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Reconstructing Time Bar of Administrative Procedure:Based on Comparing“Cause of Action”with“Classification of Administrative Procedure”
Pages: 55-61
Year: Issue:  4
Journal: Journal of Fujian School of Administration and Fujian Institute of Economics and Management

Keyword:  time bar of administrative procedurecause of actionclassificationadministrative procedure;
Abstract: Time bar of administrative procedure has double value of protecting the rights to appeal of the administrative counterpart and maintaining the administrative order .In the latest revision of The Administrative Litigation Law ,the time when the administrative act is done is taken as the starting point of the prosecution ,which is easier to grasp in judicial review ,but the standard ignores the administrative counterpart's cognition w hether his interests are violated ,and this cognition will greatly affect the administrative counterpart to exercise his rights to appeal . Therefore ,it is inevitable to weaken the right protection of the administrative counterpart in the maintenance of the administrative order . Based on comparing “Cause of Action” with “the classification of administrative procedure” , we should take the date of promulgation of administrative act or the date of the application as the starting point ,use rules of administrative proceedings classification on prosecution deadline for reference and perfect the system of administrative proceedings prosecution deadline in our country .
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