Legal analysis
The time limit for prosecution is within 3 months from the date when a citizen, legal person or other organization knows or should know the right of action or the time limit for prosecution, but the administrative organ fails to inform the counterpart that it can bring a lawsuit to the court within 3 months, the time limit for prosecution is within 2 years from the date when the specific administrative act is known, otherwise the limitation of action expires. Where a citizen, legal person or other organization applies to an administrative organ for reconsideration, the reconsideration organ shall make a decision within two months from the date of receiving the application. Except as otherwise provided by laws and regulations. If the applicant refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within three months from the date of knowing that the specific administrative act has been taken. Except as otherwise provided by law. Citizens, legal persons or other organizations that delay the statutory time limit due to force majeure or other special circumstances may apply for an extension of the time limit within 10 days after the obstacle is removed, which shall be decided by the people's court. However, if any of the following specific administrative acts is under any of the following circumstances, it shall be revoked by ruling: the main facts are unclear and the evidence is insufficient; The application basis is wrong; Violation of legal procedures; Exceeding or abusing authority; The specific administrative act is obviously improper. If it is decided to revoke or confirm that a specific administrative act is illegal, the respondent may be ordered to make a new specific administrative act within a certain period of time. Therefore, public officials should adhere to the principle of fairness and justice, resolutely safeguard legal authority and ensure fairness and justice.
legal ground
Article 46 of the Administrative Procedure Law of the People's Republic of China, if a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law. The people's court shall not accept real estate lawsuits filed more than 20 years from the date of administrative acts, and other lawsuits filed more than 5 years from the date of administrative acts.