Study On The Time Limit For Invalid Administrative Action

In 2015 the new "administrative procedural law" affirmed the affirmation of invalid action,but there was no specific provision for the time limit for invalid administrative action.The time limit for prosecution of invalid administrative act is an unavoidable problem in administrative litigation law.Whether the invalid administrative act is subject to the limitation of prosecution is divided theoretically or practically.There are two cases of limitation of prosecution and no limitation of prosecution.We must first clarify the rationality and limitations of the two cases,analyze the causes of the differences in depth,and establish the institutional foundation to support invalid administrative actions,so that we can finally establish the term of prosecution for invalid administrative acts.This paper points out the limitations of the invalid administrative act should be restricted by the prosecution and non-prosecution deadline limit exists;and from the five aspects of administrative act,legal stability and authority,the principle of administrative law and administrative balance theory to analyze the reasons of the invalid administrative act should belong to limit the differences arising from prosecution from the clear confirmation of invalid lawsuit;prosecution deadline,the diversification,the burden of proof and the invalid administrative act fine content for establishing the invalid administrative act lays the foundation for the prosecution;finally constructs the invalid administrative prosecution deadline limit and the deadline should not be restricted to two kinds of situations should be prosecuted.