Whether there is a litigation period in administrative litigation

In administrative litigation, the parties enjoy extensive and equal litigation rights according to law, and also undertake necessary litigation obligations. The parties enjoy litigation rights to safeguard their legitimate rights and interests, and the parties perform litigation obligations to maintain litigation order and ensure the smooth progress of litigation. Administrative litigation is of great significance in safeguarding a country's administration according to law, establishing a government under the rule of law, and ensuring that the legitimate rights of citizens, legal persons or other organizations are not infringed by administrative power.

2024-06-30 16:40:13 Helped 1240 people

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Whether there is a litigation period in administrative litigation

In civil affairs litigation In this field, there are strict provisions on the duration of litigation.
When citizens, legal persons or other relevant groups directly file a lawsuit to the people's court, Limitation of action It is set as a six-month time limit.
The starting time shall be calculated according to the date when the rights and interests should know or have known the administrative act.
Unless the special circumstances stipulated by law are different, this rule shall apply.
For example, litigation cases arising from real estate related matters, such as the time since the administrative act was taken has exceeded 20 years;
As for other types of cases, if more than five years have elapsed since the date of the administrative act, the people's court will not accept such cases. 《 Administrative Procedure Law 》Article 46
If a citizen, legal person or other organization brings a lawsuit directly to a people's court, it shall do so within six months from the date when it knows or should know that an administrative act has been taken. Unless otherwise provided by law.
The people's court shall not accept a case brought on the basis of immovable property that has lasted more than 20 years since the date of the administrative act, or another case that has lasted more than five years since the date of the administrative act.

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