Research On The Statute Of Limitations For Administrative Public Interest Litigation In My Country

Administrative public interest litigation has gone through five years of development from its pilot in 2015 to its formal establishment in 2017 in legal form.The administrative public interest litigation system is also becoming more and more complete,but the law on the statute of limitations for administrative public interest litigation still lacks clear regulations;in judicial practice,as people pay attention to the ecological environment and food hygiene and safety,the number of administrative public interest litigation cases has also shown an upward trend.However,due to the lack of the corresponding statute of limitations,judicial chaos has been caused by different judgments in the same case,which has damaged judicial authority.Therefore,the main purpose of this article is to put forward some constructive suggestions for improving the limitation system of administrative public interest litigation.In academic theory,the time limit for administrative litigation mainly refers to the time limit for administrative litigation,and the time limit for administrative public interest litigation has the attributes and effects of the time limit for litigation.According to the general theory,my country’s Administrative Procedure Law and related judicial interpretations now only establish a statute of limitations of the "period of prosecution".The analysis of the main elements of the administrative public interest litigation period from the variable time limit,the level of litigation rights,and the nature of litigation rights is more suitable to be regarded as a statute of limitations.By combing the development context of the limitation system,using etymological analysis methods to analyze the limitation of litigation,from the analysis of limitation of litigation to the limitation of administrative litigation,the concept and value of the limitation of administrative public interest litigation are further clarified on the basis of the two.Secondly,it analyzes the relationship between administrative litigation and statute of limitations,and details the inconsistency of the statute of limitations in administrative public interest litigation with the current administrative statute of limitations in terms of litigation purpose,litigation subject,starting point,and initiation procedure.Case reports are studied through case studies,and the current administrative public interest litigation limitation point is not clear,the length of the litigation period is unknown,the maximum time limitation is unknown,and whether the administrative public interest litigation limitation applies to the suspension extension system and other issues.The lack of clarity in the system and the lack of laws have led to confusion in judicial application.Therefore,based on the stability of the law behind the limitation of administrative public interest litigation,the limited judicial review,power checks and balances,and the theory of litigation effectiveness,combined with judicial practice,it is proposed to respond with procuratorial recommendations or 1 year on the date of expiration as the limitation of administrative public interest litigation.The statute of limitations for ordinary litigation,clarifies the maximum protection statute of 20 years,and delays caused by force majeure and other non-self reasons will not be included in the statute of limitations;clearly apply the extension system,and it is also recommended that the number of initiation of procuratorial recommendations should not exceed 3 times.