On The System Of Administrative Public Interest Litigation

With the deepening of the construction of the rule of law in China,citizens’ awareness of the rule of law is also growing.They not only focus on safeguarding their own personal interests,but also bring the social public interests into the scope of their rights protection,in order to achieve the orderly development of the whole society.As a new litigation mode,administrative public interest litigation has developed for several years in our country.Since the pilot work was carried out in 13 places in 2015,the administrative public interest litigation was formally established in the revised administrative procedure law in 2017,and now the judicial interpretation is constantly revised,the development momentum of administrative public interest litigation system is good.However,from the perspective of practice,the number of cases eventually brought by procuratorial organs is very small,which remains below5% of the total cases accepted.The article will be divided into four parts,from the "litigation interest" and "litigation cost" two procedural law principles to make another evaluation of the administrative public interest litigation system,there are these two basic principles lead to problems,and around the two principles to propose solutions.The first part is the basic discussion on the benefits and costs of litigation.Litigation interest refers to the necessity and timeliness of the court’s judgment on the party’s request.Litigation cost is the sum of all the costs that the party needs for litigation,including human,material and financial resources.The second part is to analyze the administrative public interest litigation system by using the interest and cost of litigation: the interest of litigation runs through the whole process of administrative public interest litigation,and the procuratorial organ,as the national supervision organ,has the interest of litigation when it brings the administrative public interest litigation;But at the same time,procuratorial organs are facing the problem of high litigation costs,which is the reason why the number of public interest litigation cases filed by procuratorial organs is so low.The third part is the analysis of the dilemma of the administrative public interest litigation system,including: the lack of rigid procedures before litigation,the difficulty of identifying the administrative organ’s failure to perform its duties according to law,the limited scope of cases and the limited source of cases,the high cost of proof,and the balance between administrative power and judicial power.In the last part of the article,in view of the difficulties faced by the procuratorial organs mentioned above,from the perspective of litigation interest and litigation cost,the author puts forward the methods to improve the administrative public interest litigation: first,from the "litigation interest" to improve the public interest litigation,including moderately relaxing the plaintiff’s litigation qualification,expanding the object of public interest litigation,and clarifying the situation of public interest litigation initiated by the procuratorial organs;Secondly,from the perspective of litigation cost,this paper puts forward some measures to reduce the cost of public interest litigation,such as reducing the burden of proof on the plaintiff,strengthening the rigidity of procuratorial suggestions,and giving full play to the role of pre litigation procedure.The innovation of this paper lies in the use of the interests of litigation and litigation costs of the two basic principles of procedural law to evaluate the administrative public interest litigation system.The interest principle of litigation is not only the theoretical basis to expand the plaintiff qualification of administrative public interest litigation,but also can restrict the expansion of administrative power by expanding the scope of the plaintiff’s claim“ "Litigation cost" is widely used in civil litigation,but litigation cost should also be considered in administrative public interest litigation.Using the theory of "cost-benefit" analysis,we can analyze the reason why the number of prosecutions finally filed by procuratorial organs is small from a new perspective.