Collaborative Mechanism For Procuratorial Administrative Public Interest Litigation Over The Transfer Of State-owned Land Use Rights

For state administrative organs of the land administrative public welfare lawsuit takes office have different standards and the responsibilities of the administrative organs within the boundary is not clear,generalization and the claims of the examination Suggestions of composite,right of investigation to verify operation is not standard,the problem such as court judgments are fuzzy,procuratorial coordination mechanism is required above.Through the theory of synergy advantage,administrative relief over judicial relief,the coupling development of administrative procuratorial work and government ruled by law,and the theory of legal supervision,the procuratorial synergy mechanism with publicity,cross-departmental,interactive,formal and procuratorial organs as the perspective is put forward.Under the administrative public welfare lawsuit procuratorial synergy engine horizon,with Xi Jinping,the rule of law thoughts lead work high quality development as the motive of political science and law,the role of the procuratorial organ adjustment,the structure arrangement,the balance of power balance,national interests and the interests of a third person,guide the whole society to form powerful synergy together to form effective participation of public spirit,To improve the legal and technical professional ability and guide the whole society to form the public spirit to improve the ability of coordination as the engine of coordination,focus on the construction of internal coordination and external coordination with the prosecution as the center of coordination mechanism.Creative outstanding ideological consensus in the important role of synergy mechanism,the structural arrangement of creatively put forward "set emissions standards in the criterion of punitive damages",and discussed from the aspects of national interests and the interests of the third balance "state-owned land use right transfer agreement belongs to administrative agreement,and on the law applicable to the administrative legal norms,with respect to If there are only provisions of principle that cannot be applied to the case,or there are no relevant provisions,the applicable law can be found from civil legal norms or other relevant legal norms.In the construction of administrative public welfare lawsuit procuratorial synergy mechanism path,together with the administrative public interest litigation proceedings as the carrier,to improve procuratorial suggestion rigid before litigation procedures,through the procuratorial organs with the relevant administrative organs connected between a neutral third party platform,implement the administrative public prosecution before litigation procedure justice,make public interest litigation right theory in stages,This makes it clear that the procuratorial organ is the legal supervision organ before the lawsuit and the administrative public interest litigant after the lawsuit.And then to build the administrative public interest litigation prosecution coordination mechanism of state-owned land use right transfer,including in the pre-lawsuit procedure to realize the coordination of clue discovery,investigation and verification procedures,public announcement,rectification and implementation coordination;In litigation and post-litigation procedures to achieve the main body of litigation coordination,coordination of the scope of limitation,coordination of litigation supervision.