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The main time limits of the Administrative Licensing Law, the Punishment Law, the Compulsory Law, the Reconsideration Law, and the Litigation Law are stipulated

author:The AI ignores it

The Administrative Licensing Law, the Administrative Punishment Law, the Administrative Compulsion Law, the Administrative Reconsideration Law, the Administrative Litigation Law, and the State Compensation Law are the main time limits involved.

Administrative Licensing Law

General time limit: Except for those who can make an administrative licensing decision on the spot, the administrative organ shall make an administrative licensing decision within 20 days from the date of accepting the administrative licensing application. Where a decision cannot be made within 20 days, an extension of 10 days may be granted upon approval by the responsible person for that administrative organ.

Unified time limit for handling: If the administrative license is handled in a unified manner, jointly handled, or handled in a centralized manner, the time for handling shall not exceed 45 days; if it cannot be completed within 45 days, it may be extended by 15 days with the approval of the responsible person of the people's government at the same level.

Lower-level review: In accordance with the law, the administrative license shall be reviewed by the lower-level administrative organ before being reported to the higher-level administrative organ for decision, and the lower-level administrative organ shall complete the review within 20 days from the date on which it accepts the application for administrative licensing.

Issuance and service: When an administrative organ makes a decision to approve an administrative license, it shall, within 10 days from the date of making the decision, issue or serve the administrative license to the applicant, or affix a label or an inspection, testing, or quarantine seal.

Hearing: Where the applicant or interested party submits an application for a hearing within 5 days of being informed of their right to a hearing, the administrative organ shall organize a hearing within 20 days. The administrative organ shall notify the applicant and interested parties of the time and place of the hearing 7 days before the hearing, and make an announcement when necessary.

Continuation: If the licensee needs to extend the validity period of the administrative license obtained in accordance with the law, it shall submit an application to the administrative organ that made the administrative license decision 30 days before the expiration of the validity period of the administrative license.

Inspection, testing and quarantine: Administrative organs carrying out inspection, testing and quarantine shall appoint two or more staff members to conduct inspection, testing and quarantine in accordance with technical standards and specifications within five days from the date of acceptance of the application.

Administrative Punishment Law

Statute of limitations: If the illegal act is not discovered within two years, no administrative punishment shall be given, and if the life and health safety of citizens and financial security are involved and there are harmful consequences, the above period shall be extended to five years.

Time limit for handling cases: Administrative organs shall make an administrative punishment decision within 90 days of the date on which the administrative punishment case is filed.

Service: The administrative punishment decision shall be delivered to the parties on the spot after it is announced, and where the parties are not present, the administrative organ shall deliver the administrative punishment decision to the parties within 7 days.

Hearing: Where a party requests a hearing, it shall be submitted within 5 days of being notified by the administrative organ, and the administrative organ shall notify the parties and relevant personnel of the time and place of the hearing 7 days before the hearing;

Fines: The parties shall pay the fines to the designated bank or through the electronic payment system within 15 days of receiving the administrative penalty decision. Fines collected on the spot by law enforcement personnel shall be handed over to the administrative organ within 2 days of the date of collection of the fine; fines collected on the spot on the water shall be handed over to the administrative organ within 2 days from the date of arrival, and the administrative organ shall pay the fine to the designated bank within 2 days.

Administrative Coercion Act

Sealing or seizure: The period for sealing or seizure must not exceed 30 days;

Freezing: Where deposits or remittances are frozen in accordance with the provisions of law, the administrative organ that made the decision shall deliver the written freezing decision to the parties within three days. Within 30 days of freezing deposits or remittances, the administrative organs shall make a disposition decision or make a decision to lift the freeze; Where the situation is complicated, it may be extended with the approval of the responsible person for the administrative organ, but the extension period must not exceed 30 days. Except as otherwise provided by law.

Suspension of enforcement: Where there is no obvious harm to society, the parties are truly incapable of performing, and enforcement has not been resumed after three years of suspension, the administrative organs are not to enforce it again.

Imposition of additional fines or late fees: Where an administrative organ imposes an additional fine or late payment penalty for more than 30 days, and the party still fails to perform after being reminded, the administrative organ with the power of administrative compulsory enforcement may enforce it.

Application for compulsory enforcement: Where a party does not apply for administrative reconsideration or initiates an administrative lawsuit within the statutory time limit, and fails to perform the administrative decision, the administrative organ that does not have the power of administrative compulsory enforcement may apply to the people's court for compulsory enforcement in accordance with the provisions of this chapter within three months from the date of expiration of the time limit.

Court acceptance: The people's court shall accept an application for compulsory enforcement by an administrative organ within 5 days.

The court ruled that the people's court shall make an enforcement ruling within 7 days from the date of acceptance. Where problems are discovered, a ruling on whether or not to enforce shall be made within 30 days of acceptance. Where a ruling is made not to be enforced, the reasons shall be explained, and the ruling not to enforce shall be sent to the administrative organ within 5 days.

Reconsideration: Where an administrative organ has objections to a court's ruling not to accept or not to enforce it, it may apply to the people's court at the level above for reconsideration within 15 days of receiving the ruling, and the people's court at the level above shall make a ruling on whether or not to enforce it within 30 days of receiving the application for reconsideration.

Special circumstances: Due to the urgency of the situation, in order to ensure public safety, the administrative organ may apply to the people's court for immediate enforcement. With the approval of the president of the people's court, the people's court shall enforce it within 5 days of making the enforcement ruling.

Administrative Review Law

Application: Where a citizen, legal person or other organization believes that a specific administrative act infringes upon its lawful rights and interests, it may submit an application for administrative reconsideration within 60 days from the date on which it becomes aware of the specific administrative act, except where the time limit for application exceeds 60 days as prescribed by law. Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to be calculated from the date on which the obstacle is removed.

Acceptance:

Administrative reconsideration: After receiving an application for administrative reconsideration, an administrative reconsideration organ shall conduct an examination within five days.

Multiple Accepting Organs: Where an applicant applies for administrative reconsideration to two or more administrative organs with the right to accept the same matter, the administrative organ that first receives the application for administrative reconsideration shall accept it; if an application for administrative reconsideration is received at the same time, the administrative organ that receives the application for administrative reconsideration shall determine it through consultation within 10 days; if the consultation fails, the administrative organ at the next higher level shall designate the accepting organ within 10 days.

Supplementation and correction: If the materials of the administrative reconsideration application are incomplete or unclear, the administrative reconsideration organ may notify the applicant in writing to supplement and correct the application within 5 days from the date of receipt of the administrative reconsideration application.

Transfer: An application for administrative reconsideration accepted by another administrative reconsideration organ shall be forwarded to the relevant administrative reconsideration organ within seven days from the date of receipt of the administrative reconsideration application.

Initiating a lawsuit: A citizen, legal person or other organization may initiate an administrative lawsuit with the people's court within 15 days from the date of receipt of the decision not to accept the case or the date on which the administrative reconsideration period expires.

Delivery: The organ responsible for legal work of the administrative reconsideration organ shall, within seven days from the date of acceptance of the administrative reconsideration application, send a copy of the administrative reconsideration application or a copy of the administrative reconsideration application record to the respondent. The respondent shall, within 10 days from the date of receipt of a copy of the application or a copy of the application record, submit a written reply, and submit the evidence, basis and other relevant materials for the specific administrative act at the time of the application.

Examination of normative documents: (1) When applying for administrative reconsideration, the applicant submits an application for review of the relevant provisions listed in Article 7 of this Law, and the administrative reconsideration organ has the power to handle the provisions, it shall handle it according to law within 30 days; if it does not have the right to handle it, it shall transfer it to the administrative organ with the right to handle it according to law in accordance with legal procedures within 7 days, and the administrative organ with the right to handle it shall handle it according to law within 60 days. During the processing period, the review of specific administrative acts is suspended. (2) When examining a specific administrative act taken by the respondent, if the administrative reconsideration organ finds that the basis is unlawful, and the organ has the right to handle it, it shall handle it according to law within 30 days; if it does not have the right to handle it, it shall transfer it to the state organ that has the right to handle it according to law within 7 days in accordance with legal procedures. During the processing period, the review of specific administrative acts is suspended.

Correction: The relevant organ shall, within 60 days from the date of receipt of the administrative reconsideration opinion, notify the administrative reconsideration agency of the situation of correcting the relevant administrative illegal acts or doing a good job in dealing with the aftermath.

Decision: An administrative reconsideration organ shall make an administrative reconsideration decision within 60 days from the date of accepting the application, except where the time limit for administrative reconsideration prescribed by law is less than 60 days. If the situation is complicated and an administrative reconsideration decision cannot be made within the prescribed time limit, it may be appropriately extended with the approval of the responsible person of the administrative reconsideration organ and the applicant and the respondent shall be informed; however, the extension period shall not exceed 30 days.

Administrative Litigation Law

Post-reconsideration litigation: Where citizens, legal persons, or other organizations are dissatisfied with the reconsideration decision, they may file a lawsuit with the people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may file a lawsuit with the people's court within 15 days of the expiration of the reconsideration period.

Direct litigation: Where citizens, legal persons, or other organizations directly initiate litigation in the people's courts, they shall do so within six months from the date on which they knew or should have known that the administrative act had been taken. Where the time limit for initiating litigation is delayed due to force majeure or other reasons that are not one's own, the time delayed is not counted in the time limit for initiating litigation. Where litigation over immovable property is more than 20 years from the date of the administrative act, and more than 5 years from the date of the administrative act is filed in other cases, the people's court will not accept it.

Application for protection: (1) Where citizens, legal persons, or other organizations apply to an administrative organ to perform their legally-prescribed duties to protect their personal rights, property rights, or other lawful rights and interests, and the administrative organ fails to perform within two months of receiving the application, the citizen, legal person, or other organization may file a lawsuit in the people's court. Where laws and regulations have other provisions on the time limits for administrative organs to perform their duties, follow those provisions. (3) Where citizens, legal persons, or other organizations request that administrative organs perform legally-prescribed duties to protect their personal rights, property rights, or other lawful rights and interests in an emergency, and the administrative organs do not perform them, the time limits provided for in the preceding paragraph are not to be applied to initiating litigation.

Special circumstances: (1) Where citizens, legal persons, or other organizations delay the time limit for initiating litigation due to force majeure or other reasons that are not their own, the time delayed is not counted in the time limit for initiating litigation. Where citizens, legal persons, or other organizations delay the time limit for initiating litigation due to special circumstances other than those provided for in the preceding paragraph, they may apply for an extension of the time limit within 10 days of the obstacle being removed, and the people's court is to decide whether to approve it.

Case filing: Where it is not possible to determine whether the requirements for initiating litigation as provided for in this Law are met on the spot, the complaint shall be received, a written certificate indicating the date of receipt shall be issued, and a decision on whether to file the case shall be made within 7 days.

Sending: Where ordinary procedures are involved, the people's court shall send a copy of the complaint to the defendant within 5 days of filing the case. The defendant shall, within 15 days of receiving a copy of the complaint, submit to the people's court the evidence of the administrative act and the normative documents on which it is based, and submit a reply. The people's court shall send a copy of the reply to the plaintiff within 5 days of receiving the reply.

Reconciception: The people's court shall make a decision orally or in writing within three days on a party's application for recusal.

First-instance trial: The people's court shall make a first-instance judgment within six months of filing the case. Where there are special circumstances that require an extension, the High People's Court is to approve it, and where the High People's Court hears a first-instance case that needs an extension, the Supreme People's Court is to approve it. Administrative cases applying the simplified procedures shall be concluded within 45 days of filing the case.

Appeal: Where a party is dissatisfied with the first-instance judgment of the people's court, he or she has the right to appeal to the people's court at the level above within 15 days from the date of service of the judgment. Where parties are dissatisfied with the people's court's first-instance ruling, they have the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. (1) The original people's court shall send a copy of the appeal to the other parties within 5 days of receiving the appeal brief, and the opposing party shall submit a reply within 15 days of receiving a copy of the appeal brief. (2) The original people's court shall send a copy to the appellant within 5 days of receiving the reply. (3) The original people's court shall send it to the second-instance trial court within 5 days, together with all case files and evidence;

Second instance: The people's court hearing an appeal case shall make a final judgment within three months of receiving the appeal petition. Where there are special circumstances that require an extension, the High People's Court shall approve it, and where the High People's Court hears an appeal case and needs an extension, it shall be approved by the Supreme People's Court.

Retrial: Where a retrial case is tried in accordance with the first-instance trial procedures or the second-instance trial procedures, the trial time limits provided for in articles 81 and 88 of the Administrative Litigation Law apply. The time limit for trial is calculated from the day after the retrial is filed. In cases where the people's procuratorate raises a prosecutorial counter-appeal, when the people's court holds a retrial, it shall notify the people's procuratorate to appoint someone to appear in court three days before the trial begins. After the people's court receives a procuratorial recommendation for retrial, it shall conduct a review within three months.

Review of normative documents: Where a normative document is unlawful, the people's court may, within three months from the date on which the judgment takes effect, submit a judicial recommendation to the organ formulating the normative document to amend or repeal the normative document. The administrative organ receiving the judicial recommendation shall give a written reply within 60 days of receiving the judicial recommendation. Where the situation is urgent, the people's court may recommend that the drafting organ or the administrative organ at the level above immediately stop the enforcement of the normative document.

Enforcement: The time limit for applying for enforcement is two years. The relevant provisions of the law shall apply to the suspension or interruption of the statute of limitations. (1) Where an administrative organ that does not have the power of compulsory enforcement applies to the people's court to enforce its administrative act, it shall do so within three months from the date on which the statutory time limit for initiating litigation is completed. Where the application is overdue, the people's court will not accept it unless there is a legitimate reason. (2) Where, after an administrative organ has made a ruling on a civil dispute between equal subjects in accordance with the authorization of the law, the parties do not file a lawsuit and do not perform within the statutory time limit, and the administrative organ that made the ruling does not apply to the people's court for compulsory enforcement within the time limit for applying for enforcement, the rights holder or their heirs or successors as determined by the effective administrative ruling may apply to the people's court for compulsory enforcement within six months. Citizens, legal persons, or other organizations enjoying rights applying to the people's courts for compulsory enforcement of effective administrative rulings are to refer to the provisions on administrative organs applying to the people's courts for compulsory enforcement of administrative acts. (3) Where an administrative organ applies to a people's court for enforcement, the people's court shall file and accept the application within 5 days and notify the applicant of the application; (4) After a people's court accepts a case in which an administrative organ applies to enforce its administrative act, it shall, within 7 days, have the administrative tribunal conduct a review of the legality of the administrative act and make a ruling on whether to approve enforcement. Where a people's court discovers before making a ruling that an administrative act is clearly illegal and harms the lawful rights and interests of the person subject to enforcement, it shall hear the opinions of the person subject to enforcement and the administrative organ, and make a ruling on whether to approve enforcement within 30 days of accepting it.

Reconsideration: (1) Where an administrative organ has an objection to the ruling of inadmissibility and applies for reconsideration to the people's court at the level above within 15 days, the people's court at the level above shall make a ruling within 15 days of receiving the application for reconsideration. (2) Where an administrative organ has an objection to a ruling not to grant enforcement and applies for reconsideration to the people's court at the level above within 15 days, the people's court at the level above shall make a ruling within 30 days of receiving the application for reconsideration.

State Compensation Law

Acceptance: Where administrative compensation is involved, and the claimant submits the application in person, the organ with the obligation to compensate shall issue a written voucher on the spot with the special seal of the administrative organ and indicating the date of receipt. Where the application materials are incomplete, the organ with the obligation to compensate shall inform the claimant of all the contents that need to be supplemented and corrected on the spot or at one time within 5 days.

Decision: Where administrative compensation or judicial compensation is involved, the organ with the obligation to compensate shall make a decision on whether or not to compensate within two months from the date of receipt of the application.

Service: Where administrative compensation or judicial compensation is involved, (1) where the organ with the obligation to compensate decides on compensation, it shall draft a written compensation decision and deliver it to the claimant within 10 days from the date of making the decision. (2) Where the organ with the obligation to compensate decides not to make compensation, it shall notify the person requesting compensation in writing within 10 days of making the decision, and explain the reasons for not making compensation.

Initiation of litigation: Where administrative compensation is involved, (1) if the organ with the obligation to compensate fails to make a decision on whether or not to compensate within the prescribed time limit, the claimant may file a lawsuit with the people's court within three months from the date of expiration of the time limit. (2) Where the claimant for compensation has objections to the method, item, or amount of compensation, or if the organ with the obligation to compensate makes a decision not to make compensation, the claimant may file a lawsuit with the people's court within three months from the date on which the organ with the obligation to compensate makes the decision to make or not to compensate.

Application for reconsideration: Where judicial compensation is involved, (1) if the organ with the obligation to compensate does not make a decision on whether or not to make compensation within the prescribed time limit, the claimant may apply for reconsideration to the organ at the level above the organ with the obligation to compensate within 30 days from the date of expiration of the time limit. (2) Where the claimant for compensation has objections to the method, item, or amount of compensation, or if the organ with the obligation to compensate makes a decision not to make compensation, the claimant may apply for reconsideration to the organ at the level above the organ with the obligation to compensate within 30 days from the date on which the organ with the obligation to compensate makes the decision to compensate or not to make compensation.

People's Court Compensation Committee: Where judicial compensation is involved, (1) if the compensation claimant is not satisfied with the reconsideration decision, he or she may apply to the compensation committee of the people's court at the same level at the place where the reconsideration organ is located to make a compensation decision within 30 days from the date of receipt of the reconsideration decision. (2) Where the reconsideration organ fails to make a decision within the time limit, the person requesting compensation may apply to the compensation committee of the people's court at the same level for the location of the reconsideration organ to make a compensation decision within 30 days of the expiration of the time limit. (3) The compensation committee of the people's court shall make a decision within three months from the date of receipt of the application for compensation; Where it is a difficult, complex, or major case, it may be extended by three months with the approval of the president of that court.

Statute of limitations: The statute of limitations for a claimant to claim compensation from the State is two years. Where a request for compensation is submitted at the same time as an application for administrative reconsideration or an administrative lawsuit, the provisions of the Administrative Reconsideration Law and the Administrative Litigation Law on the statute of limitations apply.

Suspension: If the claimant is unable to exercise the right to claim compensation due to force majeure or other obstacles within the last six months of the limitation period for compensation, the limitation period is suspended. The limitation period for claims for compensation shall continue to run from the date on which the reasons for the suspension of the statute of limitations are eliminated.

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