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Topic Started: May 23 2018, 05:37 AM (14 Views)
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China's top court Monday issued a judicial interpretation of the Administrative Procedure Law Luke Schenn Coyotes Jersey , instructing courts to accept and file lawsuits submitted by citizens within seven days of receiving the necessary documents, in an effort to safeguard the public's right to take the government to court.


Courts should file lawsuits against the government within seven days of receiving the claimant's documents, according to the interpretation, issued by the Supreme People's Court (SPC).


If courts are unable to immediately decide whether a case meets the legal requirements, they still must decide whether or not to reject it within seven days. If they decide to reject it, courts will be required to give a full explanation of their decision to the claimant. Claimants will also be able to file lawsuits with higher courts to appeal or assess a lower court's decision to reject a case.


The interpretation will become effective on May 1, along with the amendment of Administrative Law which was adopted by the members of the Standing Committee of the National People's Congress in November 2014.


Li Guangyu, deputy head of the administrative tribunal of the SPC, said on Monday that courts will only check whether the documents are properly filed according to requirements laid out in the amendment and the interpretation, which will make it easier for citizens to prosecute lawsuits.


"Previously, courts took a long time to review cases and related evidence. Some courts even decided who would win the lawsuit before they filed the case. In fact, all of this should be handled in trials or pre-trial hearings," Li said.


The time-consuming review process that courts would go though before accepting lawsuits was usually used as an excuse for courts to throw out cases they didn't want to hear. As it was difficult to sue the government, and many chose to launch petitions instead.


According to the amendment, claimants can file lawsuits if the government is being sued for violating agreements related to land or demolition compensation and commercial operations supervised by the government.


Citizens can also file cases to request that courts review government regulations, according to the interpretation.


If the court finds problems with regulations issued by government bodies below a certain level, they should submit the problems and amendment suggestions to the government or other higher authorities, the interpretation noted.


The number of lawsuits against governments accepted by Chinese courts between January and March this year was almost the same as total number of such lawsuits accepted last year, Li said.


Britain will not seek a Brexit deal that leaves it "half in, half out" of the European Union, Prime Minister Theresa May will say on Tuesday, according to her office, in a speech setting out her 12 priorities for upcoming divorce talks with the bloc.


Those priorities will include leaving the European Union's single market and regaining full control of Britain's borders, several newspapers reported, reinforcing investor fears of a 'Hard Brexit' which has pushed the pound to some of the lowest levels against the U.S. dollar seen in more than three decades.


More than six months after Britons voted to leave the EU, May has come under fire from investors, businesses and lawmakers for revealing little about the future relationship she will seek when she begins formal divorce talks by the end of March.


She is due to set out more detail on her plans on Tuesday in a speech to an audience including foreign diplomats and Britain's own Brexit negotiating team.


"We seek a new and equal partnership, between an independent, self-governing, global Britain and our friends and allies in the EU," May will say, according to advance extracts released by her office.


"Not partial membership of the European Union, associate membership of the European Union, or anything that leaves us half-in, half-out. We do not seek to adopt a model already enjoyed by other countries. We do not seek to hold on to bits of membership as we leave."


The extracts did not set out explicit details of the future trading relationship she wants to have with the EU or what the 12 priorities would be, but media reported they would also include removing Britain from the jurisdiction of the European Court of Justice.


Media reported May would be less explicit on her plans for the customs union, but that her emphasis on building new trade relationships would make clear Britain could be no longer a member in the way it is now.

  Britain's Prime Minister Theresa May speaks to members of the Charity Commision for England and Wales at The Royal Society in London, January 9, 2017. REUTERS

Sterling fell sharply on Monday ahead of the speech on the prospect of a move away from preferential EU single market access and a hardening stance towards an economic bloc that accounts for roughly half of Britain's exports and imports.



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