Research On Administrative Public Interest Litigation For The Transfer Of State Owned Land Use Rights

The administrative public interest litigation for the transfer of state-owned land use rights,as a new type of public interest litigation,has essential differences from the administrative public prosecution system.Realizing the value and purpose of its institutional establishment is a new topic in the field of exploring public interest litigation.The main problems faced by the practice of administrative public interest litigation for the transfer of state-owned land use rights include a lack of legislative technology and a weak theoretical foundation.In the past decade,the exploration of administrative public interest litigation for the transfer of state-owned land use rights has made certain progress,mainly reflected in theoretical and practical aspects.At the same time,local courts and procuratorial organs have launched administrative public interest litigation under pilot deployment and achieved certain results.It has now become a unique form of administrative public interest litigation system in China.In fact,from the perspective of pilot projects,these practices have achieved preliminary results in addressing issues such as unauthorized changes in land use and failure to collect land use right transfer fees in accordance with regulations.However,it also exposed issues such as unclear jurisdiction definition,non-standard pre litigation procedures,unreasonable division of burden of proof,and difficulties in enforcement.Therefore,when establishing an administrative public interest litigation system for the transfer of state-owned land use rights,we need to focus on two aspects:concept and system.At the conceptual level,we should strictly establish the concept of the rule of law and uphold the value orientation of protecting public resources and resolving disputes over land use rights;At the specific institutional level,we should clarify four main issues: the definition of the scope of litigation,the improvement of pre litigation procedures,the determination of plaintiff qualifications,and the construction of execution procedures.At present,the academic community has continued to focus on macro research on administrative public interest litigation for the transfer of state-owned land use rights,but the depth and breadth of research on micro procedural rules are insufficient,resulting in unfounded results in rough legislation and judiciary,making the institutional effect of administrative public interest litigation for the transfer of state-owned land use rights unable to meet expectations.Therefore,the refined design of micro rules for administrative public interest litigation in the transfer of state-owned land use rights has practical and theoretical significance for the improvement and optimization of administrative litigation,public interest litigation,and other public interest litigation systems.This article,based on the logical approach of "theoretical basis judicial practice extraterritorial experience solutions" and "pre litigation procedure litigation procedure execution procedure",starts from laws such as the "Administrative Procedure Law","Civil Procedure Law",and "Interpretation of Public Interest Litigation by the Procuratorate",and summarizes the relevant provisions of the current state-owned land use right procuratorial administrative public interest,demonstrating the signal of legislative needs conveyed by the research on administrative public interest litigation The methodological significance of promoting the construction of a rule of law government.