Research On The Time Limit Of Administrative Litigation

The decision adopted at the Fourth Plenary Session of the 19 th CPC Central Committee stressed the need to improve the legal guarantee system of social fairness and justice,promote scientific legislation and strengthen the legal guarantee of human rights.As an important part of the administrative procedure law,the prosecution period system is the period during which the parties bring an administrative lawsuit to the people’s court,and it is one of the legal prosecution conditions.The period of prosecution plays an important role in protecting the rights of litigants,standardizing administrative litigation activities and maintaining social stability.At present,China’s administrative procedure law and the applicable interpretation still have some defects in the provisions of the prosecution period system,which are mainly reflected in the following contents: For example,there is a lack of provisions on the time limit for the prosecution of interested parties;the time limit for prosecution of administrative public interest litigation is not clear enough;The time limit for prosecution of the wrong notification by the administrative organ is not specific;The starting point of the prosecution period is unreasonable;The provisions on the time limit for the confirmation of invalid litigation are not clear;And the delay system of prosecution period is incomplete.These legislative deficiencies have led to a number of controversial issues in judicial practice,It hinders the realization of the purpose of the administrative procedure law to fully protect the legitimate rights and interests of the parties,safeguard and supervise the administrative organs and solve administrative disputes as soon as possible.Based on this situation,in order to better protect and standardize the administrative litigation rights of the parties,promote the administration of administrative organs according to law,systematically discuss the litigation period system of administrative litigation in China,and put forward legislative suggestions to improve the litigation period in China,which is of great value both in theory and in practice.The full text consists of three parts: introduction,body and conclusion.The introduction mainly expounds the background,significance of the topic,the research status at home and abroad,research method,as well as the innovation and deficiency of this paper.The text is divided into five chapters: the first chapter discusses the basic concepts of the prosecution period of administrative litigation in China,including the definition,characteristics and functions of the prosecution period,the distinction between the prosecution period and related concepts,the theoretical basis of the period of prosecution,etc.The second chapter analyzes the legislative status of the prosecution period of administrative litigation in China.The third chapter analyzes the problems existing in the legislation and practice of the prosecution period of administrative litigation in China.The fourth chapter summarizes and draws lessons from its useful experience through the investigation of comparative law.The fifth chapter puts forward improvement ideas for the problems existing in legislation and practice.The conclusion summarizes the significance of the prosecution period,and places high hopes on the development and improvement of the system.