Data from the Supreme People’s Court on administrative cases

Screen Shot 2016-04-01 at 6.46.11 PMWith the amendment of the Administrative Litigation Law and implementation of the case registration system in 2015, the number of administrative cases accepted by the Chinese court increased by 55%, to 299,765. The statistics provided only give a very partial picture of the distribution of cases. A search of cases for this post revealed that generally the decision of the government agency was upheld. This blogpost omits information on trademark cases because those are covered by the chinaipr.com blog.

Cases challenging city planning, condemnation, real estate registration: 35,726 cases, up 59%.  While the total number of cases upholding the government decision isn’t given, in most of the cases searched, the individual was unsuccessful, such as this one from Ningxia.

Cases challenging decisions by the public security authorities totalled 24,974 cases, up 72%.  China’s public security authorities exercise a broad scope of authority, including minor offenses that would be misdemeanor offenses in many other jurisdictions.    A quick search of the SPC database reveals many cases in which petitioners have challenged administrative punishments:

 Cases brought in various provinces, challenging the authority of the local public security authorities to impose administrative penalties on people for petitioning near Zhongnanhai, where state leaders live: in Jiangsu, a man sought a retrial in his challenge to the authority of the Yizheng (Jiangsu) public security;  in Shandong, a similar (unsuccessful challenge), as well as Hubei.

Challenges to family planning authority decisions or claims against that authority totalled 2188, down 56%. One of those was a case in Chongqing, involving a man claiming against the family planning authorities for surgery gone wrong.

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