Research On The Statute Of Limitations Of The Lawsuit For Invalidation Of Confirmation Of Administrative Action

In 2015,the new Administrative Procedure Law initially clarified the issue of the confirmation of the invalid administrative act in the system.The administrative counterpart can apply to the court to confirm the invalidity of the administrative act,and the court will make a judgment confirming the invalidity after the trial.However,due to the fuzziness of the content of the article,the abstraction of the invalidity standard,the inappropriateness of the suggested examples,and the lack of the time limit for prosecution,the judgment of confirming invalidity fails to show its independent value.Among them,the discussion on the time limit for prosecution of invalid administrative acts has never stopped.In the current administrative laws and regulations and their applicable judicial interpretations,there is no reference to the relevant content of the time limit for prosecution of the confirmation of invalid administrative acts.Although the characteristics of invalid administrative act itself make it unnecessary to be limited by the time limit of prosecution,the court needs to make corresponding decisions in accordance with clear legal provisions when hearing cases.Therefore,it is not a few that are directly rejected by the court to confirm the invalid application for multiple reasons,such as “the legal prosecution period has been exceeded”,“there is no specific legal basis for the limitation of the non-prosecution period”.Of course,some courts,starting from the invalid administrative act itself,think that when there are significant and obvious defects in the administrative act,it should be recognized as the invalid administrative act,and the parties can file a confirmation lawsuit for the invalid administrative act at any time,without the limitation of the time limit for prosecution.In 2016,the Supreme People's court creatively put forward the concept of “appropriate period” in a guiding judgment document,that is,the confirmation of invalid litigation does not apply to the legal prosecution period,but also cannot be absolutely free from any limitation of litigation time limit.The comprehensive judgment of judges according to the specific circumstances of various cases,to a certain extent,enables judges to obtain greater discretion.However,there are many problems in “appropriate period”,the most important one is the boundary of “discretion”-the subjective standard combined with case judgment is too strong to achieve quantification or standard unification.In view of the difficulties and problems in the application of “appropriate period” by the court,it is necessary to further explore the establishment of this standard,so as to better assist the judicial organs in making decisions on invalid administrative acts and fully safeguard the legitimate rights and interests of the parties.First of all,this paper combs the current effective legal provisions and relevant judicial interpretations,pointing out the loopholes and the impact of the lack of legal provisions on the relief of the rights of the opposite party.With the help of the non-litigation database,through the use of a series of key words and multiple transformations of retrieval,this paper has searched the judgment documents related to the invalid action of administrative act confirmation since the promulgation and implementation of the new law in 2015,and selected a number of more typical,high reference value and significant reference judgment documents.After analyzing these judicial documents,this paper sorts out the differences in court opinions,application conditions and final results of these judgments,and considers them from two different perspectives: the principle of legal stability and the principle of substantive justice of law,and finds out the influencing factors of the result of the determination of the limitation of action for confirming invalidity.Then,the independent value and significance of the system of the action of confirming the invalidity of administrative act should be distinguished from the revocable action.By sorting out the trade-offs and choices between substantive justice and legal stability in “appropriate period”,this paper analyzes the effectiveness of “appropriate period” in the system of confirming invalid litigation,so as to affirm the rationality of the existence of “appropriate period”.Finally,it points out the shortcomings of “appropriate period” in the confirmation of invalid litigation,including vague concept,unclear boundary and different judgment standards.It is necessary to enrich its connotation to help the court to clarify the factors and specific limits to be considered in the judgment.At the same time,after the classification of the existing judgment results,the judge can benefit from a large number of judgment experience and make a better judgment,so as to further improve the current judicial practice of confirming invalid administrative litigation,so that citizens can get timely rights and interests relief,maintain the authority and justice of Justice,and promote the construction of socialist rule of law.