Research On The Judgment Form Of Administrative Public Interest Litigation

With the implementation of the new administrative procedure law(hereinafter referred to as the enforcement law)in 2017,the administrative public interest litigation system was formally established in China.In order to ensure the court correctly apply form to ensure that the public benefit obtain the practical and effective maintenance,in March 2018,the joint projects on the Supreme Court of the Supreme People’s Procuratorate prosecution public interest litigation cases to explain some issues of applicable law(hereinafter referred to as the"public welfare interpretation"),specific provisions shall be applicable to the administrative public interest litigation of six kinds of sentence forms.However,with the judicial practice,the administrative public interest litigation judgment form reflects many problems,such as the court decision of the administrative public interest litigation form almost only to confirm the illegal sentences and perform their duties according to two kinds,highlighted the sentence form for the problem of narrow,the procuratorial organs filed a lawsuit,the procuratorial organs function orientation,and the court of judicial change right of applicability is cautious.In addition,in terms of the specific form of judgment,the judgment of performing duties is too general.For example,in terms of the content of performance,the court often only makes general provisions,but does not specify the specific time limit for performing duties,leaving more room for the administrative organs to exercise their autonomy.However,the problem of determining illegal judgment is too formalism,which ignores the establishment value and objective factors of pre-litigation procedure,resulting in low judicial efficiency and waste of judicial resourcesTherefore,in order to improve the adjudication form of administrative public interest litigation,we should optimize the adjudication form stipulated by the existing laws of our country,and we can consider the provisions of other countries and regions on the adjudication form of similar system,such as increasing injunction form and punitive form of judgment.In addition,in addition to the form of judgment,other means of dispute resolution in litigation can be explored,such as the agreement and reconciliation system,which can not only save judicial resources,but also timely protect public interests and give full play to the institutional value of administrative public interest litigation.