An Analysis Of The Scope Of Accepting Cases In Administrative Public Interest Litigation

In recent years,with the rapid development of social economy,our country’s comprehensive national strength has been continuously improved.Citizens’ living standards are improving day by day,and their awareness of rights protection is also enhanced.People not only attach importance to the protection of personal rights and interests,but at the same time,the attention of some social subjects has begun to shift to the protection and relief of public interests.As a current emerging litigation system,although administrative public interest litigation has been successfully established,however,the scope of its acceptance still needs to undergo long-term and careful scrutiny to continue to improve at the legislative level.Since 2015,our country’s two-year pilot work on administrative public interest litigation has achieved considerable progress and results.The focus of the work of the judiciary has gradually shifted to administrative public interest litigation.By integrating the current judicial practice cases of procuratorial organs in China,in addition to the four areas listed in the legislation,the scope of administrative public interest litigation in practice also involves three areas related to the rights and interests of military personnel and the protection of martyrs’ facilities,cultural relics protection,and personal information protection.The Supreme People’s Procuratorate publishes cases in these three fields as typical cases,this behavior shows the trend of expanding the scope of administrative public interest litigation—the fields involved are not limited to the scope delineated by the listed laws and regulations.The differences in the scope of cases accepted in judicial practice and legislative fields indicate that the administrative public interest litigation system lacks sufficient legislative support.By comparing the relevant systems and judicial status of civil law and common law countries,we can find that extraterritorial countries have a wider range of cases,and often include all acts that violate public interests.By comparison,it can be seen that in our country’s administrative public interest litigation system,the scope of accepting cases should be affirmed by enumerating the scope of public interest,and further promote its expansion through the diversity of prosecuting subjects.Our country’s current system has a relatively immature legislative model.Moreover,there are practical problems and dilemmas such as too narrow the scope of accepting cases,unclear criteria for accepting cases,and unprotected potential interests of administrative counterparts.The scope of the case is related to the areas where the public interest can maintain the remedies.In the face of the limitations of the scope of cases and the real dilemma,judicial supervision only relying on the four areas listed in the law can no longer cover the new problems that are emerging in reality.In addition to the scope that has been expressly stipulated,the public interests in other fields are still in a state of being infringed and there is a risk of continuing to be infringed.It is urgent to broaden the scope of administrative public interest litigation cases.It is necessary to gradually construct and develop administrative public interest litigation system by clarifying the interpretation of "public interest" and "etc.",building a scientific "summarization + enumeration" legislative model,clarifying the scope of the case and appropriately broadening the scope of interests of the administrative counterpart.At the same time,the moderate expansion of the scope of administrative public interest litigation is of positive significance for safeguarding the national and social public interests and further promoting the development of my country’s legal system.