The limitation of prosecution is two years. If no illegal acts are found within two years, no administrative punishment will be given. The time limit is calculated from the date of the illegal act; If the illegal act has a continuous or continuous state, it shall be counted from the date when the act ends. The limitation of prosecution is divided into the period of direct prosecution and the period of prosecution against administrative reconsideration.
Direct prosecution period
(1) The parties shall bring a lawsuit within 3 months from the date when they know that the administrative organ has taken a specific administrative act, unless it is otherwise provided by law.
(2) If a party applies to an administrative organ to perform its statutory duties, and the administrative organ fails to perform it within 60 days from the date of receiving the application, the party may bring a lawsuit to the court; However, in case of emergency, if the administrative organ is requested to perform the statutory duty of protecting its personal rights and property rights, and the administrative organ fails to perform it, the time limit for the parties to file a lawsuit is not limited to 60 days.
(3) When an administrative organ makes a specific administrative act, it fails to produce or serve legal documents, and the party concerned refuses to bring a lawsuit to the court. As long as the existence of the specific administrative act can be proved, the court shall accept it.
(4) When an administrative organ makes a specific administrative act, it fails to inform the party concerned of the right of action or the time limit for prosecution, and the time limit for prosecution shall be counted from the date when the party concerned knows or should know the right of action or the time limit for prosecution, but the longest time shall not exceed 2 years from the date when he knows or should know the content of the specific administrative act.
(5) If a party does not know the contents of a specific administrative act made by an administrative organ, the time limit for prosecution shall be counted from the day when he knows or should know the contents of the specific administrative act. If a specific administrative act involving real estate has been made for more than 20 years, and other specific administrative acts have been made for more than 5 years, the court will not accept it.
(6) If the time limit for prosecution is exceeded due to reasons not belonging to the parties themselves, the delayed time shall not be counted in the time limit for prosecution. If a lawsuit cannot be brought because of restriction of personal freedom, the time of restriction of personal freedom shall not be counted in the time limit for prosecution.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 102 of the Administrative Procedure Law of the People's Republic of China
When trying administrative cases, the people's courts shall collect litigation fees. The litigation costs shall be borne by the losing party, and both parties shall share the responsibilities. Specific measures for charging litigation fees shall be formulated separately.
Article 13 of the Measures for Payment of Litigation Fees
Pay 100 yuan for each trademark, patent and maritime administrative case; Other administrative cases each 50 yuan.