Research On Preventive Administrative Public Interest Litigation

As an important judicial system for public welfare protection and administrative supervision,administrative public interest litigation has attracted great attention from administrative law circles and judicial practice departments in recent years.Since the 2017 revision of the Administrative Litigation Law and the revision of the Organization Law of the People's Procuratorate in 18,the revision of the Prosecutor Law in 19 and related regulations,and the Supreme People's Court and the Supreme People's Procuratorate on several issues concerning the application of law in prosecuting public interest litigation cases Since the promulgation of judicial interpretations such as the Interpretation,administrative public interest litigation has developed significantly in my country's judicial practice.However,more and more judicial practice shows that it is difficult to avoid all losses of public interest in the mode of after-event relief.In fact,most public welfare damages have already been revealed before the accident.The social background of risks such as the prevention and control of new crown pneumonia epidemic,food safety accidents,and ecological damage rescue requires us to move the barrier forward and put the embankment in front.Combining with the goal of safeguarding national interest and social public interest contained in the administrative public interest litigation system itself,exploring the preventive connotation of public interest damage in the system,this article takes preventive administrative public interest litigation as the research object,hoping to be based on theoretical and practical research Put forward some reasonable ideas.This article will explain the value of administrative public interest litigation from the perspective of preventive judicial function,examine and analyze relevant judicial theories and experiences outside the territory,review the lack of relevant systems in our country,and propose ways to construct relevant systems in our country.In the first part,this article intends to examine the preventive function of the administrative public interest litigation system as it is and what it should be,so that after clarifying its social and legal basis,the preliminary idea of the preventive function of administrative public interest litigation is given.The second part conducts empirical research on the current administrative public interest litigation practice cases,explores its connotation of preventive litigation exploration,and verifies whether the first part of the preventive function of the first part is correct in the space assumption,and summarizes the preventive function of my country's administrative public interest litigation.Defects and deficiencies in play.The third part,after investigating the preventive public interest litigation system and practice outside the territory,compares the domestic and foreign systems and practices.The fourth part,on the basis of absorbing foreign experience,puts forward suggestions for improving the preventive function of administrative public interest litigation from two levels of system construction and practical application,with a view to improving my country's administrative public interest litigation and the protection system of national and social public interests.Improvement and development are beneficial.