How long is the statute of limitations for reconsideration of civil actions

Article 188 of the General Provisions of the Civil Law stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights 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, where more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them; Where there are special circumstances, the people's court may decide to extend the extension on the basis of the right holder's application. Article 189 stipulates that if the parties agree to perform the same debt in installments, the limitation period shall be calculated from the date of the expiration of the last period for performance.

Article 190 stipulates that the statute of limitations for a person who lacks or has limited capacity for civil conduct shall calculate from the date of termination of the statutory ** of the claim of a person with no or limited capacity for civil conduct. Article 191 stipulates that the statute of limitations for the right to claim damages for the harm suffered by a minor shall be calculated from the date on which the victim reaches the age of 18. Article 192 stipulates that if the statute of limitations expires, the obligor may raise a defense of non-performance of the obligation.

Article 193 stipulates that the people's courts shall not take the initiative to apply the statute of limitations.

1. General provisions on the time limit for the trial of civil litigation.

In first-instance civil cases tried using the ordinary procedures, the time limit is six months; Where there are special circumstances that require an extension, an extension of six months may be granted with the approval of the president of that court, and where an extension is still necessary, it may be extended for another three months upon approval by the people's court at the level above.

The time limit for civil cases applying the summary procedures is three months.

For civil cases tried using special procedures, the time limit is 30 days; Where there are special circumstances that require an extension, an extension of 30 days may be granted with the approval of the president of that court, but at trial.

Voter Eligibility Cases.

The trial must be concluded before the election date.

Where a civil decision on a fine or detention is not satisfied and an application for reconsideration is made, the time limit for trial is 5 days.

In accordance with the provisions of article 250 of the Civil Procedure Law, the trial of foreign-related civil cases is not subject to the time limit for the trial of the above-mentioned cases.

The time limit for hearing civil cases involving Hong Kong, Macao, and Taiwan is to be handled with reference to the provisions on the trial of foreign-related civil cases.

In civil cases where a retrial is ruling, the provisions on the time limit for trial of the first instance are to be enforced.

2. The following periods are not included in the trial period:

1) Due to a party's or litigant's application to notify new witnesses to appear in court, collect new evidence, or apply for a new evaluation.

the period within one month of the court deciding to adjourn the trial;

2) The period for the public announcement to serve the legal documents for evaluation;

3) the period for hearing jurisdictional objections raised by the parties and handling jurisdictional disputes between courts;

4) The period for the presentation of evidence that is extended because the parties have negotiated to determine the time limit for the presentation of evidence or the time for the exchange of evidence:

5) The period during which the relevant professional institutions conduct audits, assessments, and asset disposals;

6) The period between the suspension of litigation (trial) and the resumption of litigation (trial);

7) Parties modify litigation claims or add parties to the litigation.

Where it is necessary to re-serve a copy of the complaint, the people's court shall re-designate the period of time for the presentation of evidence;

8) In cases where the circumstances of the case are major or difficult, and it is necessary for the adjudication committee to make a decision, the period from the date it is submitted to the adjudication committee to the date on which the adjudication committee makes a decision.

Hello, how long it will take needs to be analyzed according to the specific situation.

This situation depends on what you are dissatisfied with and the applicant is reconsidered, and it will be judged on a case-by-case basis.

Where does the statute of limitations for reconsideration come from in civil lawsuits?

The time limit for filing a lawsuit after reconsideration is 15 days. In accordance with the provisions of the relevant laws of our country, citizens, legal persons, or other organizations that are dissatisfied with the reconsideration decision 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.

What are the conditions for applying for reconsideration?

1. The applicant meets the qualifications of the applicant as stipulated in the Administrative Reconsideration Law, that is, the applicant is a citizen, legal person or other organization that believes that a specific administrative act infringes upon its legitimate rights;

2. There is a clear respondent. When the applicant for reconsideration submits an application for reconsideration, it shall clearly indicate who made the specific administrative act that infringed upon its own lawful rights and interests, and therefore the administrative organ that took the specific administrative act shall apply for reconsideration for the respondent;

3. There is a specific request for reconsideration and factual basis;

4. The jurisdiction of the organ accepting the reconsideration that is within the scope of reconsideration;

5. Other conditions stipulated by laws and regulations. Where relevant separate laws and regulations have special provisions on the conditions for applying for reconsideration, those special provisions shall prevail.

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

Time limit for initiating litigation after administrative reconsideration] Where citizens, legal persons, or other organizations are dissatisfied with the reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration machine 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.

Time period for initiating litigation] Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within 6 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 over immovable property is more than 20 years from the date of the administrative act, and more than 5 years have elapsed since the date of the administrative act in other cases, the people's court will not accept it.

The statute of limitations is three years. It shall be calculated from the time when the right holder knows or should know that the right has been infringed. The statute of limitations refers to the failure of the right holder whose civil rights have been infringed to exercise its rights within the statutory limitation period, and when the limitation period expires, the debtor obtains the right to defend against the statute of limitations.

1. How long is the time limit for administrative reconsideration litigation?

1. The time limit for filing a lawsuit after administrative reconsideration is 15 days.

2. If the party receives the reconsideration decision, it may file a lawsuit within 15 days from the date of receipt; If the reconsideration organ does not make a reconsideration decision within the reconsideration period, the party concerned may file a lawsuit within 15 days from the date of expiration of the reconsideration period.

2. Calculation of the time limit for applying for administrative reconsideration.

1) Where a specific administrative act is taken on the spot, it is calculated from the date on which the specific administrative act is taken;

2) Where legal documents indicating specific administrative acts are directly served, it is calculated from the date on which the recipient signs for receipt;

3) Where legal documents that are sensitive or indicate specific administrative acts are delivered by mail, it is calculated from the date on which the recipient signs on the mail receipt; If there is no receipt for the postal item, it shall be calculated from the date on which the recipient signs the receipt of delivery;

4) Where specific administrative acts are notified to the recipient in the form of a public announcement in accordance with law, it is calculated from the date on which the time limit provided for in the announcement expires;

5) Where an administrative organ fails to inform a citizen, legal person, or other organization when taking a specific administrative act, and then gives a supplementary notification, it is to be calculated from the date on which the citizen, legal person, or other organization receives the notice of the administrative organ's supplemental notification;

6) Where the respondent can prove that a citizen, legal person or other organization was aware of a specific administrative act, it shall be calculated from the date on which the evidence proves that it was aware of the specific administrative act.

3. Definition of the statute of limitations.

1. The legal system in which the right holder loses the right to win the lawsuit if he does not exercise his rights within the statutory period.

2. The exclusion period refers to the legal duration of the right. The legal consequence of the exclusion period is the extinction of the right. The exclusion period is unchanged, and there is no suspension, interruption, or extension.

3. The statute of limitations mainly applies to claims of various property natures. Where state property that is not authorized to be operated or managed by citizens or legal persons is infringed upon, the statute of limitations period is not to be applied. Where laws and regulations have special provisions on the time for claims and the time for raising objections to product quality, follow those provisions.

[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 the person 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.

Legal analysis: If a party is dissatisfied with the administrative reconsideration made by the administrative organ, it may file a lawsuit with the people's court within 15 days from the date of receipt of the reconsideration decision.

Legal basis: Administrative Litigation Law of the People's Republic of China Article 46: Where citizens, legal persons, or other organizations directly initiate litigation with the People's Court, they shall raise a complaint 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.

Administrative Reconsideration Law of the People's Republic of China Article 9 Where a citizen, legal person or other organization believes that a specific administrative act infringes upon its lawful rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act, unless the application period prescribed by law exceeds 60 days.

The time limit for criminal reconsideration is generally 30 days, but if there are special circumstances, the case is major or complicated, it may be extended with the approval of the responsible person for the criminal reconsideration or review body, but the extension must not exceed 30 days, and the applicant is to be informed in writing.

Article 112 of the Criminal Reform Procedure Law: People's courts, people's procuratorates, or public security organs shall promptly conduct a review of materials for reporting, accusations, reports, and voluntary surrender in accordance with the scope of their jurisdiction, and when they find that there are facts of a crime that need to be pursued for criminal responsibility, they shall file a case; When it is found that there are no facts of a crime, or that the facts of the crime are significantly minor, and it is not necessary to pursue criminal responsibility, the case is not to be filed, and the accuser is to be notified of the reasons for not filing the case. If the accuser is not satisfied, he may apply for reconsideration.

At present, China's Civil Procedure Law only stipulates that rulings made by the people's courts may be reconsidered, but there is no time limit for reconsideration.

Where a party is dissatisfied with a ruling on property preservation or prior enforcement, it may apply for a reconsideration once. A written decision shall be used for fines and detention. Those who are dissatisfied with the decision may apply to the people's court at the level above for a reconsideration.

1. The legal documents that have taken effect and implemented have been in a state of pending validity, affecting the authority of the law. Although the Civil Procedure Law clearly states that enforcement will not be suspended during the reconsideration period, the parties can apply for reconsideration at any time, so that the effective legal documents are between maintenance and revocation, and if they are revoked, and due to the long delay in time, the consequences will inevitably be more serious.

2. It is easy to cause the parties to evade the law and evade legal responsibility. The reconsideration of property preservation in judicial practice has fully exposed this problem. In order to ensure the smooth enforcement of effective legal documents, the plaintiff applied to the people's court for property preservation, but the party who was taken to take property preservation measures objected but did not apply for reconsideration for a long time, and often applied for reconsideration only after the case entered the enforcement procedure.

3. It is easy to lead to pestering and pestering parties, resulting in social instability. Due to the lack of restrictions on the time limit for applying for reconsideration, the parties can apply when they want, which is extremely arbitrary, which can easily lead to pestering and pestering the parties, resulting in social instability.

4. It is inconsistent with the stability requirements of the Lu Qi Law and the spirit of judicial efficiency, and also shows the defects of legislative technology.

In summary, the Civil Procedure Law shall specify the time limit for applying for reconsideration. It shall be scientifically clarified in accordance with the relevant provisions of the "Administrative Reconsideration Law", in conjunction with the provisions of the Civil Procedure Law on the time limit for appeals against judgments and rulings, and in conjunction with the specific measures for property preservation, prior enforcement, fines, and detention.

Article 9 of the Administrative Reconsideration Law of the People's Republic of China stipulates that if a citizen, legal person or other organization believes that a specific administrative act infringes upon its legitimate rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days. Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

At present, China's law only stipulates that rulings made by the people's courts can be reconsidered, and there are no clear provisions on the time limit for reconsideration for the time being. After the people's court has made a ruling, if the parties have objections to the court's ruling, they may apply for reconsideration as soon as possible to ensure that their rights are protected.