Time limit for administrative reconsideration and administrative litigation

The time limit for administrative reconsideration is 60 days, and the administrative lawsuit shall be filed within six months from the date of knowing or should know that the administrative act has been made. The specific provisions are as follows:

1, the time limit for administrative reconsideration is to apply for administrative reconsideration within 60 days from the date of knowing the specific administrative act; However, unless the application period prescribed by law exceeds 60 days;

2. The limitation of administrative litigation is six months. According to the law, if a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so 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.

Legal basis: Article 36 of the Administrative Punishment Law of the People's Republic of China.

If no illegal acts are found within two years, no administrative punishment will be given; Involving citizens' life, health and safety, financial security and harmful consequences, the above period is extended to five years. 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.

Article 59

When an administrative organ implements administrative punishment in accordance with the provisions of Article 57 of this Law, it shall make a written decision on administrative punishment. The written decision on administrative punishment shall specify the following items:

(1) The name and address of the party concerned;

(2) Facts and evidence in violation of laws, regulations and rules;

(three) the types and basis of administrative punishment;

(four) the way and time limit for the performance of administrative punishment;

(five) the way and time limit for applying for administrative reconsideration and bringing an administrative lawsuit;

(six) the name of the administrative organ that made the decision on administrative punishment and the date of making the decision.

The written decision on administrative punishment must be stamped with the seal of the administrative organ that made the decision on administrative punishment.