| The scope of administrative public interest litigation clearly stipulated in the Administrative Procedure Law includes four areas,called "protection of ecological environment and resources","food and drug safety","protection of state-owned property" and "transfer of the right to use state-owned land".For the sake of insurance and to ensure the smooth implementation of the system,the Administrative Procedure Law has adopted a limited enumeration method to enumerate the mature areas in the pilot project and the current social hot areas,which is more conducive to the implementation in practice,and other areas that are not yet convenient to enumerate are not enumerated.However,it must be understood that the list of four areas does not mean that it can only be carried out in these four areas.The practice of administrative public interest litigation in the "four areas" of ecological environment and resource protection has been relatively mature.At present,it has the conditions to expand the scope of administrative public interest litigation cases and bring more matters into the scope.However,due to various reasons,such as different actual situations in different regions,imperfect judicial interpretations,and the lack of timely legalization of the expanded scope,the exploration process in various provinces and cities has inevitably led to the situation of rash advance and wanton expansion of the scope of public interest litigation,which may even lead to improper interference in administrative power,waste of judicial resources and the risk of indiscriminate litigation.The expansion of the scope of cases is facing practical difficulties,coupled with the growing demand for the protection of public interests,making the orderly and stable improvement of the scope of cases a top priority.This paper attempts to analyze and study the scope of administrative public interest litigation cases based on the actual situation of our country,trying to sort out the existing problems clearly,and put forward relevant suggestions.The full text is mainly divided into four parts to carry on the elaboration.The first part is the discussion of the basic theory of administrative public interest litigation,covering the concept,characteristics and feasibility of administrative public interest litigation,including its cultural requirements,legal basis and practical needs.And to explore its historical development process from two aspects of normative guidance and practical progress.There is also the discrimination of the meaning of public interest and the openness of the interpretation of the word "wait".The second part is the analysis of the current situation of the scope of accepting cases of administrative public interest litigation in China,which mainly introduces the current situation of the expansion of the new field of administrative public interest litigation and the analysis of the realistic predicament combined with some situations inside and outside the legal field in current practice.The third part is about the theoretical basis of administrative public interest litigation in some foreign countries and the inspiration and reference significance to our country,mainly including the overview of the scope of administrative public interest litigation in common law countries and civil law countries,characteristics and enlightenment to our country.The fourth part is the future prospect of the expansion of the scope of administrative public interest litigation cases,including the principles and legislative models that should be adhered to and the limits that should be paid attention to in expanding the scope of accepting cases,through improving the relevant legislation of administrative public interest litigation and actively exploring and accumulating experience by procuratorial organs.It lists the typical areas that need to be expanded urgently and the macro-planning. |
