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China

Revised law means it's now easier to sue than petition governments

Revised legislation will allow citizens to take governments to court over a range of issues

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The revision to the Administrative Procedure Law would mean fewer people have to resort to petitioning the central government to defend their rights.
Adrian Wan

The nation's top legislature has passed an amendment that would make it easier for citizens to take the central and local governments to court over a range of issues including property rights and abuses of power.

Legal scholars welcomed the first revision to the Administrative Procedure Law in 24 years, saying it would mean fewer people have to resort to petitioning the central government to defend their rights.

Members of the Standing Committee of the National People's Congress unanimously passed the amendment to the 1990 law at a meeting in Beijing yesterday.

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Under the amendment, which takes effect in May next year, legal proceedings could be launched against governments in 12 areas, including violating agreements on land and housing compensation, commercial operations franchised by the government, illegally restricting an individual's physical freedom and abuse of administrative power.

Courts could also order authorities to fulfil contracts or pay compensation if they were found to be in breach.

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The revision also requires government officials to personally appear before the courts to answer for cases under their administration, it said.

Currently most defendants have their lawyers or other staff represent them.

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