Research On The Time Limit Of Administrative Litigation

The prosecution time limit system for administrative litigation is an important system in administrative litigation and a procedural threshold for the party concerned to enter administrative litigation.Improving the prosecution time limit system can urge the party concerned to exercise the right of appeal as soon as possible,safeguard the effectiveness of administrative acts and ensure the smooth progress of evidence collection effectively.However,due to Administrative Litigation Law of the People's Republic of China and its judicial interpretations have no close regulations on the prosecution time limit,there are many problems during practical application of the prosecution time limit system,and they need to be solved and improved urgently.In view of the problems of the administrative third party's unclear prosecution time limit,the unclear method to deal with wrong notification of the prosecution time limit,and the unclear prosecution time limit in administrative public interest litigation,the longest prosecution time limit shall be extended and unified and the wrong notification of the prosecution time limit shall be treated equally with the case of no notification.In addition,regulations for the prosecution time limit in administrative public interest litigation shall be increased.In order to solve the problem of unreasonable starting point of the prosecution time limit,the starting point of the prosecution time limit shall be reset,and the date when citizens,legal persons or other organizations know or shall know the damage of the rights and interests shall be taken as the starting point of the prosecution time limit.The problem of improper connection between the prosecution time limit and the reconsideration time limit may be dealt with according to different circumstances: if the prosecution time limit is exceeded but the reconsideration time limit is not exceeded,the party concerned may choose to reconsider,but the reconsideration shall be final and no further administrative litigation shall be brought against this administrative act.In the case of reconsideration first,the time limits for bringing a reconsideration and bringing a litigation shall be kept the same,so as to prevent the case where the litigation cannot be brought as the reconsideration time limit is exceeded but the prosecution time limit is not exceeded.In thecase of withdrawing the reconsideration application and bringing a litigation instead,the previous reconsideration may be taken as the reason for deduction of the prosecution time limit,so as to avoid the situation where the party concerned shall not bring a litigation due to the exceeding of the prosecution time limit.In addition,in order to solve the problem of unlimited applicable types of the prosecution time limit,it can be clarified that the confirmed litigation is not subject to the prosecution time limit,and other types of litigation are subject to the prosecution time limit directly or indirectly.Finally,for the problem of an incomplete system for delay of the prosecution time limit,the reasons for deduction of the prosecution time limit and corresponding procedures shall be clarified,and the introduction of interruption rule of the prosecution time limit shall be refused.