Address :
27 Dongjiaominxiang
Beijing 100745
CHINA

Phone number :
(86) 10.65.29.01.14 (Court)
(86) 10.65.29.95.75 (Mrs LIU, corresponding member of the IASAJ)
(86) 10.65.29.95.81 (Mr GUO, responsible for international relations).

Fax :
(86) 10 65.12.50.12 (Mrs LIU)
(86) 10.65.12.08.28 (Mr GUO).

Composition and structure

Number of members :
The Supreme People's Court is composed of one President and several Vice-Presidents, chief and associate chief judges of divisions, and judges.
Recruitment procedures and incompatibilities :
The President of the Supreme People's Court is elected by the National People's Congress, the highest organ of state power. Its Vice-Presidents, chief and associate chief judges of various divisions and judges are appointed or removed by the Standing Committee of the National People's Congress.

Internal organization :
According to Section 3 of the Administrative Procedure Act of the People's Republic of China, the people's courts shall set up administrative divisions for the handling of administrative cases.

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Court functions

Jurisdiction :
According to Section 11 of the Administrative Procedure Act of the People's Republic of China, the people's courts shall accept suits brought by citizens, legal persons or other organizations against any of the following specific acts :
- an administrative sanction, such as detention, fine, rescission of a licence or a permit, order to suspend production or business, or confiscation of property ;
- a compulsory administrative measure, such as restricting freedom of the person, or the sealing up, seizing or freezing of property ;
- infringement upon one's managerial decision-making powers, which is considered to have been perpetrated by an administrative organ ;
- refusal by an administrative organ to issue a permit or licence, which one considers oneself legally qualified to apply for, or its failure to respond to the application ;
- refusal by an administrative organ to perform its statutory duty of protecting one's right of the person and of property, as one has applied for, or its failure to respond to the application ;
- cases where an administrative organ is considered to have failed to issue a pension according to the law ;
- cases where an administrative organ is considered to have illegally demanded the performance of duties ;
- cases where an administrative organ is considered to have infringed upon other rights of the person and of property.
Apart from the provisions set forth in the preceding paragraphs, the people's courts shall accept other administrative suits which may be brought in accordance with the provisions of relevant law and regulations.

Organization of the courts system :
The administrative procedure in China is a system whereby the second instance is the last instance. Judgements and rulings of first instance against which no appeals have been made within the prescribed time limit and those of second instance shall take legal effect and be binding upon the parties concerned.

Powers of the judge (annulment, reversal, compensation, etc...) :
According to the Administrative Procedure Statute of the People's Republic of China, the people's courts shall have the power of judgment over specific administrative acts, that is :
- a lawful specific administrative act shall be sustained by judgment ;
- an unlawful specific administrative act shall be annulled or partially annulled by judgment, or the administrative organ shall be required by judgment to undertake a specific administrative act anew ;
- if an administrative organ fails to perform or delays the performance of its statutory duty, a fixed time shall be set by judgment for its performance of the duty ;
- if an administrative sanction is proved unfair, it shall be amended by judgment, and a claim for compensation shall be granted by the Court.

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