A Study On The System Of Administrative Inaction Public Interest Litigation Brought By Procuratorial Organs

The fourth Plenary session of the 18 th CPC Central Committee proposed that the procuratorial organ as the main body of public interest litigation is a major breakthrough in the construction of public interest litigation system.In recent years,the people's awareness of the state property protection,food and drug safety,ecological environment and resources protection and other aspects of the national and social public interest protection gradually increased.Accordingly,the supervision and restriction mechanism of the executive power exercise in our country is not perfect,the administrative organ does not act,and the phenomenon of random action still occurs from time to time.The harm of administrative inaction in reality has strong concealment,which seriously infringes the national interest and the social public interest.Since July 2015,the procuratorial organs of our country have initiated the public interest litigation of the category of administrative inaction,which has experienced the process from the top-level design,the issuance of pilot measures to the revision of the two major procedural laws of civil and administrative,and then to the promulgation of judicial interpretations.Has issued a series of typical significance about the procuratorial organ to initiate the administrative inaction kind of public interest lawsuit normative document.As a result,procuratorial organs bring administrative public interest litigation,especially administrative inaction type public interest litigation into the full open lane.However,theprocuratorial organ to initiate administrative inaction type public interest litigation system itself is not fully mature.In general,the procuratorial organ is now initiating the administration in our country.The mode of administrative public interest litigation of omission type is still not perfect and perfect.Based on the value of the public interest litigation of administrative inaction filed by procuratorial organs in our country,this paper further generalizes the actual situation of the public interest litigation of administrative inaction in theory and judicial practice.Through the in-depth analysis of typical cases since the pilot work,it shows the real face of the public interest litigation work of administrative inaction in the judicial practice of our country at present,as well as the many shortcomings that need to be solved urgently.We use the epistemology from theory to practice,and then from practice to theory to examine these deficiencies and omissions,and briefly summarize these situations into four aspects: the criterion of inaction is difficult to grasp.Related responsibility subject is difficult Certain,the burden of proof provisions are not perfect,part of the administrative inaction of public interest litigation cases processing effect is not ideal.The focus of the article is on how to find the best solution or feasible suggestion for the deficiencies found in the judicial practice.Finally,the author advocates that the determination standard of the core element of administrative inaction should be clarified.To determine the subject of the responsibility of the relevant cases according to law,to scientifically perfect the provisions on the burden of proof in the public interest litigation of the categoryof administrative inaction,and to effectively optimize the effect of handling the cases,etc.Further enrichment and Innovation of Public interest Litigation system of Administrative Inaction filed by Procuratorial organs in China Take an exam.