(Case No.185 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Administrative public interest litigation, Protection of state-owned property, Assignment of the right to the use of state-owned land, Illegal expending of the income from the assignment of the right to the use of land, Withdrawal of prosecution
Key Point
When handling public interest litigation cases concerning the income from the assignment of the right to the use of state-owned land, the procuratorial organs shall strengthen follow-up supervision to urge the administrative organs to comprehensively fulfill their duties in accordance with the law, so as to ensure that all collected funds are fully deposited into the national treasury. In cases where there may be interference or resistance at the grassroots level, the procuratorates at the higher level may directly handle the case; if the conditions for filing an administrative public interest litigation are met, the procuratorates at the higher level may designate the procuratorate at the grassroots level to file litigation in the court at the same level. If any administrative regulatory gap is identified during the case-handling process, the procuratorial organs may issue procuratorial recommendations for social governance to the local government, so as to promote the governance of the sources of litigation.
Relevant Provisions
Article 25(4) of the Administrative Procedure Law of the People's Republic of China (Rev. 2017)
Article 50 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of the Right to the Use of the State-owned Land in Urban Areas (Rev. 2020)
Article 4 and 33 of the Measures for the Management of Income and Expenditure from the Assignment of the Right to Use State-Owned Land (Effective since 2007)
