Judgment of Administrative Performance Standards in Procuratorial Public Interest Litigation——Based on the Cases in the Field of Production Safety
A series of production safety accidents,breaking out recently,has aroused the public concern about the procuratorial public interest litigation in the field of production safety.It is necessary to conduct a special study on the standards of performance assessment of the adminis-trative organizations.The"standards"issue is a well-acknowledged difficulty in procuratorial liti-gation practice.The contemporary standards often resorted to are mostly based on behaviour,outcome,or the composite framework.In view of the severe detriment of production safety acci-dents,our focus should be put on whether the administrative organizations have objectively hin-dered the occurrence of the detriment or contained its potential sources,and on whether the ad-ministrative organizations have objectively taken advantage of all possible administrative resources in their inspection.In this way,we can build up a remedial"behaviour-outcome"standard cou-pled with the legal nature,purpose and function of public interest litigation.
safe productionadministrative public interest litigationfailure to perform its duties by lawmeans of performing the duties
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