Study On The Interruption System Of Administrative Litigation

The deadline system for administrative litigation is the threshold for administrative counterparts to seek remedies for judicial rights.The “one-size-fits-all” approach of overdue litigation in judicial practice is not only detrimental to the protection of the power of administrative counterparts,but also substantive to the administrative law The legislative purpose of resolving administrative disputes runs counter."The law does not protect people who lie on their right to sleep" is an important legal basis for the establishment of a system of prosecution deadlines.For those who did not lie on the right to sleep,but even actively sought rights relief,the trial method of "one size fits all" refusal showed a bias and deserved our reflection.In view of this,the obstacle system to the completion of the administrative lawsuit period has emerged,and the establishment and construction of the system of interrupting the lawsuit period is an indispensable part.From the system of prosecution deadline to the system of obstacle to completion of the prosecution deadline to the system of interruption of the prosecution deadline,a comprehensive discussion on the establishment and development of the system of prosecution deadline interruption along this line of thought will help resolve the root cause of the weak protection of the administrative counterpart’s rights from the source It is undoubtedly of great practical significance to properly handle the natural contradiction,which will substantially resolve administrative disputes,further stabilize the administrative law order,help the construction of a government ruled by law,and promote the realization of public welfare.Focusing on the establishment and development of the system of administrative prosecution time limit,and taking the origin of the problem,the general situation of the system of prosecution time,the establishment and development of the system of interruption of the time limit for prosecution,this article is divided into four parts to study the system of interruption of time for prosecution :In the introduction,the source of the selected topic and the purpose of the study are introduced,and the significance of the study on the suspension of the prosecution period is expounded.Then it summarizes the research status of administrative litigation deadlines at home and abroad,and finally introduces the research methods and research innovations.The first part is the review of the deadline for administrative lawsuits.Specifically,it includes the interpretation of the text of the time limit system for prosecution and the crawling of the legislator’s system positioning when the time limit system for prosecution is set.Furthermore,the case of Liu Guilan v.Inner Mongolia Baotou Rare Earth Hi-tech Industrial Development Zone Management Committee for the collection of compensation(the Supreme People’s Court(2017)Supreme Law Bank Application No.2608)led to a problem,that is,the existence of the current lawsuit period system and the protection of counterparties Tension,the counterparties who actively seek rights relief are often unable to file a lawsuit within the time limit for prosecution due to objective factors,and are therefore rejected outside the lawsuit.Which led to our reflection : the possibility of establishing and constructing a system of interruption of the prosecution period.The second part is the basic theory of the interruption system of administrative proceedings.Institutional flaws often stem from theoretical confusion.To construct a system of suspension of the prosecution period,it is necessary to discuss the basic theory of the suspension system.This section mainly discusses the basic theory of the interruption system.Specifically,it includes three aspects:the concept and nature,positioning,and theoretical basis of the prosecution period interruption system.Among them,the positioning and theoretical basis of the suspension of the prosecution period is the foundation of establishing the suspension system.The third part is the necessity and feasibility of the system of interruption of administrative proceedings.Based on the basic theory of the interruption system,this section considers the need to protect the rights of counterparts and the need to maintain the stability of social order,and combines the experience of extraterritorial and other departmental laws to establish the interruption system.The fourth part is the reasons for the suspension of the prosecution deadline interruption system.The cause of interruption is the most important part of the system of interruption of the period of prosecution and the main support of the system of interruption of the period of prosecution.This section specifically discusses the statutory discontinuances,including:the promise of the administrative subject,the prosecution time limit due to the delay of the administrative organ,the discovery of the sued administrative act and the administrative review action in the civil lawsuit can be the interruption of the prosecution time limit.It should be noted that due to the wrong selection of the competent court,the delay of the counterparty’s period of prosecution should be justified,and it should not be determined as the cause of the suspension of the prosecution period.The fifth part is the procedure of the system of interruption of administrative proceedings."The essence of the procedure is the impersonalization of management and decision-making,and all its arrangements are designed to limit arbitrary,arbitrary and excessive discretion." The rule of procedure is the general requirement of the rule of law and the most basic requirement.This section discusses the procedures of the suspension of the prosecution deadline,which specifically include two aspects:general procedures and special procedures.The general procedures include the start,review and decision of the interruption system procedures,and relief.The special procedures include issues such as the burden of proving the interruption of the prosecution period and the issue of certification standards.