An Analysis Of Baishan City's Procuratorial Organs Bringing Administrative Incidental Civil Public Interest Litigation Cases

With the development of society and economy,areas involving public interest such as ecological environment and food safety are undergoing the double test of administrative agencies' illegal acts and omissions and civil subject's torts.The overlapping of administrative litigation,civil litigation and public interest litigation has become more prominent.At present,the disputes in the cross-handling of civil disputes and administrative disputes in the practical and theoretical circles have not been stopped by the promulgation of the "Administrative Procedure Law" and its judicial interpretation.In this context,administrative incidental civil litigation adds public interest Color will make the solution of the problem more confusing.my country's existing legal system lacks specific trial practices and norms on how to deal with administrative incidental civil public interest litigation,and cannot respond to the development of administrative incidental civil public interest litigation and provide it with a legitimate legal basis,resulting in difficulties in understanding and application in practice.The administrative incidental civil public interest litigation case filed by the People's Procuratorate of Baishan City,Jilin Province is a guiding case issued by the Supreme People's Procuratorate.Its application of law and system construction have great guiding significance for public interest litigation legislation and justice after the pilot.The full text takes "the first case of administrative incidental civil public interest litigation" as the starting point and end point,starting with the administrative behavior of the administrative agency to determine the nature and positioning,analyze the focus of the case,analyze the underlying legal theory,and the prerequisites required for this type of litigation,Pre-litigation procedures and the determination of responsibilities,and other issues are reviewedand sorted out one by one,and constructive opinions are put forward for dealing with the continuous emergence of administrative incidental civil public interest litigation and the establishment and improvement of China's legal system.