Research On Administrative Public Interest Litigation Requests

The traditional subjective litigation model allows the party with direct interest to sue,and the social public interest,although it has a close relationship with the public,but,because there is no direct interests damaged,so it can not be protected in the form of litigation,from the point of view of protecting the common benefit,the scope of the parties to the lawsuit to be expanded,so the administrative public interest litigation system came into being.China has been trying to build an administrative public benefit suits system since 2014.When administrative organs exercise their powers illegally or fail to perform their duties,resulting in damage to public interests,the procuratorial organs file lawsuits in the capacity of public interest litigants.Procuratorial organs exercise legal supervision and prosecution rights in agricultural lawsuits to protect the legal order and harmed social benefits.Once the procuratorate has evidence that the relevant administrative organ has violated the law and thus infringed on public interest,it sends procuratorial recommendations to the relevant administrative organ to urge it to perform its duties.If the administrative organ fails to perform its duties within the statutory period,the pre-litigation procedure will end and the litigation procedure will begin.Since the establishment of the administrative public interest litigation system,the practice and theory of the system are getting deeper and deeper,but the academic circles mainly focus on the qualification of plaintiff,pre-litigation procedure,burden of proof and the theory of litigation rights of the administrative public interest litigation system,and the research on litigation request is less,and there are less legal articles related to litigation request,which leads to the uncoordinated theoretical level of litigation request and the system is not standardized,and the legislation of administrative public interest litigation has not been solved.The purpose of administrative public interest litigation is difficult to achieve,but whether the litigation request is precise is the key to whether the public interest can be repaired.Through the empirical analysis of administrative public interest litigation cases in the past two years,we depict the real picture of the application of the type of litigation requests filed by the procuratorial organs,the support,the suitability with the procuratorial recommendations,the accuracy of the content and the adjustment of litigation requests in judicial practice,analyze the problems of litigation requests in judicial practice,and sort out the path of litigation request precision.The analysis of 252 cases of administrative public interest litigation reveals that the relevant norms mainly provide for four types of litigation requests,but in practice,the procuratorial organs file a wide variety of litigation requests,which are not limited to the four types of litigation requests mentioned in the norms,and the application of each type of litigation request by the procuratorial organs is more arbitrary,with different types of litigation requests appearing in the same case and similar litigation requests being applied in different types of cases.The application of the rules for the adjustment of litigation requests is unreasonable,the content of litigation requests is not differentiated according to the scope of public interest litigation,and the expression is general.The author analyzes the causes of the problems from both theoretical and institutional perspectives.Firstly,it is due to the misalignment of the functions of the procuratorial organs,which are lost in a variety of roles,ignoring the main function of the law enforcement agencies’ legal oversight role,unable to complete the conversion of duties in the pre-suit phase and the lawsuit phase,and failing to distinguish between the main and secondary functions.The second is the entanglement of private and public interest litigation.The objective prosecution system of public interest lawsuits in the track of the subjective litigation mechanism of administrative litigation,there is an uncoordinated system operation,and the procuratorial organs have deviated from the understanding of the value of public interest litigation.Finally,it is due to the lack of perfect norms,mainly the lack of some norms and the unscientific provisions of norms.By correcting the functional orientation and value objectives of the procuratorial organs,strengthening the objective litigation mechanism,sorting out and supplementing relevant provisions,and building a model for the precision of litigation requests,with a view to making litigation requests precise in terms of type,content,and adjustment rules.