|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
In order to justly hear countervailing administrative cases pursuant to law, these provisions are formulated in accordance with the Administrative Procedure Law of the People's Republic of China and other relevant laws. Article 1. The people' s court shall accept the following administrative suits against countervailing administrative acts pursuant to law: (1) Final decisions on subsidies and amount of subsidies, damage and damage degree; (2) Decisions on whether to collect countervailing duties, as well as on retroactive collection; (3) Re-examination decisions on preservation, modification or cancellation of countervailing duties and commitments thereof; (4) Other countervailing acts indictable pursuant to laws and administrative regulations. Article 2. Individuals or organizations that have legal interest relations with the countervailing administrative acts may bring administrative suits with the people's court as interested parties pursuant to the administrative procedure law and other relevant laws and administrative regulations. Interested parties used in the preceding paragraph shall refer to the applicants, relevant export and import operators, and other natural persons, legal persons or other organizations with legal interest relations that file written applications for countervailing investigation with the authority under the State Council. Article 3. The defendant of a countervailing administrative case shall be the authority under the State Council that conducted the corresponding indicted countervailing administrative act. Article 4. Other authorities under the State Council that have legal interest relations with the indicted countervailing administrative act may participate in the suit as a third party. Article 5. Countervailing administrative cases of the first instance shall be under jurisdiction of the following people's courts: (1) Intermediate people's court designated by the higher people's court of the place where the defendant is located; (2) Higher people's court of the place where the defendant is located. Article 6. The people' s court shall make examination of legality of the factual and legal issues of the indicted anti-dumping administrative act pursuant to the administrative procedure law and other relevant laws and administrative regulations on countervailing, and by referring to the departmental regulations of the State Council. Article 7. The defendant shall bear the burden of proof for the indicted countervailing administrative act it conducted, and shall provide evidence for the countervailing administrative act and the regulatory documents on which the act is based. The people's court shall examine the legality of the indicted countervailing administrative act on the basis of the file records of the defendant. Factual materials that weren't been written in the files when the defendant conducted the indicted countervailing administrative act shall not be taken as the ground for finding that act legal. Article 8. The plaintiff is obliged to provide evidences for the facts it claims. If the evidence provided by the plaintiff is relevant, legal and true upon examination by the people's court pursuant to statutory procedures, such evidence may be taken as the ground for the decision. If the defendant requests the plaintiff to provide evidences pursuant to statutory procedures in the countervailing administrative investigation proceedings, and the plaintiff refuses to provide without good reasons, provides any untrue evidence or seriously hampers the investigation by other means, the evidence then provided by the plaintiff in the litigation proceedings will not be adopted by the people's court. Article 9. In the countervailing administrative investigation procedures, if the interested parties refuse to provide evidence without good reasons, provide untrue evidence or seriously hamper the investigation by other means, the factual conclusions made by the authority under the State Council through the obtainable evidence may be held as supported by good evidences. Article 10. In hearing of countervailing administrative case, the people's court shall render the following judgments according to different situations: (1) If the evidence for the indicted countervailing administrative act is conclusive, the application of laws and administrative regulations to the act is correct, and the legal procedure is complied with, the act shall be affirmed by judgment; (2) If the indicted countervailing administrative act has been in one of the following circumstances, the act shall be annulled or partially annulled by judgment, or the defendant may be required by judgment to conduct the countervailing administrative act anew: 1. Inadequacy of essential evidence; 2. Erroneous application of the laws or administrative regulations; 3. Violation of legal procedure; 4. Exceeding authority; or 5. Abuse of powers; or (3) Other judgments that may be rendered pursuant to laws or judicial interpretations. Article 11. In hearing of countervailing administrative cases, the people' s court may refer to the provisions on civil procedures involving foreign elements. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|