Research On The Time Limitation For Filing A Complaint Of The Administrative Litigation

The function of the administrative litigation which has long been known as "the citizen suing the government",is to resolve conflicts between citizens and the government.For a long time,it is hard for citizens to take the government to court because of the concern that the position of the two parties is unequal and the judicial authority will not be completely independent of the administrative agency,as well as the imperfection of the administrative litigation system.The administrative litigation system has always been blamed for that.As the government vigorously promotes the legal construction and protects human rights,the awareness of civil rights has been strengthened.Facing unlawful infringement of the administrative agency,more people choose to protect their legitimate rights and interests by litigation.However,in judicial practice,it is common for administrative litigation cases to be rejected by the court for exceeding the time limitation for filing a complaint.The infringed rights can not be redressed has become a big problem to private parties and interested parties because of the existing regulations of administrative litigation system.Many regulations of the administrative litigation system in our country learn from the civil litigation system.As a result,the time limitation for filing a complaint of the administrative litigation is frequently regarded as the limitation of action of administrative cases.In fact,the time limitation for filing a complaint is different from the limitation of action.In the process of researching on an administrative case caused by a forced demolition,the author found that when an administrative agency infringed on their legitimate rights and interests many private parties and interested parties considered their communication with the administrative agency for the dispute matter as an interruption of the time limitation for filing a complaint which could make the time limitation start over,and then they failed to gain the judicial relief.This is what happens when you don't know much about the time limitation for filing a complaint of the administrative litigation.To figure out the legal nature of the time limitation for filing a complaint and to do research on its length,starting points,interruption system and judicial review,is closely related to protecting the interests of private parties and interested parties,as well as perfecting the regulations of the time limitation for filing a complaint of the administrative litigation.This paper is divided into four parts.In the first part,we will do research on basic theories of the time limitation for filing a complaint,including its legal nature,features and functions.We will also discuss the differences between the time limitation for filing a complaint,the limitation of action and the period of exception,then we will discuss the theoretical basis of the time limitation for filing a complaint.The second part will summarize the legislative status of the time limitation for filing a complaint according to the administrative litigation law and its judicial interpretation.The third part will analyze the existing problems of the time limitation for filing a complaint.Based on the theoretical research in the academic circle and the practical problems in the judicial practice,this part will summarize the shortages of the relevant regulations,and discuss specific problems like how to determine the starting point,how to set up an interruption system and so on.The fourth part will put forward some suggestions for perfecting the regulations of the time limit for filing a complaint on the basis of the problems discussed in the upper part.