Analysis On Administrative Public Interest Litigation Cases Of Shuyang Agricultural Committee

After pilot practice,the administrative public interest litigation system was established by the amendment of the Administrative Procedure Law in 2017,which added the relevant provisions of the procuratorate to initiate administrative public interest litigation.Practical procedural acts related to administrative public interest litigation are also carried out with reference to the Administrative Procedure Law.Nevertheless,in practice,due to the lack of complete legal provisions to uniformly regulate them,it is more difficult to solve various complex problems in the practice of administrative public interest litigation.For example,some administrative public interest litigation cases will involve whether the same illegal act violates both the criminal law and the administrative legal norms should be combined with the application of penalties and administrative penalties.The current law on this issue has no clear provisions,resulting in the emergence of "punishment for punishment","repeated punishment" and "punishment for punishment" and other law enforcement disorders,and it is also easy.Increase the difficulty of defining whether administrative organs are lazy in performing their duties in administrative public interest litigation cases,thus affecting the trial and judgment of the whole administrative public interest litigation cases.Therefore,how to deal with the concurrence of penalties and administrative penalties in administrative public interest litigation and how to identify the administrative organs' negligence in performing their duties has become a practical problem.The administrative public interest litigation case of Shuyang County Agricultural Committee selected in this paper is a typical case of the above problems.In this paper,through the analysis of "Shuyang County Agricultural Committee as an administrative public interest litigation case",two controversial focuses in the trial process are summarized,and the legal analysis around the focus issues is carried out.Firstly,the author makes a theoretical analysis of the problem of the combination of penalty and administrative penalty,finds out the causes of the problem,and then,according to the theories and viewpoints of the theoretical circles,shows the standpoint of dealing with the problem of the combination of penalty and administrative penalty.Secondly,on the basis of considering that the case should be combined with the application of penalties and administrative penalties,the author summarizes and summarizes the identification criteria of administrative organs' negligence in performing their duties in administrative public interest litigation,finds out the causes of the current administrative organs' negligence in performing their duties and puts forward relevant solutions.