Case Concerning Litigation Supervision of the Administrative Registration of X Villagers' Committee vs. the Real Estate Registration Center of X City in Heilongjiang Province
(SPP Guiding Case No. 206)
Key words
Supervision of final administrative judgments; Protection of legitimate expectations; Deduction of the time limit for filing a case; Administrative protest
Summary
In determining whether a case has been filed beyond the statutory time limit and whether any delay is attributable to circumstances beyond the party's control, full consideration shall be given to whether the administrative counterpart actively exercised its right to file a case and whether the delay in filing has a justifiable cause. Where a citizen, legal person, or other organization seeks to assert its rights through an application for administrative reconsideration, and the administrative authority undertakes to make a self-correction, the period during which the citizen, legal person, or organization awaits the administrative authority's self-correction shall be regarded as a "delay in filing a case not attributable to the party" under Article 48 (1) of the Administrative Procedure Law of the People's Republic of China, and shall be deducted from the statutory time limit for filing a case.
Relevant provision
Article 48 (1) of the Administrative Procedure Law of the People's Republic of China
