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Determined to defend your rights but was told it was too late? The deadline for defending your rights has expired - Yingting Demolition Lawyer
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Article author：Yingting Lawyers Group | Update time：2019-08-08 | Reading times：413
As the legal proverb goes, the law does not protect those who sleep on their rights.
Many relocated households don’t quite understand this: What is a rights sleeper?
For example
When many demolished households consulted Yingting lawyers on land acquisition and demolition issues, they encountered a rather difficult situation - they suffered unfair treatment during the land acquisition and demolition process, and even had their houses demolished, but due to various reasons, they did not immediately take legal measures.Rights protectionMaybe you have been hesitating. Then, it dragged on for several years. When they finally made up their mind to use legal channels to seek help from lawyers, the answer they received was: "Sorry, it's too late!"
Some people are even confused at this moment: "It's late? We came to the law firm early in the morning, and you haven't gotten off work yet. Why are you late?"
In this situation, a hidden problem arises: many people ignore the appeal deadline!
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
1. What is the appeal deadline?
The appeal deadline is a unique principle of the Administrative Procedure Law. It is very similar to the statute of limitations in the Civil Procedure Law, but the appeal deadline is more stringent. In the Civil Procedure Law, the party can still appeal after the statute of limitations has expired, but the other party can argue that the statute of limitations has expired. However, in administrative litigation, once the appeal period has passed, the court will not accept the case. Perhaps after accepting the case, the court will find that the appeal period has passed and will directly reject the litigant's claim.
Laws governing housing, land expropriation andcompensationThe main body of the project can only be the government. Therefore, the lawsuit filed by the relocated households can only be an administrative lawsuit. When the evicted households believe that their legitimate rights and interests have been harmed, the law gives the evicted households the right to protect their legitimate rights and interests, but this right has a time limit for appeal. Once the appeal deadline has passed, the legal channels are basically announced.Rights protectionThis road is over. Not to mention being a lawyer at this time, even the gods are beyond their capabilities.
2. Several types of phenomena regarding appeal deadlines
The demolition actions mentioned in this article refer to various actions taken by the demolition party and the administrative agencies during the demolition process. The appeal period starts from the final demolition-related actions taken by the administrative agencies.
①General phenomenon
Article 46 of the Administrative Litigation Law stipulates that if citizens, legal persons or other organizations directly file a lawsuit with the People's Court, they must file it within six months from the date they knew or should have known that the administrative action was taken, unless there are other provisions in the law.
If after the demolition is carried out, the other party informs you of the appeal period, and you know that the demolition has already occurred, then the appeal period will be 6 months, and you must file a lawsuit with the court within these 6 months.
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
② Failure to notify the deadline for appeal
Article 64 of the "Explanations of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China" stipulates that if an administrative agency fails to inform citizens, legal persons or other organizations of the appeal deadline when taking administrative actions, the appeal deadline shall be calculated from the date when the citizens, legal persons or other organizations know or should know the appeal deadline, but the longest period from the date they know or should know the content of the administrative action shall not exceed one year.
If the other party did not inform you of the appeal period after the demolition was carried out, but you knew that the demolition had already occurred, then the appeal period would be calculated for 6 months from the time when the appeal was known. However, there is another restriction that needs to be noted, that is, no matter how you calculate it, it cannot exceed one year from the time you became aware of the demolition. That is the intersection part of the picture below.
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
③The phenomenon of not knowing the content of the behavior
Article 65 of the "Explanations of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China" stipulates that if a citizen, legal person or other organization does not know the content of the administrative action taken by the administrative agency, the appeal period shall be calculated from the date when the content of the administrative action is known or should be known, but the longest appeal period shall not exceed the appeal period stipulated in Article 46, paragraph 2, of the Administrative Litigation Law.
Article 46 of the Administrative Litigation Law stipulates that if a real estate lawsuit is filed more than twenty years from the date of the administrative act, and other cases filed more than five years from the date of the administrative act, the People's Court will not accept the case.
If you did not know about the demolition after it was committed, the appeal period is 6 months from the time you became aware of the demolition. But there is also a restriction at this time, that is, the time limit for real estate complaints cannot exceed 20 years, and other cases cannot exceed 5 years. That is the intersection part of the picture below.
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
Finally, please remember:
DemolitionRights protectionYou should do it as early as possible, and remember the deadline for appeal. If you hesitate again and again, you will be in a hurry. If you consult early, it will be clear.
Many relocated households don’t quite understand this: What is a rights sleeper?
For example
When many demolished households consulted Yingting lawyers on land acquisition and demolition issues, they encountered a rather difficult situation - they suffered unfair treatment during the land acquisition and demolition process, and even had their houses demolished, but due to various reasons, they did not immediately take legal measures.Rights protectionMaybe you have been hesitating. Then, it dragged on for several years. When they finally made up their mind to use legal channels to seek help from lawyers, the answer they received was: "Sorry, it's too late!"
Some people are even confused at this moment: "It's late? We came to the law firm early in the morning, and you haven't gotten off work yet. Why are you late?"
In this situation, a hidden problem arises: many people ignore the appeal deadline!
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
1. What is the appeal deadline?
The appeal deadline is a unique principle of the Administrative Procedure Law. It is very similar to the statute of limitations in the Civil Procedure Law, but the appeal deadline is more stringent. In the Civil Procedure Law, the party can still appeal after the statute of limitations has expired, but the other party can argue that the statute of limitations has expired. However, in administrative litigation, once the appeal period has passed, the court will not accept the case. Perhaps after accepting the case, the court will find that the appeal period has passed and will directly reject the litigant's claim.
Laws governing housing, land expropriation andcompensationThe main body of the project can only be the government. Therefore, the lawsuit filed by the relocated households can only be an administrative lawsuit. When the evicted households believe that their legitimate rights and interests have been harmed, the law gives the evicted households the right to protect their legitimate rights and interests, but this right has a time limit for appeal. Once the appeal deadline has passed, the legal channels are basically announced.Rights protectionThis road is over. Not to mention being a lawyer at this time, even the gods are beyond their capabilities.
2. Several types of phenomena regarding appeal deadlines
The demolition actions mentioned in this article refer to various actions taken by the demolition party and the administrative agencies during the demolition process. The appeal period starts from the final demolition-related actions taken by the administrative agencies.
①General phenomenon
Article 46 of the Administrative Litigation Law stipulates that if citizens, legal persons or other organizations directly file a lawsuit with the People's Court, they must file it within six months from the date they knew or should have known that the administrative action was taken, unless there are other provisions in the law.
If after the demolition is carried out, the other party informs you of the appeal period, and you know that the demolition has already occurred, then the appeal period will be 6 months, and you must file a lawsuit with the court within these 6 months.
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
② Failure to notify the deadline for appeal
Article 64 of the "Explanations of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China" stipulates that if an administrative agency fails to inform citizens, legal persons or other organizations of the appeal deadline when taking administrative actions, the appeal deadline shall be calculated from the date when the citizens, legal persons or other organizations know or should know the appeal deadline, but the longest period from the date they know or should know the content of the administrative action shall not exceed one year.
If the other party did not inform you of the appeal period after the demolition was carried out, but you knew that the demolition had already occurred, then the appeal period would be calculated for 6 months from the time when the appeal was known. However, there is another restriction that needs to be noted, that is, no matter how you calculate it, it cannot exceed one year from the time you became aware of the demolition. That is the intersection part of the picture below.
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
③The phenomenon of not knowing the content of the behavior
Article 65 of the "Explanations of the Supreme People's Court on the Application of the Administrative Litigation Law of the People's Republic of China" stipulates that if a citizen, legal person or other organization does not know the content of the administrative action taken by the administrative agency, the appeal period shall be calculated from the date when the content of the administrative action is known or should be known, but the longest appeal period shall not exceed the appeal period stipulated in Article 46, paragraph 2, of the Administrative Litigation Law.
Article 46 of the Administrative Litigation Law stipulates that if a real estate lawsuit is filed more than twenty years from the date of the administrative act, and other cases filed more than five years from the date of the administrative act, the People's Court will not accept the case.
If you did not know about the demolition after it was committed, the appeal period is 6 months from the time you became aware of the demolition. But there is also a restriction at this time, that is, the time limit for real estate complaints cannot exceed 20 years, and other cases cannot exceed 5 years. That is the intersection part of the picture below.
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
make up your mindRights protectionBut was told too late?Rights protectionThe deadline has passed
Finally, please remember:
DemolitionRights protectionYou should do it as early as possible, and remember the deadline for appeal. If you hesitate again and again, you will be in a hurry. If you consult early, it will be clear.
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