In 2018, the author encountered a problem that is common in litigation when dealing with a complicated administrative litigation dispute, i.e. the plaintiff (the owner) did not recognize that the defendant (expropriation department) had served it with relevant documents.
Partner
Boss & Young
Since the implementation of the new Administrative Procedure Law (the first amendment) in 2014, the expropriation, expropriation decision and its compensation decision dispute had been explicitly included in the scope of administrative litigations. Therefore, the service of process in the above-mentioned case leads directly to a new problem: service of process in administrative procedures.
Among the major administrative laws in China, such as the Administrative Law, the Administrative Review Law, the Administrative Penalty Law and the Administrative Compulsion Law, there is no specific provision on service of process. According to the provisions of the above-mentioned administrative law, provisions on service of process of Civil Procedure Law could be applied.
Peter Li is a partner at Boss & Young in Shanghai
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