行政诉讼起诉期限立法制度研究
发布时间：2018-10-09 10:07
【摘要】：行政诉讼起诉期限是指相对人能够向法院对行政行为提起行政诉讼的法定期限，没有法定理由超过这一期限起诉的，相对人将丧失诉权。由此可见，起诉期限制度关系到行政相对人权益的实现，，在行政诉讼程序中具有重要地位。当然，起诉期限还关系到行政法律秩序的稳定，行政机关管理公共事务要遵守及时高效的原则，以便维护稳定的社会秩序。但是，目前我国的行政诉讼起诉期限制度在立法上还存在着许多问题，例如起诉期限的法律规定内容不明确、单行法规定的起诉期限与复议申请期限之间存在冲突、违法法律保留等。立法中存在的这许多问题也导致了司法实践举步维艰。由此可见，对起诉期限立法制度进行研究极具重要意义。本文拟对起诉期限制度进行系统的梳理，分析起诉期限的基本理论，探讨起诉期限的理论基础和现实依据,并在分析我国起诉期限立法制度的现状和缺陷、借鉴域外起诉期限立法的经验的基础上，根据我国的实际情况，提出完善我国起诉期限立法制度的建议。 全文共分为三部分：序论、正文、结语。 序论部分阐述了我国行政诉讼起诉期限立法制度的现状和问题，论述了对起诉期限立法问题进行研究的意义。 正文共分为五章，第一章对起诉期限的基本概念和特征等基础问题进行了探讨，对起诉期限的三要素进行了系统分析。第二章对起诉期限立法制度的理论基础和现实依据进行了探讨，对权利救济理论、行政行为确定力原理和法的安定性理论进行了系统分析，阐述了起诉期限及时追诉违法行政行为、及时稳定社会秩序和提高诉讼效益的现实依据。第三章对起诉期限立法的现状和缺陷进行了探讨，系统分析了我国法律、司法解释和单行法律中起诉期限的规定，并总结了我国起诉期限立法中存在的问题和原因。第四章借鉴英美法系和大陆法系主要国家及我国台湾地区的起诉期限立法制度的经验，结合我国国情，在第五章探讨了适合我国行政诉讼起诉期限的立法模式和立法原则，并提出了几点具体的建议。 结语部分总结了起诉期限的研究现状和深远意义，在我国依法治国的理念中，对起诉期限立法制度的完善寄予厚望。
[Abstract]:The term of administrative suit refers to the legal period within which the relative party can bring administrative action to the court. If there is no legal reason for suing beyond this time limit, the relative person will lose his right of action. It can be seen from this that the system of suing term relates to the realization of the rights and interests of the administrative counterpart and plays an important role in the administrative procedure. Of course, the period of prosecution is also related to the stability of the administrative legal order, the administrative organs should abide by the principle of timely and efficient management of public affairs, in order to maintain a stable social order. However, at present, there are still many problems in the legal system of administrative litigation in our country. For example, the legal provisions of the term of prosecution are not clear, and there is a conflict between the time limit for prosecution and the time limit for application for reconsideration. Illegal legal reservation, etc. The existence of many problems in the legislation also led to difficulties in judicial practice. Thus, it is of great significance to study the legislative system of prosecution period. This paper intends to make a systematic analysis of the prosecution deadline system, analyzes the basic theory of the prosecution deadline, probes into the theoretical basis and practical basis of the prosecution deadline, and analyzes the present situation and defects of the legislative system of the prosecution deadline in our country. Based on the experience of legislation on the limitation of prosecution abroad and according to the actual situation of our country, this paper puts forward some suggestions on how to perfect the legislative system of the period of prosecution in our country. The full text is divided into three parts: preface, text and conclusion. In the part of preface, the author expounds the present situation and problems of the legislative system of the term of prosecution in administrative litigation in our country, and discusses the significance of the research on the legislative issue of the term of prosecution. The text is divided into five chapters. The first chapter discusses the basic concepts and characteristics of the period of prosecution, and makes a systematic analysis of the three elements of the period of prosecution. The second chapter discusses the theoretical basis and practical basis of the legislative system of the period of prosecution, and makes a systematic analysis of the theory of right relief, the principle of determination of administrative action and the theory of stability of law. This paper expounds the realistic basis for the prompt prosecution of illegal administrative acts, the timely stabilization of social order and the improvement of the benefit of litigation. The third chapter discusses the current situation and defects of the legislation on the duration of prosecution, systematically analyzes the provisions of the period of prosecution in our country's law, judicial interpretation and separate law, and summarizes the problems and reasons in the legislation of the period of prosecution in our country. The fourth chapter draws lessons from the experience of the main countries of the common law system and the continental law system and the Taiwan area of our country, combining with the national conditions of our country, discusses the legislative model and the legislative principle suitable for the period of the administrative litigation in our country in the fifth chapter. Some concrete suggestions are put forward. The conclusion part summarizes the current situation and far-reaching significance of the study on the term of prosecution. In the concept of running the country according to law, the author places great hopes on the perfection of the legislative system of the period of prosecution.
【学位授予单位】：广西民族大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.3
本文编号：2258944
[Abstract]:The term of administrative suit refers to the legal period within which the relative party can bring administrative action to the court. If there is no legal reason for suing beyond this time limit, the relative person will lose his right of action. It can be seen from this that the system of suing term relates to the realization of the rights and interests of the administrative counterpart and plays an important role in the administrative procedure. Of course, the period of prosecution is also related to the stability of the administrative legal order, the administrative organs should abide by the principle of timely and efficient management of public affairs, in order to maintain a stable social order. However, at present, there are still many problems in the legal system of administrative litigation in our country. For example, the legal provisions of the term of prosecution are not clear, and there is a conflict between the time limit for prosecution and the time limit for application for reconsideration. Illegal legal reservation, etc. The existence of many problems in the legislation also led to difficulties in judicial practice. Thus, it is of great significance to study the legislative system of prosecution period. This paper intends to make a systematic analysis of the prosecution deadline system, analyzes the basic theory of the prosecution deadline, probes into the theoretical basis and practical basis of the prosecution deadline, and analyzes the present situation and defects of the legislative system of the prosecution deadline in our country. Based on the experience of legislation on the limitation of prosecution abroad and according to the actual situation of our country, this paper puts forward some suggestions on how to perfect the legislative system of the period of prosecution in our country. The full text is divided into three parts: preface, text and conclusion. In the part of preface, the author expounds the present situation and problems of the legislative system of the term of prosecution in administrative litigation in our country, and discusses the significance of the research on the legislative issue of the term of prosecution. The text is divided into five chapters. The first chapter discusses the basic concepts and characteristics of the period of prosecution, and makes a systematic analysis of the three elements of the period of prosecution. The second chapter discusses the theoretical basis and practical basis of the legislative system of the period of prosecution, and makes a systematic analysis of the theory of right relief, the principle of determination of administrative action and the theory of stability of law. This paper expounds the realistic basis for the prompt prosecution of illegal administrative acts, the timely stabilization of social order and the improvement of the benefit of litigation. The third chapter discusses the current situation and defects of the legislation on the duration of prosecution, systematically analyzes the provisions of the period of prosecution in our country's law, judicial interpretation and separate law, and summarizes the problems and reasons in the legislation of the period of prosecution in our country. The fourth chapter draws lessons from the experience of the main countries of the common law system and the continental law system and the Taiwan area of our country, combining with the national conditions of our country, discusses the legislative model and the legislative principle suitable for the period of the administrative litigation in our country in the fifth chapter. Some concrete suggestions are put forward. The conclusion part summarizes the current situation and far-reaching significance of the study on the term of prosecution. In the concept of running the country according to law, the author places great hopes on the perfection of the legislative system of the period of prosecution.
【学位授予单位】：广西民族大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.3
【参考文献】
相关期刊论文 前10条
1 肖艳菲;伍兴龙;;论行政诉讼起诉期限[J];研究生法学;2006年05期
2 肖峰昌;;行政诉讼起诉期限若干问题辨析 以最高人民法院司法解释为视角[J];法律适用;2006年09期
3 窦家应;;行政诉讼起诉期限审查之检讨[J];法律适用;2007年10期
4 张弘;行政诉讼起诉期限研究[J];法学;2004年02期
5 林俊盛;;论行政诉讼起诉期限的适用范围——以行政诉讼类型化为视角[J];甘肃行政学院学报;2012年06期
6 武俊山;;有关行政诉讼起诉期限的几个问题[J];理论探索;2011年05期
7 谢尚果;;行政复议与行政诉讼衔接机制之反思与重构[J];河北法学;2013年02期
8 杨彬权;王周户;;域外行政诉讼起诉期限制度比较研究——兼论对我国行政诉讼起诉期限的修改与完善[J];河北法学;2014年04期
9 尤春媛,郭文清;我国行政诉讼时效制度存在的问题及对策研究[J];山西大学学报(哲学社会科学版);2005年05期
10 叶敏阳;;浅析行政诉讼起诉期限的理解与适用[J];陕西师范大学学报(哲学社会科学版);2009年S1期
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