Theoretical Construction of Procuratorial Administrative Public Interest Litigation

Abstract

The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs' legal oversight in the form of litigation, intending to form a legal oversight mechanism between the procuratorial organs and administrative organs. Both the administrative public interest litigation and the procuratorial proposal are included in administrative litigation and thus depend on court judgments. In other words, the extent of oversight is limited under court judgments. Procuratorial organs shall apply the same legality review as the courts. The procuratorial organs shall properly draft the procuratorial proposal under the same criteria of judicial review and not exercise administrative discretion for the administrative organs. The criteria of administrative organs' performance of duties after-action review shall be whether the court is in favor of or against it.

Keywords

administrative public interest litigation (APIL) / procuratorial proposal / procuratorial organs

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Higher Education Press