近年来,中国各地政府部门的行为越来越受到监管,最高人民法院呼吁所有法院都应加强对行政部门的监督和管理,促进高质量的发展。
Recently, the Supreme People's Court released seven notable administrative cases to commemorate the 10th anniversary of the revised Administrative Procedure Law. These cases highlight the need for courts to effectively and efficiently resolve disputes between individuals and government bodies.
For example, a driver named Qin from Qijiang district in Chongqing took the local court to court over an unfair traffic penalty imposed on him by the local police department in 2018. The police had not placed a "No Right Turn" sign at the intersection where it would be easily visible, but instead put up a "No Entry" sign about 30 meters into the road on the right side of that road, making it less noticeable.
On June 16, 2018, Qin spotted the sign only after he had made a right turn at the intersection and was fined 200 yuan ($28). His appeal for revoking the traffic penalty was not granted by the local court in 2019, prompting him to appeal to the Fifth Intermediate People's Court of Chongqing.
Surveillance data showed that between June 21, 2017, and May 10, 2019, a total of 5,814 vehicles were caught by traffic police on the same road and fined for the same reason as Qin. In 2020, the intermediate court ruled in his favor, stating that traffic signs in the area in question were not set up in a standardized manner and could easily confuse drivers.
Law professor He Haibo at Tsinghua University in Beijing agreed with the ruling, emphasizing that under the revised Administrative Procedure Law, all courts have the authority to revoke administrative actions that are "clearly inappropriate". According to him, behaviors that cause "significant harm" or "major inconvenience" to the public are considered "clearly inappropriate" under the law.
The top court noted that from May 2015 to June 2025, courts across China concluded 2.83 million first-instance administrative cases. Among new cases in 2024, those arising from land acquisition, along with demolition and relocation, accounted for 26.1 percent, while cases related to administrative penalties made up 14.4 percent.
The top court also noted that the appeal rate and retrial application rate for administrative cases remain high, urging all courts nationwide to play a stronger role in addressing administrative issues while supervising government departments to ensure proper law enforcement.
Recently, the Supreme People's Court released seven notable administrative cases to commemorate the 10th anniversary of the revised Administrative Procedure Law. These cases highlight the need for courts to effectively and efficiently resolve disputes between individuals and government bodies.
For example, a driver named Qin from Qijiang district in Chongqing took the local court to court over an unfair traffic penalty imposed on him by the local police department in 2018. The police had not placed a "No Right Turn" sign at the intersection where it would be easily visible, but instead put up a "No Entry" sign about 30 meters into the road on the right side of that road, making it less noticeable.
On June 16, 2018, Qin spotted the sign only after he had made a right turn at the intersection and was fined 200 yuan ($28). His appeal for revoking the traffic penalty was not granted by the local court in 2019, prompting him to appeal to the Fifth Intermediate People's Court of Chongqing.
Surveillance data showed that between June 21, 2017, and May 10, 2019, a total of 5,814 vehicles were caught by traffic police on the same road and fined for the same reason as Qin. In 2020, the intermediate court ruled in his favor, stating that traffic signs in the area in question were not set up in a standardized manner and could easily confuse drivers.
Law professor He Haibo at Tsinghua University in Beijing agreed with the ruling, emphasizing that under the revised Administrative Procedure Law, all courts have the authority to revoke administrative actions that are "clearly inappropriate". According to him, behaviors that cause "significant harm" or "major inconvenience" to the public are considered "clearly inappropriate" under the law.
The top court noted that from May 2015 to June 2025, courts across China concluded 2.83 million first-instance administrative cases. Among new cases in 2024, those arising from land acquisition, along with demolition and relocation, accounted for 26.1 percent, while cases related to administrative penalties made up 14.4 percent.
The top court also noted that the appeal rate and retrial application rate for administrative cases remain high, urging all courts nationwide to play a stronger role in addressing administrative issues while supervising government departments to ensure proper law enforcement.