people's courts as follows:

I. Any of the following administrative cases of first instance in which the basic facts are clear, the legal relationship is simple, and the rights and obligations are definite may be tried under the summary procedure:   一、下列第一审行政案件中,基本事实清楚、法律关系简单、权利义务明确的,可以适用简易程序审理:

(1) Cases involving small amount of property, or cases about administrative expropriation, administrative punishment, administrative payment, administrative licensing, administrative enforcement, etc. that are decided by the administrative organs on the spot; (一)涉及财产金额较小,或者属于行政机关当场作出决定的行政征收、行政处罚、行政给付、行政许可、行政强制等案件;

(2) Cases about administrative nonfeasance; or (二)行政不作为案件;

(3) Cases to which the parties voluntarily choose to apply the summary procedure and the application is examined and approved by the people's courts. (三)当事人各方自愿选择适用简易程序,经人民法院审查同意的案件。

The summary procedure shall not apply to cases remanded for retrial or retried under the trial supervision procedure.

II. For a case tried under the summary procedure, the defendant shall, within 10 workdays upon receipt of a duplicate of a complaint or a duplicate of the transcript of oral complaint, submit an answer and provide the evidence or basis on which it made the administrative act. If the defendant submits the aforesaid materials before the expiry of the time limit, the people's court may arrange the court hearing in advance.

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