Relevant Legal Provisions On The Time Limit For Application For Enforcement

- Dec 17, 2018-

The time limit for applying for compulsory execution is the time period in which the administrative organ has the right to request the people's court to execute its administrative decision according to law. Article 53 of the Administrative Compulsory Law of the People's Republic of China stipulates that: "If a party does not apply for administrative reconsideration or bring an administrative lawsuit within the legal time limit and does not perform an administrative decision, an administrative organ without the power of administrative compulsory execution may apply to the People's Court for compulsory execution within three months from the date of expiration of the time limit, in accordance with the provisions of this chapter." The period of three months referred to in this article is the period of exclusion without suspension or interruption. The term of legal period referred to in this article refers to the time limit stipulated by law for parties to apply for administrative reconsideration or to institute administrative proceedings. In response, Article 39 of the Administrative Procedure Law of the People's Republic of China (hereinafter referred to as the "Administrative Procedure Law") stipulates that: "Citizens, legal persons or other organizations that directly bring a lawsuit to the people's court shall file a lawsuit within three months from the date they know they have made a specific administrative act. Except as otherwise provided by law." Article 9 of the Administrative Reconsideration Law of the People's Republic of China (hereinafter referred to as the Administrative Reconsideration Law) stipulates that: "Citizens, legal persons or other organizations may apply for administrative reconsideration within 60 days from the date they know the specific administrative act, unless the application period prescribed by law exceeds 60 days." Because the administrative procedure law and the administrative reconsideration law stipulate the exception of the time limit of litigation and the time limit of reconsideration, the inspection and quarantine law enforcement personnel have to combine the provisions of the relevant laws of inspection and quarantine when calculating the time limit of reconsideration or litigation. Article 29 of the Import and Export Commodity Inspection Law of the People's Republic of China (hereinafter referred to as the Commodity Inspection Law) stipulates that: "If the parties are not satisfied with the conclusion of reexamination made by the commodity inspection authorities or the State commodity inspection authorities or with the decision on punishment made by the commodity inspection authorities, they may apply for administrative reconsideration according to law, or they may bring a lawsuit to the people's court according to The Commodity Inspection Law does not specify the specific time limit for parties to apply for administrative reconsideration and initiate administrative litigation. Article 44 of the Law of the People's Republic of China on Entry and Exit Animal and Plant Quarantine (hereinafter referred to as the Law on Animal and Plant Quarantine) stipulates that: "If a party refuses to accept the punishment decision of the animal and plant quarantine organ, he may apply for reconsideration to the higher authorities of the organ that made the punishment decision within 15 days from the date of receiving the notification of punishment; the party may also apply for reconsideration 15 days from the date The case shall be brought directly in the People's Court within days. Article 21 of the Frontier Health and Quarantine Law of the People's Republic of China (hereinafter referred to as the Frontier Health and Quarantine Law) stipulates that: "If a party refuses to accept the decision of fines imposed by the frontier health and quarantine organ, he may bring a suit in the local people's court within 15 days from the date of receiving the notification. If the frontier health and quarantine organ fails to prosecute within the time limit and fails to perform the work, it may apply to the People's Court for compulsory execution." The Food Safety Law of the People's Republic of China (hereinafter referred to as the Food Safety Law) has no specific provisions on this content.

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