| Under the background of risk society,national and social public interests are suffering from various damages.A large amount of state-owned property has been lost,and the protection of vulnerable groups,public security and other fields have frequently occurred.Food and drugs are related to the "tip of the tongue" safety of thousands of people,while "fake vaccines","toxic milk powder" and other events have turned people pale.Investigating its root cause,the omission and disorderly action of administrative organs are the main reasons for the damage to public interests.Therefore,the administrative public interest litigation system emerged as a new judicial protection system for public interests.However,the current administrative public interest litigation system is of post relief nature,and can only be sued when the actual harm results are caused and the evidence of public interest damage can be submitted.This shows that there are major weaknesses in the risk prevention of administrative public interest litigation,and a mature and comprehensive public interest protection system has not yet been formed,It is easy to cause irreversible and difficult to recover damages to the public interest.The supervision over whether the administrative organ performs its statutory duties is also limited to the end of the administrative process,and it does not pay attention to whether the process of making administrative acts conforms to the law,cannot grasp the overall picture of the administrative legal relationship,and puts the public interest in a high-risk situation.In addition,administrative public interest litigation needs to follow the principle of "litigation does not stop execution".The lack of preventive protection measures has caused the current situation of litigation and execution at the same time,so that the national and social public interests are still facing irreparable difficulties after damage.The establishment of the preventive litigation system can just change this situation,focus on risk regulation,adjust the starting point of supervision of the procuratorial organ,give the procuratorial organ a kind of ex ante relief means,start the administrative public interest litigation procedure when the public interest damage is highly probable,and can effectively protect some rights that will be infringed.For this reason,this paper discusses the establishment of preventive administrative public interest litigation.There is a practical basis for the system of preventive administrative public interest litigation.On this basis,preventive administrative public interest litigation should adhere to the supervision and supplementary positioning,define the starting standard of litigation and the scope of accepting cases,and improve the specific procedures for the operation of the system of preventive administrative public interest litigation,including pre litigation procedures,preventive protective measures,prosecution and trial periods,burden of proof Judgment method,etc.In order to establish a sound public interest relief mechanism.Make up for the deficiency of the right relief of the current post relief administrative public interest litigation,give the national and social public interests an "all-round judicial protection",and avoid a large number of public interest losses.At the same time,we should standardize the administrative functions of administrative organs and reduce their "inaction" and "disorderly behavior".In addition,it has improved the current administrative litigation system in China to a certain extent and enriched and developed the types of administrative litigation.It cooperates with the traditional relief administrative public interest litigation after the event,and the two are connected and integrated within the institutional framework,so as to protect the public interests of the country and society more comprehensively. |
