On The Time Limit For Litigation In Requesting To Confirm The Invalidation Of Administrative Agreement

Since the administrative procedure law does not provide for the application of the validity period of the prosecution agreement,there are three ways of judgment in judicial practice for the period of prosecution in the lawsuit requesting to confirm the invalidity of the administrative agreement.1.A prosecution requesting confirmation is subject to the time limit for prosecution.The review shall be conducted in accordance with the provisions.Some courts prudently emphasized that "the administrative procedure law does not make special provisions" to demonstrate the rationality of applying Article 46.2.Request to confirm the invalidity of the administrative agreement.When the administrative agreement is indeed invalid,the agreement is not subject to the time limit for litigation.There are two reasons.One is that for administrative agreement cases that occurred after May 1,2015,and of course it is invalid,and is not subject to the time limit for prosecution.Administrative agreements before that time will not be accepted.Second,because the "Administrative Litigation Law" does not clearly stipulate the time limit for invalidation,it is not restricted by the time limit for prosecution.3.If the administrative agreement is invalid,it is not subject to the limitation of the statute of limitations.There are also two reasons.First,the administrative procedure law does not refer to civil laws.Second,a lawsuit for confirmation of invalidity is a lawsuit for the right of formation and is not subject to the limitation of the statute of limitations.There are problems with the three ways of refereeing.The adjudication thinking that is limited by the time limit for prosecution ignores the nature of invalidity.The reason for this view is that there is a risk of abuse if it is not restricted by the time limit for prosecution.However,the law clearly stipulates invalid situations with "major and obvious violations".Compared with general violations,the violations are more thorough and cause greater and irreparable damage to the counterparty.The courts are only based on the stability of the law.As well as the dismissal of the litigation of the parties to the social stability adjudication overdue,the application of a uniform time limit may lead to the invalidity of the judgment type of the confirmation litigation.However,under the idea of adjudication that is not limited by the time limit for prosecution,it is unreasonable to reject the invalidation of a lawsuit based on a certain time node as the boundary.This situation arises because the content of the transitional clause affects the acceptance of the invalidation action.The provision is more general in setting-"no case filed",and the "one size fits all" legislative approach does not actually take into account the exception of favorable retroactivity.In addition to the aforementioned issues,there is a situation where the applicable boundaries of the time limit for litigation and the statute of limitations system are unclear.This is because the ambiguity of legislation affects the application of the rules regarding the invalidation of the agreement.The scope of application of the time limit for litigation does not cover all administrative litigation situations.Legislation and the judiciary talked about the application of the administrative agreement litigation types clearly stipulated in the Administrative Litigation Law,but did not further stipulate the type of confirmation validity,so whether it can be applied and how to apply administrative litigation The legal prosecution period has become a problem.Therefore,the time limit for litigation for requesting confirmation of the invalidity of the administrative agreement should be based on the principle of the priority of invalid entity review,because the positioning of the invalidation litigation affects the priority of invalidation review.Confirmation of litigation is only to confirm the legal status of a certain dispute,and to resolve existing disputes will not harm the rights of the parties,nor will it affect the function of litigation.For major and obviously illegal administrative acts,the plaintiff can directly file a lawsuit for affirming invalidity.However,it is necessary to distinguish the nature of the invalidation request.Second,the request to confirm the invalidity of the administrative agreement should be based on the standpoint of not being limited by the time limit for the suit.Demonstrate the legitimacy of not being restricted by the time limit for prosecution from the perspectives of theory,legislation and judicial practice.Not subject to the limitation of the time limit for litigation,refer to the civil law.The people’s courts can refer to the relevant provisions of the applicable civil laws and regulations on civil contracts when trying administrative agreement cases.The essence of this is that the spirit of civil legislation can be referred to when there is no administrative law in the relevant litigation matters.In other words,the request to confirm the invalidity of the administrative agreement,even if the nature of the invalid entity content is distinguished,should refer to the invalid civil contract for the time limit in the procedural law,and not subject to the time limit for litigation.