Practical Problems And Optimization Path On The Scope Of The Case In Administrative Public Welfare Lawsuit

Administrative public welfare lawsuit is a significant innovation adapted to China’s national circumstances in recent years,and also an vital institutional breakthrough in the field of administrative law.Since the pilot program began in 2015,the administrative public welfare lawsuit has gone through three stages: pilot program,legislative guarantee,and comprehensive implementation.The scope of the case is an vital part of administrative public welfare lawsuit.To expand the scope of the case is a slow but necessary process.The openness of the connotation of public welfare,the universality of the exercise of procuratorial power and the urgency of solving the governance problems jointly determine the necessity of expanding the scope of the case.The practical needs of serving the Chinese path to modernization,the practical feedback of exploring and expanding the scope of the case,and the basic laws of the development of the legal system show the feasibility of expanding the scope of the case.At present,the scope of the case has expanded to a certain extent in both legislative and judicial practice aspects.Through the investigation of the legislation and judicial practice of administrative public welfare lawsuit,it is found that the subject,behavior and fields of the case of administrative public welfare lawsuit have been comprehensively expanded.However,there are some problems,such as the lack of systematic supply of legal norms,the lack of uniformity of the public welfare identification procedure and the lack of rationality of the classification of sued behavior types.On the basis of considering the basic principles of expanding the scope of case in administrative public welfare lawsuit,our country should carry out special legislation on administrative public welfare lawsuit,build an administrative public welfare lawsuit incidental review system,unify the public welfare identification procedure and reasonably divide the scope of the sued behaviors,so as to ensure the standardized and efficient operation of the administrative public welfare lawsuit rights,and then ensure the unified and correct implementation of national laws.