On The Supervision And Management Responsibilities In Administrative Public Interest Litigation

In the judicial practice of administrative public interest litigation cases,it should be the primary requirement to judge whether the administrative organ has the duty of supervision and management when the administrative organ does not perform the duty of supervision and management.Determining that the administrative organ has the duty of supervision and management can make the procuratorial organ choose the defendant to bring the lawsuit accurately,thus can realize the goal of recovering the public welfare loss and protecting the public interest more effectively.At the same time,only on the premise of making clear what kind of supervision and management duties the accused administrative organ has,can it further judge whether it has the possibility of performance and the effect of performance.In order to determine whether the accused administrative organ has fulfilled its statutory duties,whether its inaction is illegal,and whether it is necessary to order performance.Therefore,this article sorted out the cases with supervision and management responsibilities as the focus of controversy in the judicial judgment,according to the two steps of the judgment supervision and management responsibilities,that is,the first step is to judge whether the administrative organ has the qualification of the defendant,the second step judges the specific responsibilities that the administrative organ should have,and shows the judgment ideas of the court.According to case analysis,the main differences in the identification of supervision and management responsibilities in the judicial judgment are: First,there are three situations of the basis of the administrative organs,leading to different results of the qualification of the defendant;Second,there are three legal criteria for the performance,leading to different results of the specific supervision and management responsibilities.According to the combing and integration of the case can know,in the defendant qualification and specific responsibilities of different ideas will lead to the defendant,performance content is inconsistent,further lead to the judgment of supervision and management responsibilities,make the application of the administrative public interest litigation,let the administrative organs in administrative authority or wrong double dilemma,resulting in public interest litigants selective litigation,administrative public interest litigation system can not be realized.After further analysis of the different ideas and possible problems of the court in the judgment,the general rules existing in the court in the judgment of the defendant qualification of supervision and management duty in the administrative public interest litigation cases are summarized.In determining the qualifications of the defendant,the court shall carefully apply and examine the administrative normative documents,and continue to follow the applicable organizational norms and the existing rules according to the norms,and for other sources of supervision and management duties,Administrative organs shall be bound only by prior acts and administrative contracts.At the same time,the court should follow the rank of the law interpretation method when judging the content of the administrative organ performing its duty,and make a further judgment in combination with the administrative law enforcement power of the administrative organ to determine which duty it belongs to.More importantly,the court should consider the institutional purpose of administrative public interest litigation.