First, the significance of the limitation of prosecution
The prescription of administrative litigation is a basic principle in the administrative legal system, which embodies the timeliness and fairness of the law. By setting a reasonable limitation of prosecution, it can ensure that the administrative organs investigate and deal with illegal acts within an effective time, avoid the loss of evidence or the parties can't trace it because of too long time, and thus ensure the smooth progress of administrative law enforcement.
Second, the scope of application of the limitation of prosecution
The limitation of prosecution of administrative cases applies to all acts that violate administrative laws and regulations, including but not limited to illegal acts in the fields of administrative punishment, administrative coercion and administrative licensing. No matter individuals or units, as long as their actions violate administrative regulations, they should be bound by the limitation of prosecution.
Third, the calculation and interruption of the limitation of prosecution.
The limitation of prosecution of administrative cases is generally calculated from the date of the illegal act. However, in some cases, the limitation of prosecution may be interrupted for specific reasons, thus recalculating the limitation period. For example, if the administrative organ finds new evidence or the party voluntarily surrenders, it can interrupt the limitation of prosecution and recalculate.
Four. Exceptions to the limitation of prosecution
Although the limitation of prosecution in administrative cases is a basic principle, there are some exceptions. In some specific administrative cases, because it involves great social interests or national security, the law may stipulate that there is no statute of limitations. In this case, the administrative organ can investigate the illegal act at any time.
To sum up:
The limitation of prosecution of administrative cases is an important part of the administrative legal system, which ensures the timeliness and fairness of administrative law enforcement. By defining the scope of application, calculation methods and exceptions of the limitation of prosecution, we can ensure that administrative organs investigate and deal with illegal acts within an effective time and safeguard social order and public interests.
Legal basis:
Administrative Punishment Law of the People's Republic of China
Article 29 provides that:
If no illegal acts are found within two years, no administrative punishment will be given. Except as otherwise provided by law.
The time limit specified in the preceding paragraph shall be counted from the date when the illegal act occurs; If the illegal act has a continuous or continuous state, it shall be counted from the date when the act ends.
administrative procedure law of the people's republic of china
Article 46 provides that:
If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall bring a lawsuit 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.