Statute of Limitations for Administrative Litigation 5, Statute of Limitations for Administrative Li

1. Administrative litigation refers to the right of citizens, legal persons or other organizations to file a lawsuit in the people's court in accordance with this Law if they believe that the specific administrative acts of an administrative organ or its staff infringe upon their lawful rights and interests.

According to Articles 41, 42 and 43 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Enforcement of the Administrative Litigation Law of the People's Republic of China, the statute of limitations for administrative litigation should be divided into the following two types:

First, the general statute of limitations. Where administrative organs fail to inform citizens, legal persons, or other organizations of their right to sue or the time limit for initiating litigation when taking specific administrative acts, the time limit for initiating litigation is calculated from the date on which the citizens, legal persons, or other organizations knew or should have known of the right to sue or the time limit for initiating litigation, but must not exceed 2 years from the date on which they knew or should have known the content of the specific administrative act. Where the reconsideration decision does not inform citizens, legal persons, or other organizations of their right to sue or the legally-prescribed time limit for initiating litigation, the provisions of the preceding paragraph apply.

Second, the special statute of limitations. Where citizens, legal persons, or other organizations do not know the content of a specific administrative act taken by an administrative organ, the time limit for initiating litigation is calculated from the date on which they know or should know the content of the specific administrative act. Where the time limit for initiating litigation is exceeded due to reasons not attributable to the plaintiff himself, the time delayed is not counted in the period for initiating litigation.

Where litigation cannot be initiated because of restrictions on personal liberty, the period of restriction of personal liberty is not counted in the period for initiating litigation. Where a lawsuit is filed more than 20 years from the date of taking a specific administrative act involving immovable property, or more than 5 years from the date of taking other specific administrative acts, the people's court will not accept it.

I would like to express my personal opinion, this situation is to sue for divorce, not an administrative lawsuit.

The statute of limitations for filing an administrative lawsuit is: six months for directly initiating an administrative lawsuit; If an administrative lawsuit is filed after reconsideration, it shall be within 15 days from the date of receipt of the decision on the lack of a reconsideration or the expiration of the reconsideration period. In cases where litigation on immovable property has been filed for 20 years since the date of the administrative act, and in other cases more than 5 years since the date of the administrative act, the people's court will not accept it.

Legal analysis: The statute of limitations for filing an administrative lawsuit is: six months for directly initiating an administrative lawsuit; If an administrative lawsuit is filed after reconsideration, it shall be within 15 days from the date of receipt of the reconsideration decision or the expiration of the reconsideration period.

Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.

Legal basis: Article 45 of the Administrative Litigation Law of the People's Republic of China Huikuan Where a citizen, legal person or other organization is dissatisfied with a reconsideration decision, it may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period.

Except as otherwise provided by law.

Article 46 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within six months from the date on which they knew or should have known that the administrative act was taken. Except as otherwise provided by law. Where litigation on immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act in other cases, the people's court will not accept it.