Identification Of "Not Performing Duties According To Law" In Administrative Public Interest Litigation

As an important part of China’s judicial system reform,the leniency system for leniency litigation and punishment from the initial pilot to the formal legislation in 2018 has received widespread attention from the judicial academic community.With the increase in the number of judicial cases,the operation of public prosecution methods has increased,and the introduction of this system has simplified litigation procedures,achieved the separation of complex and simple cases,and made a great contribution to improving judicial efficiency.From the perspective of the implementation of the extensive confession system,it still pays attention to whether the defendant’s rights have been realized,which reflects the caution of criminal policy and less complaints,but the right to the victims lacks privileges.Although the victim is the main body of criminal lawsuits,it cannot fully enjoy the right to equal equal parties with the defendant.The victim’s litigation rights protection system is incomplete,and the briefing is roughly divided into the following aspects: First,the procedural guarantee is concentrated in three aspects: the victim’s litigation status is essentially suspended,and the victim’s participation in the case is restricted.The objection is hindered,and the victim’s right to know the case of the case is restricted;secondly,the material guarantee is manifested as three aspects: one is that the victim’s compensation system is not fully implemented,and the other is the legal aid of the victim’s defense.For the premise,a reconciliation agreement is reached after applying the criminal reconciliation procedure.In view of the problems arising from the above-mentioned problems in judicial practice,specific improvement plans for procedural and substantive matters are proposed.The procedure confirms the identity of the victim as the subject of proceedings,ensures the victim’s right to awareness and participation,and improves the rights of the victim.At the substantive level,victims were included in the scope of legal aid and the state compensation system was further improved to guarantee victims’ right to compensation.At the same time,the procedural rights of victims in the system of leniency and punishment and penal settlement are clarified.Through the above-mentioned measures,the protection of the rights of victims is improved and the effective functioning of the leniency system is ensured in order to recognize guilt and accept punishment in judicial practice.