Study On Time Limits For Administrative Prosecution

Time limits for administrative prosecution are a period for litigant's legal relief, and are also the period of effective exercise of administration litigation. The system of time limit for commencement of most countries defines the time for prosecution. As the starting point of trial procedure, time limits for administrative prosecution is important system for implement of litigant's rights and justice of laws. However, it is not defined clearly in theory for the short time limit, complex starting point and tedious regulations, for which it needs to be improved. This paper introduces the system of time limit for commencement, analyzes definition and function and studies theories of it. Based on the analysis of present situation home and abroad, the problems existing in legislation and trial practice and the experiences of foreign countries, this paper focuses on some suggestions for improvement of time limits for administrative prosecution in our country according to China's national conditions and trial practice.This paper is divided into three parts: preface, main text and conclusions.Preface: during last three decades, administrative litigation and administrative trial form the perfect administrative prosecution system. There are many hot topics in administrative prosecution system, one of which is time limits of prosecution. The study on it is as followings.The main text is divided into four chapters. Chapter One: this chapter introduces the theory of time limits for administrative prosecution, and analyzes definition, function and the differences with related definitions. This paper defines connotation and function of time limits for prosecution based on comparative analysis of definitions by theory circle, and compares it with limitation of action and period of immunity for further understanding. Time limits for prosecution are based on Rights Relief Theory,"Loss of Rights", Stability of Law Theory, Administrative Acts Fixation Theory and Limited Judicial Review.Chapter Two: this chapter introduces regulations about time limits for prosecution at home and abroad. It introduces classification of simple time limits and special time limits in China; and introduces regulations about time limits for prosecution in several developed countries and areas.Chapter Three: this chapter introduces existing problems on litigation and trial practice. On litigation, time limits for prosecution are unclear, uncertain and incomplete to some extent. Meanwhile, eight problems of time limits for prosecution are analyzed with some examples, such as improper explanation by administrative organ.Chapter Four: this chapter suggests improving time limits for prosecution in China. This paper insists that it is a proper choice for development and improvement of time limits for prosecution based on China's national condition to draw lessons from successful experiences of foreign countries combined with trial practice.Conclusions: the current study and profound significance on national system of time limits for prosecution is summarized. The system of time limits for prosecution is developing with administrative litigation system, administrative procedure law and administrative law system environment. This paper shows great expectation for system of time limits for prosecution.