Analysis On The Administrative Public Interest Litigation Case Of Han Shizhong Tomb Cultural Relics Protection In Wuzhong District Of Suzhou City

Cultural relics are the accumulation of history,but they are also full of vitality and vitality.Protecting cultural relics is to protect the root of our nation and protect the spiritual home of Chinese people.Since the reform and opening up,people have been blindly pursuing economic benefits and carrying out economic construction,causing many problems of cultural relics destruction.The task of cultural relics protection is heavy.There are many problems,among which the administrative organs’ illegal acts or omissions of destroying cultural relics lack supervision and restraint,and the public interest in the protection of cultural relics has not been saved in time.After the Administrative Litigation Law established the administrative public interest litigation system in 2017,the scope of accepting cases of administrative public interest litigation is four types of cases plus "etc." At present,the procuratorial organs bring administrative public interest litigation mainly in the scope of these four cases,but they are also exploring new areas beyond the "equal." In the pilot work of procuratorates across the country in 2020,it is clear that the protection of cultural relics will be explored as a new field of administrative public interest litigation.Efforts will be made to handle many cases that have significant impact on administrative public interest litigation on the protection of cultural relics,create samples to better safeguard precious cultural relics resources and national social and puliblic interests.At present,although the procuratorial organs in China have not made explicit legal provisions,the administrative public interest litigation on the protection of cultural relics has become a new field of public interest litigation,which is included in the scope of cases such as "etc" in the fourth paragraph of Article 25 of the Administrative Procedure Law.Based on the case of "Han Shizhong Tomb in Wuzhong District of Suzhou City," this paper analyzes the relevant legal problems in the administrative public interest litigation of cultural relics protection,and studies the corresponding some suggestions for improvement.The body of this paper is divided into three parts.The first part is an overview of the point and the focus of controversy,which reviews the Wuzhong District Procuratorate v.Wuzhong District Cultural and Tourism Bureau and the direction of discussion during the trial.The second part mainly introduces the relevant theories of the administrative public interest litigation on the protection of cultural relics brought by the procuratorial organs,It introduces the existing legal problems according to the case analysis.The third part is based on the above proposed procuratorial organs to bring the cultural relic protection administrative public interest litigation specific suggestions.Specific improvement of the relevant legislation,litigation procedures,related supporting mechanisms of the procuratorial administrative public interest litigation of cultural relics protection..