CCTV9英语新闻：Current Administrative Procedure Law under fire for inefficiency

By CCTV reporter Liu Yang

The Administrative¹ Procedure Law is often used in cases involving the improper² handling of land of local governments. Our reporter Liu Yang explains the loopholes in the current law and what the changes to the law would mean for citizens.

Hu Benzhi and Xiong Wei have been seeking legal help for years. They and hundreds of their neighbors in the northern part of Sichuan Province lost their homes and farmland 5 years ago, when the local government seized their land to build a 500-hectare industrial park. In 2009, they began writing complaint letters to the local authorities, but no results.
Only this year were they finally able to bring a lawsuit³ against the local government, charging that officials illegally took their land and didn’t offer them proper compensation. Still, they were frustrated⁴ with the response.

“We have received many phone calls from the court. Some were directed to us by the lawyer, asking us to come to the courts for a short talk about the case. But in fact they wanted us to drop the suit,” Xiong Wei said.

“I think it’s taken too long to deal with this case,” Hu Benzhi said.

Experts say it’s difficult to file a lawsuit using the Administrative Procedure Law. Although a large number of cases are covered under the scope of the law, undue⁵ restrictions⁶ on their prosecution⁷, and local limitations on the number of cases courts are willing to accept, often leave many litigants⁸ out in the cold.

“Many plaintiffs drop their cases because it’s so time-consuming and costs a great deal. Many people choose instead to send complaint letters or take more extreme approaches to seek what they think is a fair result,” said Zhao Meilan, attorney of Sichuan Gong Sheng Ming Law Firm.

Professor Xu Jimin is one of the top experts in administrative procedure law in China. He says as the complex social relationship that’s developed between the government and social organizations and regular citizens has made provisions in the administrative procedure law hard to implement⁹.

“Between civil, criminal, and administrative procedure law cases, the appeal and petition rates for administrative procedure cases are the highest. They were 6-times higher than civil and criminal lawsuits¹⁰. It shows that the Administrative Procedure Law didn’t really solve people’s problems,” Professor Xu Jimin said.

But experts say any changes to the current Administrative Procedure Law should be a coordinated¹¹ effort between governments, citizens and the market.

Experts have noted¹² that China has improved its legal framework over the past decade. The latest amendment¹³ to the administrative procedure law aims to further strengthen this system by guaranteeing the rights of people and preventing government interference. The changes taken at the sixth plenum of the Standing¹⁴ Committee of the 12th National People’s Congress will be another important step toward the rule of law in China.

1 administrative   

adj.行政的，管理的

参考例句：

• The administrative burden must be lifted from local government.必须解除地方政府的行政负担。
• He regarded all these administrative details as beneath his notice.他认为行政管理上的这些琐事都不值一顾。

2 improper   

adj.不适当的，不合适的，不正确的，不合礼仪的

参考例句：

• Short trousers are improper at a dance.舞会上穿短裤不成体统。
• Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。

3 lawsuit   

n.诉讼，控诉

参考例句：

• They threatened him with a lawsuit.他们以诉讼威逼他。
• He was perpetually involving himself in this long lawsuit.他使自己无休止地卷入这场长时间的诉讼。

4 frustrated   

adj.挫败的，失意的，泄气的v.使不成功( frustrate的过去式和过去分词 )；挫败；使受挫折；令人沮丧

参考例句：

• It's very easy to get frustrated in this job. 这个工作很容易令人懊恼。
• The bad weather frustrated all our hopes of going out. 恶劣的天气破坏了我们出行的愿望。 来自《简明英汉词典》

5 undue   

adj.过分的；不适当的；未到期的

参考例句：

• Don't treat the matter with undue haste.不要过急地处理此事。
• It would be wise not to give undue importance to his criticisms.最好不要过分看重他的批评。

6 restrictions   

约束( restriction的名词复数 )； 管制； 制约因素； 带限制性的条件（或规则）

参考例句：

• I found the restrictions irksome. 我对那些限制感到很烦。
• a snaggle of restrictions 杂乱无章的种种限制

7 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

8 litigants   

n.诉讼当事人( litigant的名词复数 )

参考例句：

• Litigants of the two parties may reconcile of their own accord. 双方当事人可以自行和解。 来自口语例句
• The litigants may appeal against a judgment or a ruling derived from the retrial. 当事人可就重审案件的判决或裁定进行上诉。 来自口语例句

9 implement   

n.(pl.)工具，器具；vt.实行，实施，执行

参考例句：

• Don't undertake a project unless you can implement it.不要承担一项计划，除非你能完成这项计划。
• The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。

10 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

11 coordinated   

adj.协调的

参考例句：

• The sound has to be coordinated with the picture. 声音必须和画面协调一致。
• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法

12 noted   

adj.著名的，知名的

参考例句：

• The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
• Jim is noted for arriving late for work.吉姆上班迟到出了名。

13 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

14 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。