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No. 261 Order of Wuhan Municipal People’s Government
    2017-03-09

 

 

It is hereby promulgated that the Interim Provisions of Wuhan Municipality on the Court Appearance of Functionaries-in-charge of Administrative Organs have been adopted at the 125th Executive meeting of Wuhan Municipal People’s Government on April 17, 2015, and shall be implemented as of the date of promulgation.

 

Mayor: Wan Yong

April 30, 2015

 


Interim Provisions of Wuhan Municipality on the Court Appearance of Functionaries-in-charge of Administrative Organs

 

Article 1   With a view to regulating the court appearance of functionaries-in-charge of administrative organs and promoting the development of law-based governments, these Provisions are formulated in accordance with the Administrative Procedure Law of the People’s Republic of China and other laws and regulations, and in the light of the actual situation of this Municipality.

Article 2   As used in these Provisions, the “functionaries-in-charge of administrative organs” include both the chief and deputy functionaries-in-charge of administrative organs.

Article 3   These Provisions are applicable to the departments of the Municipal People’s Government and their affiliated administrative law enforcement agencies, as well as the organizations at the municipal level that exercise administrative functions and powers as authorized by laws and regulations.

Article 4   The administrative organ or the organization authorized by laws and regulations that undertakes an administrative act in the name of itself, or as provided by law, in the name of the Municipal People’s Government thus causing an administrative lawsuit, shall be responsible for the specific work concerning court appearance.

Article 5   A functionary-in-charge of an administrative organ shall appear in court in response to an administrative suit. If a functionary-in-charge of an administrative organ cannot appear in court for justified reasons, he/she shall authorize a corresponding functionary of his/her organ to appear in court.

The chief functionary-in-charge of an administrative organ that is involved in administrative suits in the current year shall make at least one appearance in court.

Article 6   The chief functionary-in-charge of an administrative organ shall appear in court in response to the following administrative suits:

(1) the first administrative suit of an administrative organ in the current year;

(2) the second instance of an administrative suit of an administrative organ that has been defeated in the first instance;

(3) an administrative suit lodged by a complainant for the purpose of settling a long-pending dispute in a judiciary way;

(4) an administrative suit involving a great event with significant social impact, such as a major safety liability accident or a serious environmental protection incident;

(5) an administrative suit due to the disaffection to a decision on confirming the ownership or right of use of natural resources, such as land, mineral reserves, rivers, forests, mountains, uncultivated land or intertidal zones.

(6) a major case involving foreign interests; or

(7) an administrative suit to which the people’s government at the same level or the competent department at a higher level requires, or the people’s court requires the chief functionary-in-charge of an administrative organ to appear in court in response;

If, for justified reasons, the chief functionary-in-charge of an administrative organ cannot appear in court in response to a suit specified in the preceding paragraphs, he/she may authorize a deputy functionary-in-charge of his/her organ to appear in court.

Article 7   The administrative organs who are involved in quite a number of administrative suits or who have heavy workload in administrative law enforcement, or the organizations authorized by laws and regulations shall organize their functionaries-in-charge and administrative law enforcement officials every year to attend the trials of typical administrative cases.

Article 8   The court appearance of functionaries-in-charge of administrative organs shall be incorporated into the scope of annual appraisal on law-based administration. Any failure in court appearance as provided shall be dealt with in accordance with the measures for the appraisal of law-based administration.

Article 9   In any of the following circumstances, an administrative organ involved in the response of an administrative suit shall be criticized by an open notice and be investigated as provided for corresponding responsibilities by the people’s government at the same level or the supervisory department:

(1) The chief functionary-in-charge of such administrative organ fails to appear in court in response as provided;

(2) Such administrative organ loses the suit due to its failure in defense, proof or response according to law, which results in heavy economic losses or serious consequences; or

(3) Such administrative organ commits other illegal acts during the administrative proceeding.

Article 10   These Provisions shall come into force as of the date of promulgation. The court appearance of functionaries-in-charge of administrative organs under the people’s governments at the district level (including the administrative committees of Wuhan East Lake High-tech Development Zone, Wuhan Economic and Technological Development Zone, Wuhan East Lake Eco-tourism Scenic Spot and Wuhan Chemical Industry Park) shall conform to these Provisions. In the event of any inconsistency between these Provisions and the previous documents concerning the court appearance of functionaries-in-charge of administrative organs printed and distributed by this Municipality, these Provisions shall prevail.

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