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根据需要在法律中设立时效制度,是现代世界各国法律制度的通例。随着我国社会主义法律体系的逐步完善,在各法律(部门)、法规中相继建立起了具有中国特色的相应的时效制度,为提高社会主义法制效率,维系各类法律关系的稳定,促进经济、行政的快速、高效发展起着积极的推动作用。《中华人民共和国行政复议法》(以下称行政复议法)作为规范行政机关内部自我纠正错误的监督制度程序的重要法律也确立了其特有的时效制度。完整理解和把握其精神实质具有重要的理论和实践意义。一、“行政复议申请期限”就是时效行政复议法对行政复议申请的规定未用“时效”概念,而是使用了“申请期限”一词,但实质上“申请期限”就是“时效”。行政复议法第九条第一款规定:“公民、法人或者其他组织认为具体行政行为侵犯其合法权益的,可以自知道该具体行政行为之日起六十日内提出行政复议申请;但是法律规定的申请期限超过六十日的除外。”即公民、法人或者其他组织认为具体行政行为侵犯其合法权益的,应该向有
The establishment of a statute of limitations in law as required is a general rule of law in all countries in the modern world. With the gradual improvement of the socialist legal system in our country, we have successively established corresponding time-limitation systems with Chinese characteristics in various laws (departments) and laws and regulations. In order to improve the efficiency of the socialist legal system and to maintain the stability of various legal relations and to promote the economy , The rapid and efficient administration plays a positive role in promoting. The “Law of the People’s Republic of China on Administrative Reconsideration” (hereinafter referred to as the Administrative Reconsideration Law) has also established its own unique limitation of time as an important law that regulates the procedures for the supervision of self-correcting mistakes within the executive branch. The complete understanding and grasping of the spiritual essence has important theoretical and practical significance. First, the “deadline for application for administrative reconsideration” is the limitation. However, the administrative reconsideration law does not apply the concept of “limitation of limitation” to the application for administrative reconsideration. Instead, it uses the term “application term”, but essentially “ ”Is “ aging ”. Paragraph 1 of Article 9 of the Administrative Reconsideration Law stipulates that: “Citizens, legal persons or other organizations that claim that a specific administrative act violates their lawful rights and interests may file an application for administrative reconsideration within 60 days from the date of knowing the specific administrative act; however, the provisions of the law Of the application period of more than sixty days unless the ”That citizens, legal persons or other organizations that specific administrative acts of infringement of their legitimate rights and interests should be to