Under China Administrative Procedural Law, a company if suing a governmental department must overcome the hurdle of case filing process. If a court accepts filing of the case, the litigation can proceed. Otherwise, justice will escape the plaintiff.
There was a practice for some courts which implemented a “Three Inaction” policy from time to time. The Three Inaction include not to accept complaint, not to acknowledge receipt, not to give any written verdict. Under the new amendment to China Administrative Procedure Law (effective from May 1st, 2015), the court must acknowledge receipt of complaints and must decide whether to accept the case within seven days. If the court does not accept the case, it must issue a written verdict to reject filing, provided that the court explains the justified reasons for the rejection. If the plaintiff does not accept the verdict, the plaintiff may appeal to a higher court.