First of all, it should be clear that this clause stipulates the time limit for reconsideration by the reconsideration organ, which involves that the reconsideration organ refuses to accept the specific administrative act, and if the administrative reconsideration takes precedence, if the reconsideration organ does not make reconsideration within this time limit, then the applicant can bring a lawsuit to the court.
Second, there is no unified and complete administrative code in China's administrative law, which is scattered in various small laws and regulations. Therefore, some small laws may stipulate a specific issue for a longer or shorter time than that stipulated in Article 38 of the Administrative Procedure Law. Then this reconsideration period will be in accordance with the provisions of the small law, in fact, the special law takes precedence over the common law.
Attachment: Other circumstances and consequences stipulated by laws and regulations.
Special time limit: the time limit for prosecution prescribed by law. Where the law provides otherwise and is different from the general time limit, such provisions shall prevail.
Starting from the time limit for prosecution: the time limit for prosecution in administrative litigation shall be counted from the day when citizens, legal persons or other organizations know that the administrative organ has made a specific administrative act.
Special attention should be paid to the following special circumstances:
(1) If the administrative organ fails to inform the citizen, legal person or other organization of the right to appeal or the time limit for prosecution when it takes a specific administrative act, the time limit for prosecution shall be counted from the day when the citizen, legal person or other organization knows or should know the right to appeal or the time limit for prosecution. However, it shall not exceed 2 years from the date of knowing or should know the specific administrative act.
(2) If a citizen, legal person or other organization does not know the contents of a specific administrative act made by an administrative organ, the time limit for prosecution shall be counted from the day when he knows or should know the specific administrative act. The people's court shall not accept a specific administrative act involving real estate if it has been more than twenty years since it was made, and other specific administrative acts have been more than five years since it was made.
(3) When the administrative organ fails to perform its statutory duties, laws, regulations, rules and other normative documents have stipulated the time limit for the administrative organ to perform its statutory duties. If the administrative organ still fails to act at the expiration of the time limit, the time limit for prosecution shall be counted from the date of expiration. In the absence of relevant laws and regulations, citizens, legal persons or other organizations apply to administrative organs to perform their statutory duties. If the administrative organ fails to perform within 60 days from the date of receiving the application, a citizen, legal person or other organization shall bring a lawsuit to the people's court, which shall accept it. Citizens, legal persons or other organizations request administrative organs to perform their statutory duties to protect their personal rights and property rights in an emergency. If the administrative organs fail to perform their duties, the time limit for prosecution is not limited by the above provisions, and the parties concerned may immediately bring an administrative lawsuit.
Pay special attention to (3)