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十年来全国检察机关共办理公益诉讼案件122.4万余件
Xin Hua She· 2025-12-22 05:13
Core Insights - The national procuratorial authorities have handled over 1.224 million public interest litigation cases from July 2015 to September 2025, with administrative public interest litigation accounting for over 90% of these cases [1][2] - The administrative public interest litigation system has entered a new phase of legalization and standardization, with 26 existing laws now including provisions for public interest litigation [2][3] Group 1 - The focus of the procuratorial authorities is on issues arising from administrative agencies' illegal exercise of power or inaction that leads to public interest damage, utilizing various supervisory methods such as procuratorial suggestions and litigation [2] - Since January of this year, over 120,000 administrative public interest litigation cases have been filed, with more than 79,000 procuratorial suggestions made to administrative agencies, and over 1,100 administrative public interest litigations initiated [2] - The scope of administrative public interest litigation has expanded from four initial legal areas to 14, including women's rights protection, barrier-free environment construction, and cultural relic protection [2][3] Group 2 - The Supreme People's Court emphasizes the importance of collaboration between the judiciary and procuratorial authorities to address public interest damage caused by overlapping or vacant administrative powers across regions and departments [3] - The release of the third batch of typical administrative public interest litigation cases includes seven cases covering various fields such as agricultural land protection, public rental housing management, and women's equal employment rights [3] - The typical cases published aim to enhance the responsibility and accountability of administrative agencies, reflecting a joint response from the judiciary and procuratorial authorities to contemporary societal concerns [3]
最高法:行政公益诉讼判决确认行政行为违法等案件比例较高
Xin Lang Cai Jing· 2025-12-22 04:58
Core Viewpoint - The article discusses the characteristics and trends of administrative public interest litigation in China, highlighting the expansion of case types, diverse adjudication methods, and updated judicial philosophies aimed at enhancing public interest protection. Group 1: Case Characteristics - The scope of cases has expanded, with a concentration in specific fields and regional disparities. Since 2018, new legal areas for public interest litigation have been established, including protection of martyrs, minors, military personnel rights, safety production, personal information protection, anti-monopoly, anti-telecom fraud, women's rights, barrier-free environment construction, and cultural relic protection [2] - In the past year, the distribution of administrative public interest litigation cases has been relatively concentrated, with the highest number of cases in food and drug safety, state property protection, and state land use rights transfer [2] Group 2: Adjudication Methods - The adjudication methods have become more diverse, effectively utilizing the functions of administrative trials. The courts have focused on correcting administrative actions that harm public interests, with a high proportion of cases resulting in the confirmation of illegal administrative actions or the annulment of such actions [3] - The principle that "post-litigation compliance does not exempt from illegality" has been emphasized, reinforcing the supervisory role of administrative public interest litigation and ensuring that administrative bodies fulfill their legal responsibilities proactively [3] Group 3: Judicial Philosophy - The judicial philosophy has evolved to promote win-win outcomes. Courts have worked collaboratively with relevant departments to address issues arising from overlapping administrative powers and gaps in governance, effectively tackling public interest problems that lack oversight [4] - Courts have not only focused on individual cases but also analyzed the reasons behind administrative failures and common issues, transitioning from "case rectification" to "systematic governance" to extend judicial functions and participate in social governance [4]
两高典型案例:行政公益诉讼督促整改招聘性别歧视行为
Xin Lang Cai Jing· 2025-12-22 04:50
Core Viewpoint - The article highlights the promotion of women's equal employment rights through administrative public interest litigation by judicial and prosecutorial authorities in China [1] Group 1: Administrative Public Interest Litigation - The Supreme People's Court and the Supreme People's Procuratorate jointly released the third batch of typical cases of administrative public interest litigation on December 22 [1] - The typical cases cover various fields including agricultural land protection, agricultural product quality safety, prescription drug safety, public rental housing management, barrier-free environment construction, women's equal employment rights protection, and the protection of wartime cultural relics [1] Group 2: Employment Rights and Gender Discrimination - In a case related to employment rights supervision, the procuratorial authorities targeted gender discriminatory practices such as "male only" job postings on recruitment websites [1] - The initiative aims to enhance the protection of women's equal employment rights through legal means [1]
两高发布行政公益诉讼典型案例:进一步统一法律适用标准
Xin Lang Cai Jing· 2025-12-22 03:54
Core Viewpoint - The administrative public interest litigation system in China has entered a new stage of development, with the Supreme People's Court and the Supreme People's Procuratorate calling for further unification of legal application standards [1][2]. Group 1: Legislative Developments - The third batch of typical cases for administrative public interest litigation has been released, covering various fields such as agricultural land protection, food safety, and women's employment rights [1]. - The draft of the Public Interest Litigation Law has been submitted for review, consolidating existing regulations and expanding the scope to include cultural heritage and national defense [2]. - The draft law consists of 6 chapters and 53 articles, detailing the scope, principles, and procedures for public interest litigation [2]. Group 2: Case Statistics and Impact - From July 2015 to September 2025, over 1.224 million public interest litigation cases have been handled, with 1.102 million being administrative cases [2]. - In 2023 alone, over 120,000 administrative public interest litigation cases have been initiated, with a high response rate to suggestions made to administrative agencies [3]. - The typical cases reflect a consensus in judicial practice and serve as a model for future legislation, enhancing the unification of legal standards [3]. Group 3: Future Directions - The new legislation aims to address practical challenges and enhance the effectiveness of administrative public interest litigation, marking a significant step towards specialized legal protection [4]. - There is a focus on strengthening guidance for lower courts and improving the consistency of legal application across the country [4]. - The typical cases are expected to play a leading role in promoting better administrative enforcement and supporting the construction of a rule-of-law government [4].
最高法和最高检联合发布第三批行政公益诉讼典型案例
Xin Lang Cai Jing· 2025-12-22 02:10
Core Viewpoint - The Supreme People's Court and the Supreme People's Procuratorate have jointly released the third batch of typical cases of administrative public interest litigation, covering various fields such as agricultural land protection, agricultural product quality safety, prescription drug safety, public rental housing management, barrier-free environment construction, women's equal employment rights protection, and protection of war relics [1] Group 1: Agricultural and Public Health - Some cases focus on agricultural judicial work, addressing illegal occupation of agricultural land and regulating pesticide use to promote standardized agricultural development and better serve rural modernization [1] - Other cases emphasize safeguarding and improving people's livelihoods by enhancing judicial protection in areas such as prescription drugs and agricultural products, thereby protecting public health and safety [1] Group 2: National Interests and Cultural Protection - Certain cases concentrate on protecting national interests and promoting governance by supervising issues related to public rental housing management, thus advancing the protection of state-owned assets [1] - Additional cases strengthen the protection of rights for women and disabled individuals, ensuring equal employment rights for women and safe travel for disabled persons, addressing urgent societal issues [1] - Some cases support the development of cultural undertakings and industries by increasing judicial protection of cultural relics, further promoting socialist core values [1]
陕西法检联动共创行政公益诉讼新局面
Ren Min Wang· 2025-12-03 00:42
Core Viewpoint - The recent press conference held by the Shaanxi Provincial High Court and the Shaanxi Provincial People's Procuratorate highlighted the progress and achievements in administrative public interest litigation in Shaanxi Province, emphasizing the importance of addressing issues such as state asset loss and food and drug safety [1]. Group 1: Achievements in Public Interest Litigation - Since 2020, the Shaanxi courts have concluded 54 cases related to land resource and arable land protection, recovering nearly 210,000 square meters of illegally occupied land and 2,462 square meters of illegally occupied riverbed land [1]. - The courts have also resolved 9 cases concerning food and drug regulation, reinforcing the safety standards for public health [1]. Group 2: Methodology and Impact - The Shaanxi courts employ a multi-faceted approach that includes pre-litigation monitoring, collaborative resolution during litigation, and post-litigation follow-up to ensure effective supervision and substantial resolution of public interest issues [1]. - The release of typical cases serves as a significant demonstration to guide societal attention towards closely related areas such as safety production and the protection of national heroes [1].
陕西发布行政公益诉讼典型案例
Shan Xi Ri Bao· 2025-11-19 23:03
"全省人民法院通过诉前精准监控、诉中联动化解、诉后跟踪问效,多措并举推动侵害公共利益问 题从'纸面整改'向'实质解决'转变。"省高级人民法院相关负责人介绍,陕西法院将进一步完善行政公益 诉讼领域与检察机关常态化沟通协调机制,始终坚持"公益之诉""督促之诉""协同之诉"功能定位,深化 与行政机关的良性互动,与行政机关同向而行、同向发力,合力推动法治政府建设和社会治理现代化。 (记者:张英 见习记者:李畅) 行政公益诉讼的核心是"可诉性",注重社会治理效果、推动问题快速解决才能彰显法治进步。此次 发布的某市城关镇人民政府未依法履行辖区内铁路安全监管职责案,检察机关针对违章建筑威胁铁路正 常运行展开监督,督促行政机关积极履职。人民法院联合检察机关从纠纷实质解决出发,组织协调相关 部门听取群众诉求,既消除了铁路安全隐患,又保障了群众基本权利。 数据显示,2020年以来,陕西检察机关共办理行政公益诉讼案件48054件,制发检察建议43748件, 99.37%的检察建议在法院审理前得到有效落实。省人民检察院相关负责人介绍,通过审前程序没有达 到公益保护效果的,全省检察机关坚持"应诉则诉",提起行政公益诉讼282件,其中2 ...
陕西构建全链条协作机制 “法治力量”守护公共利益
Zhong Guo Xin Wen Wang· 2025-11-19 08:59
同时,陕西省人民检察院副检察长高洁介绍,该省检察机关服务大局,依法履职,聚焦"高质效办好每 一个案件"的基本价值追求,以"可诉性"提升办案的精准性、规范性,积极履行公益诉讼法律职责;办 理生态环境和资源保护领域案件19446件,提起诉讼168件。 该省检察机关加强与行政机关的沟通协调,与29个行政机关、人民团体签订22个协作机制,通过信息共 享、线索移送、协同监督等方式,构建"事前预防、事中协同、事后修复"的全链条协作机制。 2020年以来,陕西省检察机关办理行政公益诉讼案件48054件,制发检察建议43748件,提起行政公益诉 讼282件,其中257件得到人民法院支持。下一步,该省检察机关将以高质效检察办案服务大局、保障民 生。(完) 图为新闻发布会现场。(陕西省高级人民法院供图) 陕西构建全链条协作机制 "法治力量"守护公共利益 中新网西安11月19日电 (张一辰 李一璠)19日,陕西省高级人民法院、陕西省人民检察院联合召开"行政 公益诉讼典型案例"新闻发布会,介绍近年来陕西省行政公益诉讼工作开展情况,发布了5起行政公益诉 讼典型案例。 陕西省高级人民法院副院长姜敏介绍,该省法院坚持问题导向、守正创新,依 ...