Protecting public interests and promoting lawful administration - "Two Highs" report on handling administrative public interest litigation cases

2023-12-14

On the 13th, the Supreme People's Court and the Supreme People's Procuratorate held a press conference to report on the relevant situation of administrative public interest litigation. Xu Xiangchun, Director of the Eighth Procuratorate of the Supreme People's Procuratorate, introduced that the administrative public interest litigation system has been piloted since 2015 and officially established through the revised Administrative Litigation Law in June 2017. Over the past six years, the procuratorial organs have filed and handled over 780000 administrative public interest litigation cases, accounting for nearly 90% of all public interest litigation cases. They have issued over 650000 procuratorial suggestions and filed over 4000 administrative public interest litigation cases with people's courts in accordance with the law. It is understood that administrative public interest litigation cases mainly focus on ecological environment and resource protection, food and drug safety, state-owned property protection, transfer of state-owned land use rights, protection of the rights and interests of martyrs, safety production, anti telecommunications and network fraud, and protection of women's rights and interests. "Administrative public interest litigation is a new system created by judicial reform. With the acceleration of public interest litigation legislation and practice, there will definitely be more and more development space in the future." Geng Baojian, the President of the Administrative Trial Division of the Supreme People's Court, said that administrative public interest litigation covers a wide range of areas and involves multiple administrative departments. The focus of the people's court should be on initiating litigation cases, and attention should be paid to cooperating with administrative organs before filing a case Coordinate the entire process during the trial and after the judgment, and increase the strength of judicial recommendations. Timely judicial suggestions should be put forward for typological issues in administrative law enforcement, supplemented by discussions, training, and incorporating administrative public interest litigation into government performance evaluations. Together with procuratorial organs, administrative organs should be urged to make timely corrections and promote the construction of a rule of law government from a point to an area perspective. At the press conference, the "two high schools" jointly released typical cases of administrative public interest litigation for the first time. It is understood that this typical case mainly includes areas such as state-owned property, food safety, fire safety, farmland protection, the rights and interests of martyrs, cultural relics protection, and labor remuneration for migrant workers. It has a positive guiding role in promoting administrative organs to administer in accordance with the law, protecting the legitimate rights and interests of the people, safeguarding public interests and good customs. Xu Xiangchun stated that in response to disputes over the understanding of legal responsibilities, performance standards, and legal application among administrative organs, if they fail to perform their duties in accordance with the law or fail to perform their duties properly, and if the pre litigation procuratorial suggestions cannot effectively solve the problem of public interest protection, the public interest litigation procuratorial department should adhere to the principle of suing when necessary, and promote lawful administration through the confirmation of "litigation". At the same time, we must uphold the concept of "continuous follow-up and supervision", from pre litigation procedures to filing lawsuits and then to continuous follow-up of judgment execution, to ensure the effectiveness of the case. (Lai Xin She)

Edit:Zhoushu    Responsible editor:Jia Jia

Source:GMW.cn

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