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A court hearing in the intermediate court in Zaozhuang, Shandong Province in June 2013 Grossiste Nike Air Max 90 , in which the local government is sued for non-disclosure of open government information. Photo: IC
China's revised Administrative Procedure Law will take effect from May 1, but Chinese courts have already begun to put the spirit of this revision into practice. In February, a small but significant legal ruling by a Guangzhou court might point the way towards a new legal paradigm in China - a private enterprise brought suit against a government agency for administrative and monopoly abuses and won the case, the country's first-ever verdict of this kind. In March Grossiste Nike Air Max 2015 , China's Supreme People's Court held three days of nationwide live video streaming training on the new Administrative Procedural Law for judges at various levels, the first televised national training of this kind for judges.
Recent amendments to Chinese law will make it easier for citizens to take the government to court. The National People's Congress (NPC) approved an amendment to Administrative Procedure Law, which stresses people's right to sue, on November 1. The revised law will take effect from May 1.
But even before the law's formal implementation Grossiste Nike Air VaporMax , Chinese lawyers and judges have already begun to put the spirit of this revision into practice in real trials.
"A private company has dared to stand up to sue and win a trial against a government agency for administrative abuses and monopoly. Mine was the first such case in China," said lawyer Wei Shilin proudly to the Global Times. Wei is representing the plaintiff in the case of Shenzhen Sware Technology against the Department of Education of Guangdong Province.
The Legal Daily newspaper hailed Wei's case as "a breakthrough," 25 years after the implementation of the Administrative Procedure Law and seven years after the passage of China's Anti-Monopoly Law, both of which were intended in part to check abuses of administrative power by government departments.
Sware and Wei's story began in early 2014 Nike VaporMax Plus Belgique , when China's Ministry of Education decided to organize a "cost engineering" competition for students in construction engineering programs around the country. To select contestants, each province was required to organize provincial level contests. On April 1, 2014, the Guangdong Provincial Department of Education designated Glodon Software as its exclusive provider of construction data software.
In the relatively specialized market for construction data software Nike VaporMax Flyknit Belgique , there are several major providers, including Sware and its competitor Glodon, as well as dozens of smaller companies.
After the Department of Education's administrative order, Sware took the view that the order was an abuse of administrative power and a breach of China's Anti-Monopoly Law.
Sware alleged that the Department of Education used an opaque selection process and abused its administrative power Nike Air VaporMax Belgique , adding that if all vocational college students are trained in its competitor's system, it will be placed at a competitive disadvantage when the students graduate and enter the workforce.
After several rounds of unsuccessful communication with the Department of Education, Sware filed a suit with the Guangzhou Intermediate People's Court against the department, alleging that it had abused its administrative power to eliminate or restrict competition.
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