Research On The Scope Of Administrative Public Interest Litigation Cases

The administrative public interest litigation system is an important legal system adapting to China’s national conditions in the new development stage,and it is an innovation in the field of administrative law.In July 2015,the supreme people’s procuratorate(SPP)issued the pilot program for the reform of public interest litigation initiated by procuratorial organs in July 2015,which is the starting point for procuratorial organs to initiate public interest litigation.After a two-year pilot program,the newly revised administrative procedure law was adopted in June 2017,formally establishing the administrative public interest litigation system at the legislative level.The procuratorial organ,acting as an agent of the public interest,files a lawsuit against the public interest of the state and the society in the light of the illegal act or omission of the administrative organ.Although it has produced some results as a new system,the discussion on relevant issues will not end with the revision of the administrative procedure law.Specific to the scope of the case,from the pilot to the formal implementation of the continuous exploration,but there are some problems.The focus of the problem is mainly reflected in the analysis of the meaning of public interest and the narrow scope of the case.The scope of the case is facing a realistic dilemma,coupled with the increasing need for the protection of public interests,which makes it urgent to improve the scope of the case.Based on this,the author conducts research on the scope of administrative public interest litigation cases,tries to make a clear analysis of the existing problems,and on this basis,presents his views and puts forward Suggestions,in order to contribute to the development of the administrative public interest litigation system.This paper is mainly divided into four parts to discuss:the first part is the discussion of the basic theory.It covers the overview of the scope of administrative public interest litigation cases,the discrimination of the meaning of public interest and the significance of the scope of administrative public interest litigation cases.The second part is the interpretation of the four fields listed in the legislation.Mainly from the four areas of specific content,the analysis of each field of the two aspects of typical cases.The third part is to analyze the current situation of the scope of the case in our country and the realistic dilemma.It mainly includes the analysis of the current situation of legislation and judicature,the single legal provisions and the narrow scope of cases.The fourth part is the future prospect of the scope of administrative public interest litigation.Based on the analysis of the current situation and problems of the scope of the case,some Suggestions are put forward.It mainly includes improving the relevant legislation,gradually exploring the field of "other" and expanding the scope of cases.