On Administrative Proceedings Prosecution Deadline

Administrative proceedings deadline is the legal time limit when citizens, corporations or other organizations that refuse to accept particular administrative actions of administrative bodies file administrative litigation to the people's courts of all levels within the territory of People's Republic of China which can accept the litigation and carry on the valid examination of the administrative actions, which is an universal system established by the administrative procedure laws of continental law countries and regions. Both China's Administration Procedural Law and the Supreme People's Court's judicial interpretations have made the related stipulations to the deadline. But our country's administrative proceedings prosecution deadline is still imperfect and cannot meet the current needs of the arising more and more diverse and complicated administrative disputes. The contents concerning the administrative proceedings deadline in different laws and stipulations are contradictory to each other and the relevant contents are not well clarified and the basic systems are imperfect.This article makes a systematic exploration of the question of administrative proceedings deadline and gives advices on its further improvement.Firstly, this article makes a brief clarification of the concept of the administrative proceedings deadline and make an analysis of characteristics of the deadline such as its legal requirements, procedures and deadline invariance as well as make objective analysis of the significance of the establishment of the administrative prosecution deadline which is conducive to protect the right of action, social stability, case trials and the benign operation of orderly administration.Secondly, this article makes an analysis of the status quo of China's system of administrative lawsuit prosecution through the explanations of China's 1989 Administrative Procedure Law and two judicial interpretations by the Supreme People's Court issued respectively in 1991 and 1999 on the relevant administrative proceedings for prosecution.Thirdly, this article makes an exploration of several different understandings of both the starting point of time limit concerning cases of nonfeasance of administrative bodies and the prosecution deadlines to administrative nonfeasance cases in practice.Finally, this article makes an analysis of the defects of China's administrative proceedings for the prosecution and points out that there are some contradictions of stipulations on China's administrative prosecution period in relevant laws and stipulations, the content of the stipulations is not clarified, basic systems are far from perfect, and proposes some concrete designs and advices on China's systems of administrative proceedings prosecution deadline in hopes of further improving the system.This article makes deep analysis of administrative proceedings prosecution deadline from such perspectives as theory, practice and laws and regulations. This article also makes a deep exploration of the significance of conceptual features and laws and regulations concerning the prosecution deadline in theory and makes an analysis of some problems which are easily confusing or difficult to determine, for example, the conflicts of the deadlines concerning administrative review period and further gives some concrete legal advices on the defects existing in the present system of administrative prosecution deadline to make us have a better understanding of administrative proceedings for the prosecution.