Research On The Time Limit Of Prosecution In Administrative Public Interest Litigation

In 2017,the "Administrative Procedure Law" was revised,and the content of administrative public interest litigation was added to the legislation.The official public interest litigation system filed by the procuratorate as an important part of China’s current judicial system reform has officially entered the law and has become a legal system in China.The administrative public interest litigation system has grown from scratch,and many of its system designs are based on the relevant content of administrative litigation or civil litigation.However,the administrative public interest litigation as an "objective litigation" is aimed at protecting public welfare.It is different from ordinary administrative litigation or civil litigation Therefore,the legislative concept,legislative purpose,and specific system design of the relevant system design have many differences from ordinary litigation,and the prosecution period is one of them.Judicial practice and theoretical circles have certain disputes on whether administrative public interest litigation should be subject to the time limit of prosecution,which often becomes one of the reasons for litigation parties ’defense.It is imperative to improve the prosecution deadline rules in the future administrative public interest litigation legislation.Administrative public interest litigation has particularity in system design.The purpose of litigation is based on public welfare protection.There is a pre-procuratorial proposal in the litigation process.The prosecutorial organ has the supervision attribute in litigation status.In the judicial practice of administrative public interest litigation,the basic rules of the administrative litigation prosecution period,especially the prosecution period and its suspension,extension and other rules can meet the needs of administrative public interest litigation,but the starting point of the administrative public interest litigation prosecution period should not be copied from the current uniform legislative provisions In order to improve the rules for prosecution deadlines of administrative public interest litigation,the date of prosecution reply or expiration date should be taken as the starting point of the prosecution period through legislative or judicial interpretation.