What is the time limit for administrative litigation?

Article 38: Where citizens, legal persons, or other organizations apply to an administrative organ for reconsideration, the reconsideration organ shall make a decision within two months of receiving the application, except as otherwise provided by laws and regulations. If the applicant is not satisfied with the reconsideration decision, he may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision, and 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 from the date of the expiration of the reconsideration period. Except as otherwise provided by law.

Article 39: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 3 months of knowing that a specific administrative act has been taken, except as otherwise provided by law. "Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Administrative Litigation Law of the People's Republic of China": Article 41: Where an administrative organ fails to inform citizens, legal persons, or other organizations of their right to sue or the time limit for filing a lawsuit when taking a specific administrative act, the time limit for initiating litigation is calculated from the date on which the citizen, legal person, or other organization knows or should know the right to sue or the time limit for initiating litigation, but must not exceed 2 years from the date on which the content of the specific administrative act is known or should be known.

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. Article 42: 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 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.

Three minutes to take you to understand how to calculate the time limit for filing an administrative lawsuit?

How to define the time limit for filing an enterprise administrative lawsuit?

The time limit for administrative litigation is six months, and Chinese law provides that where a citizen, legal person, or other organization directly initiates a lawsuit in a people's court, it shall do so within six months from the date on which it knew or should have known that the administrative act had been 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.

There are three types of time limits for initiating an administrative lawsuit:

In cases where the parties may directly initiate litigation or freely choose litigation, it shall be filed within 3 months from the date on which they know that a decision was made on a specific administrative act. Except as otherwise provided by law.

Where it is necessary to file an administrative reconsideration first (pre-reconsideration) or if a party chooses to file a lawsuit after administrative reconsideration, it shall be filed within 15 days from the date of receipt of the reconsideration decision. Except as otherwise provided by law.

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.

2. The administrative litigation is conducted under the auspices of a unified court.

3. Administrative litigation is governed by independent procedural rules that are different from civil litigation.

4. In administrative litigation, the court mainly examines the legality of specific administrative acts.

5. Administrative litigation is an activity to resolve administrative disputes within a certain scope.

Legal basis

In accordance with Article 45 of the Administrative Litigation Law.

Where citizens, legal persons, or other organizations are dissatisfied with the reconsideration decision, they may file a lawsuit with the People's Procuratorate and 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.

It is usually within 6 months to file a lawsuit.

Administrative Litigation Law.

Article 46: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall know or should have known about it.

Within six months from the date on which the administrative act was taken. Except as otherwise provided by law.

Cases in which a lawsuit is filed for non-judgment of movable property shall be blind for more than 10 years from the date of the administrative act, and in other cases, shall be from the date of the administrative act.

Where a lawsuit is raised within five years, the people's court will not accept it.