Case Concerning Litigation Supervision of Administrative Reward of Cao X and Others vs. X Sub-district Office of the People's Government of X District of X City in Henan Province
(SPP Guiding Case No. 233)
Key words
Supervision of final administrative judgments; Administrative rewards; One-child families; Land requisition compensation; Procuratorial protest
Summary
Where local regulations establish administrative rewards in accordance with the law and publicly announce the reward standards, the relevant administrative bodies shall implement such regulations. If a final judgment of a people's court fails to uphold an administrative counterpart's claim requesting that an administrative body fulfil its duty to grant the administrative reward pursuant to law, the people's procuratorate shall exercise supervision in accordance with the law.
Relevant provisions
Article 91of the Administrative Procedure Law of the People's Republic of China
Articles 6, 83, 84, and 90 of the Rules for the Supervision of Administrative Proceedings by the People's Procuratorates
Articles 23 and 27 of the Population and Family Planning Law of the People's Republic of China (effective since 2002))(now Articles 23 and 31 in Rev. 2021)
Article 37 of the Regulations of Henan Province on Population and Family Planning (Rev. 2011) (now Article 32 in Rev. 2021)
