'Overdue application for administrative reconsideration',whose basic structure is'applying for an administrative reconsideration → receiving a decision not to accept or to reject an administrative reconsideration → filing an administrative lawsuit',acts as a concrete strategy for the party to seek practical rationality in administrative relief when the time limit for administrative reconsideration application and administrative litigation has both expired.To be specific,this practical rationality is manifested in two aspects.For one thing,it depends on the fairness and effectiveness of administrative litigation in solving disputes.For another thing,it is to evade the statutory time limit for prosecution of the original administrative acts by means of administrative reconsideration and then litigation.In judicial practice,the two schemes of'a ruling not to file the case'and'a judgment to dismiss the plaintiff's claims'are not the optimal solutions for dealing with'overdue application for administrative reconsideration'.Therefore,considering the deficiencies in the existing interpretative schemes,there is an urgent need for systematic countermeasures for'overdue application for administrative reconsideration'from the perspective of legislation.Specifically,within litigation,the general response can be optimized for'a ruling to dismiss the lawsuit'through the three-stage improvement of administrative litigation procedure and the construction of the review mechanism in the necessity of rights protection.Outside of litigation,the exceptional response can be supplemented by establishing reasonable and effective systems for reopening administrative procedures and for prosecuting and supervising illegal administrative acts.From this,the substantive settlement of relevant disputes can be promoted on the basis of ensuring the unity of universal justice and case-by-case justice.
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