论取消行政诉讼时效制度

On the Abolishment of Limitation of Action in Administrative Litigation

依法治国是社会主义法治理念的核心内容,依法行政是依法治国的重要内容。行政诉讼制度是依法行政的司法保障,但是我国的行政诉讼时效的制度安排不仅缺乏诉讼时效制度的法理基础,同时也有碍行政诉讼纠正违法行政行为这一立法初衷的实现。从弘扬法治理念,推进我国新时期法治有序建设出发,我国立法上宜取消行政诉讼时效制度。

Administration according to law is one of the most important elements of governing the country by law, which is the key part of the concept of rule of Limitation of actionin law. As the judicial protection for promoting law-based administration, the institutional arrangement of Limitation of action in administrative litigation not only lacks reasonable theory bases, but also impedes to correct illegal administrative acts in China. In order to promote the orderly construction of rule of law in the next stage, limitation of action in administrative litigation should be abolished.