Introduction: Handling a case for years in bright lawyer the discovery in practice, many change that be torn open unremitting ground letter visits householder period, will ensure to its rights and interests instead lay aside relative to more sufficient proceeding at the same time, brought about many programs to had exceeded legal to sue deadline, to the later period dimension of party authority caused huge passivity. And when we point out this problem, people of many the change that be torn open think toughly however, the letter is visited also is dimension authority, since I am holding to a letter to visit all the time, so sue deadline to should be interrupted when break down. So, is such understanding reasonable really? Is the letter visited with can you exist between lawsuit " join " concern?
Pretty good, the letter seeks a kind of form that is dimension authority really, but this is a basis " the letter visits byelaw " counterpoise in dimension, is not a basis " administrative procedural law " reach judicatory explanation counterpoises in dimension related its.
Break down, discontinuous argument is to originate " civil code general principles " the 194th, the 195th regulation, because specific action and case happen,those who point to is, cause litigation thereby effectiveness for a given period of time pauses or the legal effect of recount.
Those who need a specification is, litigant effectiveness for a given period of time is the professional name in civil suit, with the prosecution in administrative lawsuit deadline has substantially difference. In the case that the author acts as agent, the legal staff member of many executive authorities perhaps acts as agent lawyer often will both promiscuous. Litigant effectiveness for a given period of time is regulation of a kind of hypostatic sex, exceed litigant effectiveness for a given period of time, party was lost possibly win the lawsuit authority (with " likelihood the reason of " is civil effectiveness for a given period of time of the lawsuit in lawsuit must be advocated by the the opposing party, court cannot active and applicable) , the court still can undertake hypostatic cognizance but the court decision rejects litigant request. And " civilian tell an official " the prosecution in lawsuit deadline is regulation of sex of a kind of program, exceed sue deadline, party will be lost sue authority, need not the accused view, the court can make actively examine and ruling directly disallowance sue to sueing deadline.
" administrative procedural law " in the regulation that does not have litigant effectiveness for a given period of time, is to set only sue deadline, and sue deadline perhaps also interrupt this to say without break down. The happening that won't have any case and action consequently can remove break down to perhaps break the legal result that sues deadline, the letter is visited not exceptional also of course.
Be worth what carry is, with break down, interrupt the effect to be close to, " administrative procedural law " the 48th the first section provision because force majeure is other perhaps,do not belong to its oneself reason to delay those who sue deadline, the time that is delayed is not calculated sueing deadline inside. This regulation is to be aimed at the force majeure such as such as typhoon, earthquake or the executive authority informed a mistake sue deadline (refer in particular to inform sued deadline to exceed legal to sue deadline, if inform,sueing deadline is a year) etc blame because administration delays the case that prosecutes deadline relative to person oneself reason, and the letter is visited also cannot be equal apparently at afore-mentioned case, the time that because the letter is visited,delays consequently still ought to be calculated sueing deadline inside.
In addition, " administrative procedural law " the 48th stipulated the court drinks to whether allow surely the 2nd times extend the case that prosecutes deadline, wait not to attribute the other and special situation beyond oneself reason besides afore-mentioned force majeure namely. Typical if be in hospital of accuser life disease is brought about from this,exceed those who sue deadline, can be in to lodge a complaint of 10 days of indrawn courts after leaving hospital applies for to extend deadline at the same time, decide to whether allow by the court. The letter is visited cannot be equal as much or be similar to this case, because this also cannot serve as application quite,extend the argument of deadline.
Altogether, sueing deadline is during one is secured, nonexistent break down, discontinuous case, unless legal particulars of a matter is proper perhaps,court of main content classics agrees, just can sue deadline to give to what be delayed lengthen. Nevertheless, although the letter seeks action cannot enough break down is interrupted sue deadline, but the letter is visited as " the letter visits byelaw " gifts opinion feedback and right relieve channel, have the value that it exists oneself. If lawfully, reasonable had applied, plus dimension authority means of lawsuit, nature can have the effect of get twice the result with half the effort. Accordingly, the author suggests person of the change that be torn open ought to notice to believe the time that visit and way, get case range to according with lawsuit of people court administration, best and preferential solve a problem through judicatory way, avoided to collected sesame seed to lose watermelon, sue this to manage used major issue truly because of excessive letter is visited and was being delayed.
Author Piao Xierui is green
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