Prosecution of illegal administrative acts for exceeding the prosecution deadline and lost

                        -- attorney Chen Jianliang 15300531077

[introduction] case

The plaintiff and the Shanghai Education Bureau of Putuo District City, Shanghai City Housing Office, Putuo District campus infrastructure management station signed the "purchase agreement". 2000 year in July 11th, the original Shanghai Putuo District Real Estate Management Bureau to the plaintiff issued No. 1535 "full funding for the purchase of residents with complete independence for the right to use the housing property right change notice", notice the plaintiff to pay repair fund, handle the alteration registration of property right. On 17 August, the plaintiff applies for the transfer of real estate registration. In September 21st the same year, the Shanghai Municipal Housing Authority land resources issued by the Shanghai real to the plaintiff to common words (2000) No. 30633rd of Shanghai City real estate, the real estate warrants indicate the real estate is located in the city of a road 1902 Lane 1, room 2302, the human rights of money, construction area of 86.33 square meters, building the nature of private housing reform began, without the word "warrants is recorded". In October 8th the same year, the plaintiff for the real estate warrants. In March 1, 2005, the plaintiff and the tube of an application with a husband and wife, the former Shanghai Municipal Housing Authority land resources issued by the Shanghai real 7 in the same month the general word (2005) No. 11083rd of Shanghai City real estate, and in March 8th the same year will be real estate warrants for cancellation. January 29, 2010, the plaintiff received (2010) Pu people three (min) at the beginning of the word no. fifty-fifth civil cases notice, Green Ya company to the plaintiff's houses belonging to the full funding for the purchase the right to use the housing change property, requires the plaintiff to pay the arrears in 2000 to 2009 the annual lift pumps operating costs. The plaintiff sued, the former Shanghai Municipal Housing Authority land resources to the plaintiff issued by the Shanghai real estate general word (2000) No. 30633rd of Shanghai City real estate, is a "full funding for the purchase of residents with complete independence for the property right to use the housing change" procedures (can not enjoy the relevant after sale public houses by the payment of property management fees preferential policies and treatment), the former Shanghai Municipal Housing Authority land resources administrative action the issuance of real estate is not in line with the prevailing policy "on further advancing the several provisions of the sale of public housing" (Shanghai government issued document No. [1999]44) of the relevant provisions, request the judgement confirmed the original Shanghai city housing management of Land Resources Bureau issued by the Shanghai Real Estate & make word (2000) illegal administrative act No. 30633rd of Shanghai City real estate, and by the defendant to bear costs.

The defendant argued that the plaintiff, the Shanghai government issued [1999]44, in this case does not apply. On the basis of the plaintiff and defendant issuing Putuo Education Bureau in June 10, 1998 signed the "purchase agreement" is not the sale of public housing contract, but residents the right to the use of full funding for the purchase of housing for the property right change. If after sale public houses by the real estate collateral, would be particularly marked "housing reform while".

The issuance of real estate management authority in the registration, is based on the "purchase agreement" to determine the nature of housing after the registration. In 2005 March, an application for tube increases to the right, Shanghai real estate general word (2000) No. 30633rd of Shanghai City real estate has been cancelled. Now the plaintiff has more than 2 years of prosecution deadline, dismissed the plaintiff's prosecution request.

[the court]

The plaintiff in October 8, 2000 to receive the Shanghai real estate general word (2000) 30633rd, Shanghai City real estate warrants that knows or ought to know the real estate of the content. A step back in 2005 March, the plaintiff applies for couples and name for Shanghai real estate general word (2005) No. 11083rd Shanghai City real estate warrants more no reason not to know the real estate of the content. The plaintiff in 2010 January that the real estate of the contents of the plea, lack of evidence, the court shall not be accepted. The plaintiff waited until 2010 to file an administrative lawsuit, he knows or should know that the content of specific administrative acts of the day has more than 2 years, therefore the plaintiff sues has exceeded the statutory prosecution deadline, do not meet the conditions of prosecution according to the administrative litigation. Accordingly, in accordance with the "Supreme People's Court on the implementation of 'of the people's Republic of China Administrative Procedure Law' interpretation of several issues" the first paragraph of article forty-first, article forty-fourth (six) the provisions of item, ruling dismissed the plaintiff money: a prosecution.

[] focus of

According to the provisions of the first paragraph "about some problems in the implementation of" the people's Republic of China Administrative Procedure Law > interpretation of "the forty-first Supreme People's court, the administrative organ that has made the specific administrative act, did not inform the citizens, legal persons or other organizations the right to appeal or the prosecution, prosecution deadline from the citizen, legal person or other organization knows or should know the right calculation or prosecution deadline date, but he knows or should know that the content of the specific administrative act within a period not exceeding 2 years, or face losing results.