Can anyone provide us with some domestic and international writings on administrative public intere

Legal Analysis: The difference between civil public interest litigation and administrative public interest litigation is conceptual: the nature of the legal norms maintained by the two is different, the former is to maintain administrative legal norms, and the latter is to maintain civil legal norms; The defendants of the two are different, with administrative public interest litigation taking administrative organs or other public authorities as defendants, while civil public interest litigation involving civil subjects as defendants.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided in this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Major foreign-related cases;

2) Cases that have a major impact in the jurisdiction;

3) Cases over which the Supreme People's Court determines that the Intermediate People's Court has jurisdiction.

Article 110: The following conditions must be met for prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and within the jurisdiction of the people's court of the people's law.

Administrative public interest litigation applies the same litigation procedures and principles as general administrative litigation, but the main differences are as follows: 1. General administrative litigation requires the plaintiff to have a direct interest in the case and be a party to the legal relationship, while administrative public interest litigation does not require a direct interest and is not required to be a party to the legal relationship. 2. The results of ordinary administrative litigation are borne by the parties, that is, by both parties or a third party to the original defendant or a third party.

However, the plaintiff in an administrative public interest lawsuit may not be responsible for the outcome of the lawsuit. 3. General administrative litigation is litigation for one's own interests, while administrative public interest litigation is for the public interest of the state or society. According to Article 25 of the Administrative Litigation Law of the People's Republic of China:

Where, in the course of performing their duties, the people's procuratorate discovers that an administrative organ with oversight and management duties in areas such as the protection of the ecological environment and resources, food and drug safety, the protection of state-owned property, and the transfer of state-owned land use rights has illegally exercised its authority or failed to act, resulting in infringement of the national interest or the public interest, it shall submit a procuratorial recommendation to the administrative organ and urge it to perform its duties in accordance with law. Where administrative organs do not perform their duties in accordance with law, the people's procuratorate shall initiate litigation in the people's courts in accordance with law.

Characteristics of administrative litigation:

1) The administrative litigation is an administrative case.

This is the difference between administrative litigation and other litigation in the cases accepted and adjudicated. Criminal proceedings address the issue of the criminal liability of the person being prosecuted; Civil litigation resolves disputes over civil and commercial rights and interests, while administrative litigation resolution is administrative disputes, that is, disputes between administrative organs or organizations authorized by laws and regulations and citizens, legal persons or other organizations in the course of administrative management.

2) Administrative litigation is a judicial activity conducted by the people's court through adjudication.

This is the difference between administrative litigation and other ways and means of resolving administrative disputes. In China, there is not only one way to resolve administrative disputes, but also administrative reconsideration by administrative reconsideration organs. Administrative litigation, on the other hand, is an activity in which the people's courts use litigation procedures to resolve administrative disputes.

3) Administrative litigation is an activity that examines the legality of the sued administrative act in order to resolve the draft or resolve the administrative dispute.

Among them, the administrative acts to be reviewed are specific administrative acts, and the fundamental purpose of the review is to protect the legitimate rights and interests of citizens, legal persons or other organizations from being infringed upon by illegal administrative acts. This determines that administrative litigation is different from criminal litigation and civil litigation in terms of trial form and adjudication form. For example, administrative litigation cases must not be concluded through mediation; The burden of proof to prove the legality of specific administrative acts is borne by the defendant; The adjudication of administrative litigation is mainly in the form of revocation and maintenance of judgments.

4) Administrative litigation is an activity to resolve administrative disputes within a specific scope.

Administrative litigation does not resolve all types of administrative disputes, some administrative disputes do not fall within the scope of administrative litigation accepted by the people's courts, while criminal litigation and civil litigation are not limited by the scope of cases similar to administrative litigation. As for administrative disputes that do not fall within the scope of administrative litigation, they can only be resolved through other means of remedy.

5) The parties in the administrative litigation are constant.

The plaintiff in an administrative lawsuit can only be the counterparty in the administrative management, i.e., a citizen, legal person or other organization; The defendant in an administrative lawsuit can only be the administrative party in the administrative management, that is, the administrative organ that is the subject of the administrative deity and the organization authorized by laws and regulations. The litigation status of both parties to an administrative lawsuit is constant, and the administrative entity is not allowed to sue the administrative counterparty as the plaintiff. This feature is different from civil and criminal proceedings.

In civil litigation, both parties to the litigation are equal civil subjects, and the original defendant is not constant, and the defendant is allowed to counterclaim; In criminal proceedings, there are also private prosecution cases in which the defendant is allowed to be the private prosecutor sued by the victim.

The Legislative Affairs Committee of the Standing Committee of the National People's Congress pointed out that public interest litigation in the Administrative Litigation Law is not ripe for legislation and has no corresponding practical basis, and the main task at this stage is to solve the problem of difficulty in filing cases, so there is no provision in the new Administrative Litigation Law, requiring the Supreme Court to sum up experience in practice and submit it to the Standing Committee of the National People's Congress for deliberation when the time is ripe.

Administrative Public Interest Litigation refers to an administrative lawsuit filed by a special group tour organ for the purpose of safeguarding the public interest, and is filed by a specific organ in a people's court in accordance with the law when the procuratorate, citizens, and social organizations believe that an administrative entity's conduct in the exercise of their powers is illegal, infringes upon the public interest, or is likely to be infringed upon.

Article 55 of the Civil Procedure Law of the People's Republic of China: Where the subject matter of litigation is of the same type, where there are a large number of parties, and the number of people has not yet been determined at the time of initiating a lawsuit, the people's court may issue a public announcement explaining the circumstances of the case and litigation demands, and notify the rights holder to register with the people's court within a certain period of time. Rights holders registered with the people's courts may elect representatives to conduct litigation; Where a representative cannot be elected, the people's court may agree on a representative with the rights holder participating in the registration. The litigation acts of the representative shall be effective against the party he represents, but the consent of the represented party must be obtained for the representative to change or abandon the litigation claim or admit the litigation claim of the other party and settle the settlement.

The judgment, judgment or determination made by the people's court shall have an effect on all rights holders participating in the registration. Where a rights holder who has not participated in the registration initiates a lawsuit within the statute of limitations, the judgment or ruling shall apply.