Improvement Of Litigation Request In Administrative Public Interest Litigation

In China,administrative public interest litigation,as a new type of litigation mode,is accompanied by a new round of judicial reform.On June 27,2017,The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China proposed to "explore the establishment of a public interest litigation system for procuratorial organs".China formally established a system for public interest litigation by procuratorial organs by amending the Administrative Procedure Law.However,in China,the administrative public interest litigation system still has some shortcomings due to its short development time.At present,the academic community is mainly concerned about the sources of procuratorial organs,the qualifications and role of the plaintiff,and the burden of proof.Research on public interest litigation is lacking.This will make the requirements and application of administrative public interest litigation unscientific and unreasonable,and then lead to the omission of protection of public interests.This paper summarizes the relevant types of litigation requests and empirical cases,summarizes the types of administrative public interest litigation requests,discovers the problems in litigation requests,and proposes that the establishment of administrative public interest litigation requests should be directed from the purpose of each type of litigation request.The pertinent relationship between the request and the illegal administrative act,the suitability of the litigation request and the type of court ruling were taken into consideration,so as to propose suggestions for improving the litigation request.It is believed that the litigation request should be added together,the "specificity" requirement of the litigation request should be increased,and prohibition Withdrawal of the request for litigation and a clear confirmation that the request can be filed at the same time as the performance request.The first chapter introduces the key concepts involved in administrative public interest litigation requests and the relevant current legal provisions.Obviously,administrative public interest litigation’s prosecution subject is the procuratorial organ,and it is the only.The main function is to protect public interests on the one hand,and to urge the administrative organs to perform their duties according to law.The litigation request will be of great value for protecting the public interest,urging administrative agencies to perform their duties,creating a good trial environment,and helping the court to accurately judge cases.The second chapter is the introduction of litigation request in judicial practice.Through the analysis and summary of the litigation request model in the case,the paper summarizes two types of single public interest litigation request and compound public interest litigation request.On the one hand,from the four major cases of administrative public interest litigation,including ecological environment and resource protection cases,state-owned property protection cases,state-owned land use rights transfer cases,food and drug safety cases,the specific circumstances of each type of case litigation request are introduced,and summarized.On the other hand,from the illegality of administrative actions,the author analyzes the influence of different illegal administrative actions on the type selection of public security litigation requests.The third chapter puts forward four problems of the administrative public interest litigation request.First of all,there is no provision in the it to file a lawsuit request for review,re-doing administrative actions,ordering remedial measures,and performing by the defendant.Secondly,the litigation request should be specific and accurate,but in practice,the litigation request is too general and vague,which indicates that the current requirements for litigation requests are not standardized and the requirements are not clear,and further need to be further refined and standardized.Thirdly,in practice,it is confirmed that the illegal request and the performance request coexist in most cases,but the issue is still controversial.Finally,in some cases,the procuratorial organs finally chose to close the case by withdrawing the prosecution,which not only ignored the illegality of the previous administrative actions,but also was not conducive to the continued follow-up of the protection of the public interest in the later period.The fourth chapter is the suggestions for improvement based on the factors that should be considered in the establishment request.First of all,it is necessary to establish the factors that should be considered when filing a litigation request,including the choice of the type of litigation request,the targeting of illegal administrative acts,and the appropriate reference to the general administrative litigation rules.Targeted adjustment of existing administrative public interest litigation requests.Secondly,the lawsuit request should be standardized into specific legal provisions,including meticulous refinement of existing provisions,adding cases where prosecution can be instituted at the same time,and repealing relevant provisions for withdrawal of prosecution.Finally,it is emphasized that administrative public interest litigation requests should be more precise.Taking the two types of illegal administrative acts,such as direct damages by administrative agencies and administrative inactions,as examples,try to discuss how to be precise in litigation requests.Common administrative agencies make explanations on behalf of fulfilling litigation requests,and discuss how such litigation requests are used in practice.