Legislation of Administrative Public Interest Litigation Legislation under the Concept of Active Prosecution
Administrative public interest litigation is an important part of the legislation on procuratorial public interest litigation.Active prosecution has guiding significance for the legislation of administrative public interest litigation.The development of active pros-ecution in the legislation of administrative public interest litigation should not only be designed from the perspective of improving the types of administrative public interest litigation and exerting its overall operational effectiveness,but also consider the optimization of specific operational mechanisms to realize the unique value of the administrative public interest litigation system.In terms of improving the types of administrative public interest litigation,active prosecution requires the establishment of a preventive administrative public interest litigation system to achieve source prevention;Establish identification standard of public interest and provide clear direction for administrative public interest litigation in the new fields.In terms of optimizing the operating mechanism of administrative public interest litigation,active prosecution requires the establishment of a diversified acquisition mechanism for case clues under an integrated sys-tem,the improvement of the investigation and verification mechanism for administrative public interest litigation,the improvement of the procuratorial suggestion mechanism of administrative public interest litigation,and the establishment of a dynamic tracking,feed-back,supervision mechanism for the whole process.Active prosecution not only fully releases the vitality of public interest protection in administrative public interest litigation system,but also maintains judicial rationality,which requires the legislation on administrative public interest litigation to determine the necessary limits of active prosecution,respect the law enforcement expertise of administrative organs,and clarify the relationship between procuratorial power and administrative power.
active inspectionadministrative public interest litigationlegislation
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