|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
In order to hear the international trade administrative cases justly and duly pursuant to law, these Provisions are formulated in accordance with the Administrative Procedure Law of the People's Republic of China (hereinafter referred to Administrative Procedure Law), the Legislation Law of the People's Republic of China (hereinafter referred to Legislation Law), and other relevant laws. Article 1. The following cases are the international trade administrative cases used in these Provisions: (1) Administrative cases relating to international goods trade; (2) Administrative cases relating to international service trade; (3) Intellectual property administrative cases relating to international trade; (4) Other international trade administrative cases. Article 2. The administrative tribunal of a people's court shall hear the international trade administrative cases. Article 3. If a natural person, legal person or other organization believes that the specific administrative acts relating to international trade conducted by the body or organization with administrative powers, as well as the staff thereof, of the People's Republic of China (hereinafter referred to administrative body) have infringed upon his/its legitimate rights and interests, he/it may file an administrative action with the people's court pursuant to the Administrative Procedure Law as well as other relevant laws and regulations. Article 4. If the acts of the party occurred before a new law takes effect and the administrative body made the decision of administrative treatment after that, the party may file the administrative action pursuant to the new law. Article 5. International trade administrative cases of the first instance shall be under the jurisdiction of the people's courts at the intermediate level or above with the jurisdiction. Article 6. In the hearing of an international trade administrative case, a people's court shall make the legality examination of the accused specific administrative acts in the following aspects pursuant to the administrative procedure law and in light of the specific details of the case: (1) Whether the major evidence is true and adequate; (2) Whether the application of law is correct; (3) Whether there is any violation of legal procedures; (4) Whether there is any transgression of competence; (5) Whether there is any misuse of authority; (6) Whether the administrative punishment is obviously unjust; and (7) Whether there is any failure to perform or delay in performing the legal duties. Article 7. According to Paragraph 1 of Article 52 of the Administrative Procedure Law and Paragraphs 1 and 2 of Article 63 of the Legislation Law, a people's court shall, in the hearing of international trade administrative cases, follow the laws and administrative regulations of the People's Republic of China, as well as the local regulations, which relate to or affect the international trade, enacted by the local legislatures within the statutory legislative authority. Article 8. According to Paragraph 1 of Article 53 of the Administrative Procedure Law and Articles 71, 72 and 73 of the Legislation Law, a people's court shall, in the hearing of international trade administrative cases, refer to the departmental regulations, which relate to or affect the international trade, enacted by the departments under the State Council within their respective authority in accordance with laws and the administrative regulations, decisions and orders of the State Council, and shall refer to the regulations of local governments, which relate to or affect the international trade, enacted by the people's governments of the provinces, autonomous regions, municipalities directly under the Central Government, cities where the people's governments of the provinces and autonomous regions are located, cities where the special economic regions are located, and relatively large cities approved by the State Council in accordance with the laws, administrative regulations and local regulations. Article 9. If there are two or more reasonable interpretations for a specific clause of the law or administrative regulation applied by a people's court in the hearing of an international trade administrative case, and among which one interpretation is consistent with the relevant provisions of the international treaty that the PRC concluded or entered into, such interpretation shall be chosen, with the exception of the clauses on which the PRC claims reservation. Article 10. Foreigners, persons without nationalities or foreign organizations that participate in international trade administrative cases within the PRC shall enjoy the same litigation rights and assume the same litigation obligations as those of the citizens and organizations of the PRC, however, in the situation provided for in Paragraph 2 of Article 71 of the Administrative Procedure Law, the principle of reciprocity shall apply. Article 11. International trade administrative cases involving parties from Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan area shall be handled with reference to these Provisions. Article 12. These Provisions shall come into force on October 1, 2002. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|