A Case Empirical Study On The Litigation Period Of Administrative Public Interest Litigation

In 2017,administrative public interest litigation was officially incorporated into the law.As a new type of litigation,many of its system designs draw on the relevant provisions of the Administrative Procedure Law and the Civil Procedure Law.However,no matter during the pilot period or after the formal legislation,the issue of the prosecution period of administrative public interest litigation has never received the attention of legislators,which has led to a gradual increase in cases where the prosecution period is the focus of controversy in judicial practice,and the issue of different judgments for similar cases is serious.There are practical problems such as the inconsistent determination of the binding nature of the prosecution period of administrative public interest litigation,the difference in the establishment of the starting point,and the inconsistent application of the duration.This is not only detrimental to the authority of the judiciary and the waste of judicial resources,but also detrimental to the timely recovery and remedy of national interests and social public interests.There is also a great controversy about the design of the prosecution period system of administrative public interest litigation in the academic community,and it is urgent for legislators to make explicit provisions when improving the administrative public interest litigation.This paper first discusses the relevant concepts of the duration system of administrative public interest litigation,clarifies the difference between it and similar concepts,and clarifies the special nature of administrative public interest litigation and its duration.Subsequently,the case of "whether the procuratorial organ has filed administrative public interest litigation beyond the time limit for prosecution" is listed as the focus of controversy in judicial practice,and the case data is summarized and summarized.Divide the category into the binding nature of the prosecution period of administrative public interest litigation,the establishment of the starting point and the application of the duration,so as to analyze the judge’s judgment thinking and logic and grasp the current situation of judicial adjudication.Based on the case data and the current situation of judicial adjudication,the problems and reasons are analyzed in depth.Finally,the statistical data in the case demonstration process will be adjusted to the best state by combining case empirical analysis with normative analysis,and adapting China’s national conditions to the advanced legislative examples outside the region.Clarify the binding nature of the prosecution period of administrative public interest litigation,and propose a scientific and reasonable design scheme of the prosecution period system-the prosecution period of administrative public interest litigation is calculated from the date of the administrative organ’s reply to the procuratorial proposal or the date of the expiration of its reply period.In case of statutory special circumstances,the time limit for prosecution may be deducted and extended after applying to the people’s court for approval.This rule can play the important role of the prosecution period system in connecting the legal pre-litigation procedure and the litigation procedure,and balance the relationship between the protection of public interests and the stability of the legal order to achieve the purpose of administrative public interest litigation.