Study On Administrative Public Interest Litigation Of State-owned Land Use Right Transfer

State-owned land is a valuable resource of the state and an important means of production and livelihood for the socialist modernization drive.In recent years,as the real estate market continues to rise,state-owned land sales have become more frequent.However,in the process of transferring state-owned land,some problems have happened such as the loss of the transfer fee of state-owned land caused by the illegal use of authority or omission of the land management department,the illegal use and occupation of land by the users,and so on.In order to protect the country's public interests from losses,the state has included the granting of state-owned land use rights in administrative public interest litigation.On June 27,2017,the standing committee of the National People's Congress formally amended the administrative procedure law to include the granting of state-owned land as one of the four types of administrative public interest litigation.It has been two and a half years since its official implementation,during which time a large amount of land transfer fees have been recovered,a large number of land illegally occupied and used has been recovered,and effective protection and dynamic management have been carried out on state-owned land.But it is important to note that the transfer of state-owned land use right of our law is still not perfect,though law,but the lack of specific operation rules,there are many disputes in the process of practice,we need to find problems were summarized and the research,find out the reasonable Suggestions,to perfect the state-owned land administrative public welfare lawsuit do our little power.This paper is divided into four parts: the first part,state-owned land use right transfer administrative public interest litigation related concepts analysis.In this part mainly introduces the concept of administrative public interest litigation,the problems of state-owned land use right transfer,the transfer of state-owned land access the meaning of administrative public interest litigation,etc.,to our country state-owned land-use right now and put forward state-owned land-use right for reasons of publicinterest litigation system,system illustrates the concept,characteristics,advantages,can know the state-owned land administrative public welfare lawsuit is not born,is the result of the reversed transmission problem.The second part,the state-owned land administrative public welfare lawsuit system foundation,this part of the main theoretical basis,legislative basis for the system were analyzed,and focuses on the state-owned land use rights of public welfare and administrative public interest litigation protection before,Procuratorial organs of legal supervision and the relevant laws and regulations of the foundation.The third part,the state-owned land administrative public welfare lawsuit system of the judicial status quo analysis,this part is mainly about the system has achieved the affirmation and the analysis of the existence of problems,including the scope of accepting cases is limited,difficult to prosecute,distribution of burden of proof is not clear,Procuratorial organs evidence collection difficulty and spamming,Procuratorial suggestion of requirements,such as cases,and the reasons behind the problem of each paper.The fourth part,the state-owned land administrative public welfare lawsuit system of the optimization countermeasures and thinking,this part mainly perfect ten Suggestions,respectively is the procuratorial organ involvement in advance to the major state-owned land,strengthening and administrative department,the people's cooperation and cohesion,innovation,evidence collection methods,the introduction of the mode of administrative reconsideration,beyond the jurisdiction system,expand the scope of accepting cases,the plaintiff diversity and uniqueness,procuratorate to strengthen the case quality inspector,foreign administrative public interest litigation,and their three about the prosecution team construction,lost's procuratorate public interest litigation and administrative incidental civil public interest litigation,and thinking,By explaining the problem and putting forward the countermeasures,we can put forward more Suggestions to improve the system and contribute to the socialist rule of law.