Recently, the Supreme People's Court ("SPC") has issued the Several Opinions on Further Protecting and Regulating the Lawful Exercise of the Administrative Litigation Right by Litigants (the "Opinions").
The first section in the Opinions is aimed at further strengthening awareness of seeking protection through the litigation right, giving active response to reasonable concerns of the public, and vigorously safeguarding litigants' exercise of the litigation right in a lawful and reasonable way. The Opinions raise concrete requirements from different angles, including heightening awareness of seeking protection through the litigation right, consolidating achievements made from the implementation of the new Administrative Procedure Law, persisting in the case-filing registration regime, strengthening the building of litigation services, improving judicial remedy measures and preventing any improper interference in litigation. The second section in the Opinions are designed to correctly guide parties concerned to exercise their litigation rights in a legal manner and impose strict control over abuse of litigation rights, such as malicious lawsuits and unreasonable entanglement in lawsuits. Accordingly, the Opinions put forward a series of targeted measures in different aspects, such as having a right understanding of the guidelines and essence of the case-filing registration regime, comprehending the legal implication of the interested relation correctly, guiding litigants to exercise their litigation right according to the law, and effectively curbing the abuse of litigation rights. According to the Opinions, where an administrative litigation that should be accepted is brought to a court without the jurisdiction, the court should inform the party concerned of bringing the lawsuit to another court with the right jurisdiction; if a case has been filed for the litigation, it should be transferred to the court with jurisdiction.