Study On Limition Period Of Administrative Litigation

Limitation period of administrative litigation is the time mechanism to provide effective exercise of administration litigation, with a resolution of administrative disputes and protecting the human rights of appeal exercised dual function. The existing system of limitation period established foundation exists uncertainty, calculation period is not clear, scope of application divided unscientific, obstruct system is imperfect and so many other issues. As a case in litigation statutory requirements, the limitation period makes a lot of cases have been shut out in the filing stage, administrative disputes can not be resolved effectively and the right of appeal’s appeal can not be guaranteed. Based on the systemic combing of limitation period and the analysis of the existing reform proposals, this paper focuses on discussing the four issues showing very concentrated and present ideas according to China’s national conditions and trial practice.Text is divided into four parts. The first part of the period used to prosecute cases in the judicial practice problems, propose the reasons of the establishment of the limitation period. The theoretical bases of limitation period are:administrative acts validity theory, theory of limited judicial review, the modern theory of litigation benefits, and the right to relief theory. The essence of administrative proceedings limitation period is a equilibrium outcome between social interests and rights to relief, the theoretical basis of administrative acts and administrative proceedings effectiveness efficacy theory, the right to relief theory is not the theoretical basis of the system limitation period, but its functioning premise and principled requirements.The second section discusses the length of the limitation period and the starting point. Combined with the conclusion of the first part, and compared to foreign-related regulations, analyzing the factors affecting the length of the limitation period, draws:(1) the current limitation period provisions do not sue generally short term, but the period after reconsideration should be extended.(2) Limitation period starting point deficits, two starting points should be established, which are the "knew or should have known that the right to appeal and the date of the limitation period" and "knew or should have known the infringement of interest".The third part analyzes the scope of the limitation period. This part points out the division of existing limitation period is just a single type and no basis, resulting in overly broad scope of the limitation period, and the function of the limitation period can not get to play. Besides, this paper redrawing the scope of the limitation period from the perspective of administrative litigation types.The fourth part discusses the limitation period extend, suspend, interrupt system is missing. This part analysis the differences between suspension and the extension system and prosecution deadline interrupt system. In addition to this, criticizes two points affecting the limitation period established in the suspension, termination system. Analyzes subjects of the petition, administrative application delays, files a lawsuit and apply for administrative reconsideration that may affect the limitation period interrupt system.