No. 289 Order of Wuhan Municipal People’s Government

It is hereby promulgated that the Provisions of Wuhan Municipality on the Court Appearance of Functionaries-in-charge of Administrative Organs have been adopted at the 66th Executive Meeting of Wuhan Municipal People’s Government on August 20, 2018, and shall be implemented as of November 1, 2018. 

   

Mayor: Zhou Xianwang 

 September 7, 2018 

 

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 to respond to a suit and promoting the development of law-based governments, these Provisions are formulated in accordance with the Administrative Procedure Law of the Peoples 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 administrative organsinclude the Municipal People's Government, the people's governments at the district level (incl. the administrative committee of Wuhan East Lake High-tech Development Zone, the administrative committee of Wuhan Economic and Technological Development Zone, and the administrative committee of Wuhan East Lake Eco-tourism Scenic Spot, the same below), the government working departments (incl. Institutions directly under the governments, vertical administrative departments under the provincial level, and organizations authorized by laws, regulations and rules, the same below), the people's governments at the township level and the sub-district offices. 

Article 3   As used in these Provisions, the functionaries-in-charge of administrative organsinclude the chief and deputy functionaries-in-charge, as well as other functionaries-in-charge participating in the specific administrative work of administrative organs. 

Article 4   Functionaries-in-charge of administrative organs involved in administrative suits shall appear in court to respond to suits. 

Where a reconsideration organ is the independent defendant in a case of administrative litigation that has undergone reconsideration, the functionary-in-charge of the reconsideration organ shall appear in court to respond to the suit. Where an administrative organ that has performed the original administrative act and a reconsideration organ are the joint defendants, the functionary-in-charge of the administrative organ that has performed the original administrative act shall appear while the reconsideration organ may entrust a functionary to appear in court to respond to the suit.  

In a case of administrative litigation reconsidered by the Municipal People's Government or a people's government at the district level, the functionary-in-charge of the department responsible for the government legislative affairs under the people's government at the same level (hereinafter referred to as the government department of legislative affairs) may appear in court to respond to the suit as a functionary-in-charge of the Municipal People's Government or a people's government at the district level who has participated in the specific administrative work. 

For a case of administrative litigation arising from an administrative act performed in the name of the Municipal People's Government or a people's government at the district level according to law, the administrative organ performing the specific administrative act shall be responsible for the specific work of response to the suit. 

Article 5   Before a functionary-in-charge of an administrative organ appears in court to respond to a suit, materials that prove the position of the functionary-in-charge of the administrative organ shall be submitted to the people's court . 

A functionary-in-charge of an administrative organ who cannot appear in court to respond to a suit for justified reasons shall entrust the court appearance to a corresponding functionary of the organ other than a lawyer only. A functionary who appears in court to respond to a suit shall submit to the people's court an explanation of the situation, which shall be stamped with the seal of the administrative organ or signed by the main functionary-in-charge of the administrative organ. 

Article 6   The chief functionaries-in-charge of administrative organs shall appear in court to respond to the trial of following administrative suits: 

(1) group suits involving house expropriation on state-owned land, collective land expropriation, major safety accidents, resources and environmental protection, etc., which are of great social concern and have significant social impacts; 

(2) cases involving 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, which may have significant social impacts; 

(3) major cases involving foreign interests;  

(4) cases in response to which the peoples governments at the same level or the competent departments at a higher level require, or the peoples courts require the chief functionaries-in-charge of administrative organs to appear in court; 

(5) cases brought to trial by the Supreme People's Court and public interest suits filed by procuratorial organs; 

(6) cases where the parties involved in long-pending letters and visits seek judicial means to resolve administrative disputes, which have significant social impact. 

A chief functionary-in-charge of an administrative organ who cannot appear in court due to important administrative activities, overseas visit, illness or hospitalization, or force majeure events may entrust the court appearance to a deputy functionary-in-charge of the administrative organ other than a functionary-in-charge or functionary participating in the specific administrative work only. 

Article 7   A functionary-in-charge of an administrative organ shall actively perform his/her duty in response to suits by making necessary speeches in trials, cooperating with the people's courts in ascertaining the facts and assisting them in carrying out the mediation work according to law, so as to promote the settlement of suits. It is forbidden to cause plaintiffs withdrawal of suits by illegal means of deception or coercion. 

A functionary-in-charge of an administrative organ shall urge the organ to consciously implement a judgment document of administrative litigation that has become effective, and if a people's court orders the organ to perform a new administrative act, the organ shall not, based on the same previous facts and grounds, perform an administrative act that is basically the same as the original. 

Article 8   The departments of legislative affairs of the Municipal Peoples Government and the peoples governments at the district level are responsible for guiding, supervising and coordinating the court appearance of functionaries-in-charge of administrative organs within their respective jurisdictions. 

Article 9   The departments of legislative affairs of the Municipal Peoples Government and the peoples governments at the district level shall, in the light of the actual situation, select typical cases and organize the functionaries-in-charge and administrative law enforcement functionaries of administrative organs within their respective jurisdictions to attend the hearing. 

The departments of legislative affairs of the Municipal Peoples Government and the peoples governments at the district level shall establish a contact system with the people's courts at the same level to keep abreast of the latest information of court appearance of the functionaries-in-charge of administrative organs, and shall regularly summarize the information thereof within their respective jurisdictions, and report it to the people's governments at the same level for the latters circulation of notices. 

Article 10   The court appearance of functionaries-in-charge of administrative organs shall be incorporated in the annual performance appraisal of rule of law in the Municipality, and the court appearance of chief functionaries-in-charge of administrative organs shall be the key component of appraisal. 

Article 11   If a functionary-in-charge of a working department of the Municipal Peoples Government or that of a peoples government at the district level fails to appear in court to respond to a suit in accordance with these Provisions, the department of legislative affairs of the Municipal Peoples Government shall request the Municipal Peoples Government to circulate a notice of criticism. If a functionary-in-charge of a working department of a peoples government at the district level or that of a people's government at the township level or of a sub-district office fails to so so in accordance with these Provisions, the department of legislative affairs of the peoples government at the district level shall request the peoples government at the district level to circulate a notice of criticism.. 

Article 12   A functionary-in-charge or a relevant functionary of an administrative organ shall be punished according to the relevant provisions of the Administrative Procedure Law of the People's Republic of China, the Supervision Law of the People's Republic of China, and the Regulations on the Punishment of Civil Servants of Administrative Organs (Order No. 495 of the State Council), if he/she: 

(1) retreats from a court session halfway without the permission of the court; 

(2) loses a suit due to his/her noncompliance with the law in court pleading, proof providing or response to the suit; 

(3) interferes in or obstructs the acceptance or trial of an administrative case by a people's court according to law; 

(4) forces a plaintiff to withdraw a suit by illegal means of deception or coercion; 

(5) refuses to perform an effective judgment document issued by a people's Court for an administrative case; or 

(6) commits other illegal acts during his/her court appearance and response on which a people's court has issued a judicial suggestion for correction. 

Article 13   These Provisions shall come into force as of November 1, 2018. The Interim Provisions of Wuhan Municipality on the Court Appearance of Functionaries-in-charge of Administrative Organs to Respond to Suits (Order No. 261 of the Municipal Peoples Government) shall be abolished therefrom. 

  

  

  

To: 

People’s governments at the district level, departments of the Municipal Peoples Government. 

Office of Legislative Affairs of the Provincial Peoples Government. 

General Office of the Municipal Party Committee, Wuhan Garrison Command, people’s organizations, Democratic Parties. 

General Office of the Standing Committee of the Municipal People’s Congress, General Office of CPPCC Wuhan Committee, Municipal People’s Court and Procuratorate. 

News agencies, enterprises and institutions affiliated to ministries. 

General Office of Wuhan Municipal People’s Government 

Printed and Distributed on September 7, 2018