Research On The Time Limit Of Administrative Public Interest Litigation

As a new type of administrative public interest litigation,due to the lacking of specified regulation on the time limit for prosecution of it,there is none of unified judicial adjudications on administrative public interest litigation,while clarifying the time limit for prosecution for administrative public interest litigation,it can be beneficial to drive procuratorate to litigate as soon as possible to maintain public interest,unify the applicable standard of judicial adjudication in the court,and also balance the relationship between administration and procuratorate.In this thesis,firstly,it starts from juridical practice,and mentions five processing modes about the time limit for prosecution for administrative public interest litigation,which are lawsuit rejected due to the time limit for prosecution for administrative public interest litigation,continuously handling within time limit for prosecution for administrative public interest litigation,unlimited time limit for prosecution for administrative public interest litigation,avoiding discussion of time limit for prosecution for administrative public interest litigation,and continuous and timely launching of administrative public interest litigation although there is none of regulation on time limit for prosecution,and later,it illustrates the reason on judicial differences that there is disharmony between time limit for traditional administration litigation with administrative public interest litigation.Later,it is the analysis about the foundation of the establishment of time limit for prosecution for administrative public interest litigation,first of all,it is the legal basis,including law principle of stability,limited judicial review,lawsuit benefit,checks and balances,and administrative proceedings classification,and secondly,it is the realistic basis,including the analysis on the necessity and feasibility of its design on system.Finally,it is the construction on the time limit for prosecution for administrative public interest litigation,firstly,it specifies the starting point of it,which starts from the performance of pretrial proceedings by procuratorate,while due to the non-performance of administrative organ on responsibility,the public interest of country or society is still infringed;secondly,it is the design on administrative proceedings classification,including abatement of action,performance of action,and confirmation of action,which has respectively time limit;thirdly,it puts forward that the time limit for prosecution for administrative public interest litigation can not be a part of requirements of prosecution,while the inspection time on it should start after the record of it.