The Research Of Administrative Public Interest Litigation Of The Use Right Selling Of State-Owned Land

The use right selling of state-owned land is beneficial to the prosperity of Chinese real estate market and the realization of economic as well as social value of Chinese state-owned land. Because the subject of a contract of land access sell one's own city and county land administrative departments collect civil main body status and land resources administration main body status,which ultimately caused serious illegal phenomenon in the use right selling of state-owned land. For example, the selling fee of land use right is overdue, land use is changed without permission and selling fee of land use right is embezzled illegally; all these damaged national interest and land public benefits. National People's Congress Standing Committee held on July 2015 authorized the supreme people's procuratorate to execute, in the use right selling of state-owned land, fill a lawsuit against public administrative proceedings of the use right selling of state-owned land when some administrative organs exercised the power illegally or acted negatively with making inroads on national and social public benefits. The pilots of public administrative proceedings carried out by procuratorial organs at all levels and local courts successively also obtained certain achievements.In fact,in view of the field of state-owned land access sell one's own illegal phenomenon, taken many measures.However, the “Civil Procedural Law”, “Contract law” and other laws priority to private interest as the goal,and difficult to fully pay attention to the maintenance of the public interest. When the public interests suffer damage, the relief means and relief mechanism is not enough to cope with.Hence, in the field of land to establish administrative public interest litigation system is particularly urgent and important.According to the authorization of the Standing Committee of the National People,pilot by the procuratorial organs filed of the land administrative public welfare lawsuit has gradually spread throughout the country.Although in the pilot stage,the pilot units think that the work basis points is construction of system,and successively introduce the corresponding regulations.Look from the implementation, the pilot practice has obtained certain achievement in solving the behavior of changing land use illegally and overdue payment of land-transferring fees, it also exposed some problems such as unclear scope of accepting cases, narrow prosecutor subject range and strict limitations of subjects of prosecution. So,we need from two aspects of theory and system to build the administrative public interest litigation system of the state-owned land.At the concept level, we need to implement the protection of land resources, practice of judicial democracy, resolving the contradiction of land expropriation. In the aspect of concrete system, need to the determination of the scope of accepting cases, the expansion of the plaintiff's identity, the details of the prosecution conditions optimization, the division of the enforcement measures four key issues to be clear.