Research On The Time Limit Of Administrative Litigation

China's administrative litigation law started to develop rapidly in the late stage.Many systems refer to the relevant systems in civil law or civil litigation.However,administrative litigation is different from civil system.Therefore,the legislative concept and legislative purpose of the relevant system are different,and one of the different systerms is the prosecution period.For civil law countries or regions with relatively mature research on the prosecution term system,different prosecution periods are often set for different types of litigation,and the legal effect of applying the prosecution period is not exactly the same.Especially for the revocation of the lawsuit,the time limit for prosecution is the appropriate condition for the lawsuit.The court must review whether the revocation lawsuit filed by the party is overdue before the judgment is revoked;the prosecution period of other types of lawsuits is not a legal condition for prosecution,it is often treated as a statute of limitations in civil law.Through the research on the legislation and application of the period of administrative litigation in China,it is found that the period of administrative litigation in China is not different according to the type of litigation,and the difference between legislation and application is confusing.protruding.This article traces the source and compares Chinese and foreign,in order to explore what is the duration of the administrative litigation,what is the special application of it,what is the difference in the application of different types of litigation,and what inspiration for the current period of prosecution in ChinaAny system does not appear out of the air.This paper first analyzes the theoretical origin of the administrative litigation period from the perspective of administrative law.As the last line of defense for rights relief,anyone has the same right to sue.However,from the perspective of legal philosophy,rights are not unrestricted.The theory of the effectiveness of administrative actions and the principle of stability of law tell us that for the stability of social order,those who do not exercise their rights for a long time should bear certain consequences.There is a system of time limit for administrative litigation.It was initially a short-term period designed for citizens to overthrow the public law order under the force of administrative action.The second part of the main body of the article compares the legislative provisions of the period of administrative litigation in China and outside the country,which makes people more intuitive and clear understanding of the time limit for the prosecution of administrative litigation and the characteristics of the time limit for prosecution in China.The third part of the main body of the article further analyzes the legal attributes of the time limit for the prosecution of administrative litigation in China.Finally,by comparing the similarities and differences between the time limit of prosecution in China and similar timeliness,the limitation of the prosecution period of administrative litigation in China is different from the time limit of civil litigation.On the whole,the time limit for prosecution is the time limit for litigation.However,for litigation involving changes in the effectiveness of administrative administrative actions,especially the revocation of litigation,the time limit for prosecution is not only a time limit,but also a legal requirement for such litigation,that is,the court can actively review the lawsuit.Whether the time limit is exceeded,if the overdue court will reject the claim.Another statute of limitations during the period.Looking at the relevant provisions of the prosecution period of extraterritorial countries,it is found that the prosecution period is often different depending on the type of litigation.The fourth part of the main body of the article returns to the relevant provisions of the current prosecution period in China.Since the administrative litigation in China started late,there is no litigation type.All administrative litigations are uniformly applied to a prosecution period,which also causes the legislation and application of our country.Many of the confusions,such as the time limit for prosecution is the condition of prosecution or the statute of limitations? Is the starting point of the prosecution period applicable subjective or objective? As the judicial practice in our country generally treats the time limit for prosecution as a condition of prosecution,this has led to the incompetence of the period of prosecution.The last part of the article puts forward the perfect idea of the period of administrative litigation in China under the current development degree of China's administrative litigation law.