Top court issues notice on administrative litigation support

By Jiang Xingguang (chinadaily.com.cn) Updated : 2016-08-17

China's top court has released a notice to improve litigation administrative support, in order to better protecting the right of citizens and other legal persons to sue.

According to the notice, courts of various levels in China should fully understand the significance of the administrative procedures supporting litigation.

Illegally restricting and narrowing down the criteria for case acceptance, or adding additional requirements of prosecution is strictly prohibited, said the notice.

It said that anyone who ignores legal filings or subsequent judicial steps should expect court officials to shoulder the responsibility of taking the matter forward in accordance with the law, as they are required to do.

The notice also said that if government departments are sued, relevant administrative officials should appear in court as required.

Officials who cannot appear in court may entrust relevant staff to do so, but may not appoint only lawyers to appear.

Court staff should record any violation of the duty to appear in the record of proceedings. Relevant departments, including the supervisory organ and the administrative organ at a higher level, should punish those responsible in accordance with the law, according to the notice.

The notice also asked courts at various levels to ensure independent and impartial exercise of judicial power.