Research On The Scope Of Accepting Cases In Administrative Public Interest Litigation

In 2017,China revised the administrative procedure law,which stipulates the administrative public interest litigation system,and regulates the scope of accepting cases from the aspects of the subject of prosecution,the sued behavior,the type of cases,etc.However,as a new legal system,the existing norms only involve one paragraph,with less content,strong principle and lack of operability.As a whole,the system design of administrative public interest litigation is built on the existing administrative litigation system.In terms of the scope of accepting cases,the existing system is very simple,which is inadequate in its standardization and expansion;In terms of the protection of public interest,under the background of the critical period of social transformation,the protection of public interest should go deep,and some public interests in areas with prominent contradictions need to be protected by the legal system.Therefore,it is necessary to make a systematic interpretation of the scope of accepting cases of administrative public interest litigation,make a deep analysis of the existing problems,and then optimize and perfect it,so as to build an administrative public interest litigation system that meets the needs of current social development and people’s expectations.Based on the understanding of the public interest,the scope of accepting cases and administrative behavior,this paper discusses the relevant theoretical and practical issues of the scope of accepting cases in administrative public interest litigation,summarizes the basic situation of administrative public interest litigation and the scope of accepting cases in foreign countries,summarizes the beneficial experience in foreign countries,and puts forward the optimization path of relevant issues in combination with the current actual situation in China.The main body of the paper is divided into five parts: The first part mainly explains the basic theory of the scope of accepting cases of administrative public interest litigation,which combs the theories related to the scope of accepting cases of administrative public interest litigation,including the theory of public interest,the scope of accepting cases and administrative behavior.The second part summarizes the system experience of foreign countries in the scope of administrative public interest litigation and accepting cases.The third part is the analysis of the scope of administrative public interest litigation and the dilemma of the system.The fourth part is to put forward the idea of optimizing and improving the scope of accepting cases of administrative public interest litigation,including giving citizens and social organizations the right of action on the subject of prosecution,choosing the standard of action as the premise of examination on the sued behavior,giving full play to the role of supplementary legislation of local laws and regulations on the type of cases,implementing the extended explanation to local laws and regulations,and actively expanding other fields The types of cases and the ways of expanding the sources of case information are adopted to improve the scope of accepting cases.The fifth part is the conclusion.On the basis of summarizing the whole paper,it briefly introduces other issues involved in the scope of administrative public interest litigation,such as the connection between pre litigation procedure and litigation,the determination of the responsibility of the sued subject,the choice of infringement standard,etc.,which provides the direction for the future research on the overall improvement of administrative public interest litigation system.