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【裁判要旨】在规划行政许可利害关系人起诉的案件中,对法律上的利害关系的判定,采取法律权利+相当因果关系的标准,未办理房屋权属登记但已入住的房屋买受人为规划行政许可行为的利害关系人。对于利害关系人的起诉期限问题,应综合最高人民法院《关于执行行政诉讼法若干问题的解释》第41条、第42条的规定进行判定。行政机关错误告知起诉期限的,告知期限长于法定期限时以告知期限确定起诉期限,告知期限短于法定起诉期限时以法定起诉期限确定起诉期限。
The purpose of the referee in the planning of administrative prosecution of interested parties in the case of prosecution, the legal interest in the judgment of the legal rights to take a fairly causal relationship between the standard, but did not apply for registration of housing ownership but have been admitted to the housing for the planning Interests in administrative licensing activities. As for the issue of the term of prosecution of the interested parties, the Supreme People’s Court should make a judgment based on the provisions of Article 41 and Article 42 of the Interpretations on Some Issues Concerning the Implementation of the Administrative Procedure Law. If the administrative organ wrongly notifies the time limit for the prosecution, the period of the notification is longer than the statutory time limit, the period of the prosecution is determined by the notification period, the period of the legal prosecution is shorter than the legal prosecution period, and the time limit for the prosecution is determined.