One, the value that set administration lawsuit sues deadline and meaning
Sueing deadline is " procedural law of administration of People's Republic of China " definite important legislation system. It is citizen, legal person other perhaps organization mentions lawsuit of politics of start on a journey to people court, during obtaining what the courtyard accepts people method, it is one of conditions of party to lodge a complaint. Do not accord with sue deadline requirement, meaning did not decide to lodge a complaint of court of deadline introversion people in the law namely, party lost the right to forensic to lodge a complaint. Design of this one system is not met, also not was restricted to shrink of party appeal to authority, its value and meaning depend on, it is to urge party to start the right in time to relieve a program on one hand, as soon as possible settles administrative dispute, the impact of administrative law rule that makes inaccuracy is decided comes down certainly as soon as possible, achieve the efficiency of administration thereby, safeguard good society to administer a system; It is to avoid time on the other hand too long, bring about evidence to be short of break, cause case fact to make a thorough investigation of hard, go against protective administration the legitimate rights and interests of opposite person. (should state bring from (2016) top magic art goes explain 2573 administration ruling, the party that often appears from inside solid Wu was responded to on legal principle exceeds period prosecution problem, be worth us to be drawn lessons from in writ writing. Collegiate bench member: Liang Fengyun, Wang Haifeng, Tong Lei)
2, the prosecution on administrative procedural law the litigant effectiveness for a given period of time that deadline is different from civilly
What administrative lawsuit executes is to sue deadline system. Alleged sue deadline, the party that is fingering law provision refuses to obey to the court request judicatory is relieved when some administration action, the time limitation that exercise administration cancel counterpoises. Design and falsification undertake during the during dividing denounce, goes up with lawsuit appeal that it is civilly prepping according to, during what belong to program law to go up on property is legal, cannot be interrupted or break down, the Caikeshen below special situation is lengthened please or deduct the time that is delayed. The setting sues the purpose of deadline system and function, depend on safeguarding the effectiveness of administrative action, with ensuring administrative law law concerns use up good morning to decide. And civil code general rule differs somewhat to the regulation of litigant effectiveness for a given period of time. During exceeding litigant effectiveness for a given period of time, party fulfills of one's own accord, do not accept restriction of litigant effectiveness for a given period of time. And, it is during litigant effectiveness for a given period of time alterable during. Although " top people court about applicable the explanation of a certain number of problems " dozenth a regulation, to the executive authority law notting comply is fulfilled, did not fulfill administrative agreement to lodge a complaint according to the agreement, consult the regulation of civil law standard about litigant effectiveness for a given period of time, but this is be based on what travel the Chinese People's Political Consultative Conference discusses to fulfill appeal to what fulfill with the contract of civilly to appeal to the special provision that have a lot of and same place and makes, sue the action of home remedy administration that the executive authority makes, the prosecution that still wants applicable administration lawsuit the regulation of deadline.
The effectiveness for a given period of time of civilly is not the account that the right liquidates, it gives obligor a contradictory right only. If obligor nonfeasance, be no good namely make his counterplea counterpoises, request authority to be able to get executive through judicatory program. In civil suit, party did not put forward counterplea of litigant effectiveness for a given period of time, people court also does not answer problem of litigant effectiveness for a given period of time to undertake the regulation of Shi Ming and effectiveness for a given period of time of active and applicable lawsuit has a judge. But in administrative lawsuit, normally system of not applicable effectiveness for a given period of time, however applicable sue deadline, before already was like, narrate. And according to " top people court about applicable the explanation of a certain number of problems " the 3rd regulation, whether to abide by sue deadline to belong to a kind when sue a condition, to sueing conditional checkup, people court ought to depend on powers and authorities of office to undertake, need not await the application of party, what also need not be based on party is contradictory. To " more than legal sue deadline and ill-founded " , people court can rule directly reject sue. (should state bring from (2016) top magic art goes explain 2645 administration ruling, collegiate bench member: Li Anyu, Hu Wenli, Li Wei China)
3, new old administration of justice explains about sueing deadline " two years " and " a year " join applicable
(partial content is brought from the law politics tribe and word say civilian announce government-owned fair number)
Before revising " top people court about implementing procedural law of administration of < People's Republic of China > the explanation of a certain number of problems " the 41st regulation: "When the executive authority makes specific administration action, did not inform what other perhaps organization appeals to citizen, legal person to counterpoise or sue deadline, sue deadline to other perhaps organization knows or ought to know to accuse the day that counterpoise or sues deadline rises consideration from citizen, legal person, but rise from the day that know or ought to know content of specific administration action the longest must not exceed 2 years. " after revising " top people court about procedural law of administration of applicable < People's Republic of China > explanation " (carried out on Feburary 8, 2018) the 64th regulation: "When the executive authority makes administrative action, did not tell citizen, legal person other perhaps organization sues deadline, sue deadline to other perhaps organization knows or ought to know to sue the computation since the day of deadline from citizen, legal person, but rise from the day that know or ought to know administrative action content the longest must not exceed a year. But rise from the day that know or ought to know administrative action content the longest must not exceed a year..
" top people court about print and distribute < about hearing administrative case the informal discussion summary of problem of applicable law standard > inform " (law 〔 2004 〕 96) new to concerning old law is applicable and law not. According to this summary the 3rd sets, in existence new old law joins below the circumstance of the problem, people court examines the lawful sex of administrative action, applicable old laws and regulations decides hypostatic issue, applicable new code decides program issue, but following scenario except: (one) law, code or regulations have a regulation additionally; (2) applicable new law is opposite to protecting administration legitimate rights and interests of the person is more advantageous; (3) the property according to specific administration action ought to applicable of the hypostatic regulation of new law. Sue deadline to attribute program problem, should hold to " hypostatic from old, program anew " principle, applicable the regulation of a year after revising.
Accordingly, reach the following conclusion: Sue deadline to belong to program sex regulation, according to " program anew " regular, ought to applicable the explanation after revising. But, sue deadline considering what old laws and regulations decides longer, new code decides briefer case, ought to new old law is united in wedlock. If party is right the administrative action to lodge a complaint that happens before Feburary 8, 2018, people court ought to explain those who set 2 years to sue deadline according to old judicatory. If party is sued after Feburary 8, 2018, ought to carry out prosecution of 1 year deadline. Namely prosecution of 2 years deadline is in on Feburary 8, 2019 have not of at the expiration of one's term of office, end to on Feburary 8, 2019. If came on Feburary 8, 2018 during Feburary 8, 2019 at the expiration of one's term of office 2 years, press the date when at the expiration of one's term of office to calculate.
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