On the Application of Interest of Action Theory in Public Interest Litigation System——Comments on Analysis 19,21,24 of the Interpretation of Several Law Application Issues in Public Interest Litigations Brought by People's Procuratorates
HUANG Zhongshshun
Institute of Law,Chinese Academy of Social Sciences
It is not necessary for the court to begin or continue the substantive hearing of the case when all the litigation claims of the procuratorial in stitutions have been fully realized. However, even if the procuratorate loses the interests of asking the defendant to correct the illegal administrative act or perform the legal duties according to law, the procuratorate may still have the interest to ask the court to confirm the illegal administrative act. In order to relieve the public interests that have been damaged or threatened in time, public interest litigation rules should guide the defendant to correct the illegal acts or to perform the legal duties according to law as soon as possible. Therefore, the rules should be designed differently according to the time when the defendant corrects the illegal act or perform the legal duties according to law.
黄忠顺. 论诉的利益理论在公益诉讼制度中的运用——兼评《关于检察公益诉讼案件适用法律若干问题的解释》第19、21、24条[J]. 浙江工商大学学报, 2018, 32(4): 19-29.
HUANG Zhongshshun. On the Application of Interest of Action Theory in Public Interest Litigation System——Comments on Analysis 19,21,24 of the Interpretation of Several Law Application Issues in Public Interest Litigations Brought by People's Procuratorates. Journal of Zhejing Gongshang University, 2018, 32(4): 19-29.