Research On The Time Limit Of Indictment Of Invalid Affirmation Litigation Of Administrative Act

The effectiveness of administrative act is relatively lagging behind in the theoretical study of administrative law in China,and the legislative and judicial practice is in a blank state for a long time.First of all,the administrative procedure law implemented in 1989 does not stipulate the types of judgments on confirming the invalidity of administrative ACTS.However,article 3 of the law on administrative punishment enacted in 1996 stipulates that "administrative punishment shall be invalid if there is no legal basis or if the administrative procedure is not followed",which is the case of invalid administrative act stipulated earlier in China's legislation.In 1999 the Supreme People's Court about execution < administrative procedure law of the People's Republic of China >,the explanation of some issues(interpretation "[2000] no.8)further to make relevant provision,namely" the specific administrative act is invalid in accordance with the law of the defendant,the court shall make a confirmation of the judgment of the specific administrative act is invalid ",this is equivalent to the trial confirmed invalid of administration on the procedure law related basis.In judicial practice,there are also a large number of cases in which the court resolves disputes by confirming the invalidity of administrative ACTS.Become effective as of May 1 2015,the new administrative procedure law of invalid administrative act are clearly defined,that is "administrative behavior have implementation main body with administrative subject qualification or not according to major and illegal situation,such as the plaintiff an administrative act is invalid,the people's court ruling confirmed invalid".The later interpretation of the supreme people's court on the application of the > of the administrative procedure law of the People's Republic of China(interpretation [2018] no.However,neither the new administrative procedure law nor its judicial interpretation has clearly defined the time limit for the litigation of confirming invalid administrative act.In terms of the types of administrative litigation,there are great differences in terms of the time limit and requirements of litigation between the revocation litigation,the confirmation litigation and the payment litigation.However,due to the deficiency of the effectiveness theory of administrative act and the theory and practice of litigation type in China,the provisions of the administrative procedure law such as the time limit of prosecution are basically based on the model of revocation of the lawsuit,which leads to the theoretical dispute on whether the invalid administrative act should be limited by the time limit of prosecution.In addition,the judicial interpretation of the new administrative procedure law of 2018 stipulates that "if an administrative act is filed before May 1,2015,and a request is made to confirm the administrative act is invalid,the people's court will not file the case".The issue of the time limit for the confirmation of invalid administrative act is an important issue that cannot be avoided in the administrative procedure law and plays a very important role in maintaining the social order and protecting the rights of citizens.The affirmation of invalid administrative act is not limited by the time limit of prosecution.This paper analyzes the decisions of the supreme people's court on such cases before and after the promulgation of the new judicial interpretation in 2018,and finds that there are still three views of "restricted","unrestricted" and "uncertain" in judicial practice.Then,starting from the legal basis affecting the setting of the time limit of prosecution,namely,starting from the four aspects of the citizen's right of refusal,the principle of interest measurement,the principle of stability of the law,and the principle of the determination of administrative act,this paper analyzes the reasons for the disagreement on whether the litigation of confirming invalid administrative act should be subject to the time limit of prosecution.Last review priority,the burden of proof from the invalid entity of scientific allocation,clear the supply status,teaching obligation to make clear a regulation,the administrative organ of self-repairs are studied,in order to establish of invalid administrative act system of prosecution deadline makes some relevant system idea,to list the part of invalid administrative act should be restricted.