How long is the statute of limitations for administrative litigation, and how long is the statute of

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.

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.

Legal analysis: The statute of limitations for the Administrative Litigation Law is six months. China's law stipulates that where a citizen, legal person or other organization directly initiates a lawsuit with a people's court, it shall do so within six months from the date on which it knew or should have known that it had taken an administrative act.

Except as otherwise provided by law.

Legal basis: Civil Code of the People's Republic of China

Article 188:The statute of limitations for requesting protection of civil rights from the people's courts is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance is completed.

Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of obligations.

After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned.

Article 193:People's courts must not actively apply the statute of limitations.

The statute of limitations for administrative litigation is calculated from the date on which the specific administrative act is taken. According to the provisions of the "Administrative Litigation Law", where a party is dissatisfied with an administrative decision and initiates an administrative lawsuit, it shall do so within two months from the date on which it became aware of the specific administrative act, except as otherwise provided by law. If they are not satisfied with the reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision.

[Legal basis].Article 45 of the Administrative Litigation Law of the People's Republic of China.

If a citizen, legal person or other organization is dissatisfied with the reconsideration decision, Latong may file a lawsuit with the people's court within 15 days from the date of receipt of 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.