(Case No.184 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Pre-litigation procedure for administrative public interest litigation, Assignment of the right to the use of state-owned land, Idle land, Classified disposal
Key Point
In cases involving the idle use of land or the deviation of the agreed purposes stipulated in the assignment agreements after the assignment of the right to the use of state-owned land, the procuratorial organs may urge the relevant administrative organs in charge of regulatory duties to perform their duties in accordance with the law by filing an administrative public interest litigation. Where there are multiple administrative organs, various counterparts, and different types of illegal acts, the procuratorial organs may adopt different case-handling methods according to the type the cases.
Relevant Provisions
Article 25(4) of the Administrative Procedure Law of the People's Republic of China (Rev. 2017)
Article 3 and 56 of the Land Administration Law of the People's Republic of China (Rev. 2019)
Article 50 of the Rules for Implementation of the Land Administration Law of the People's Republic of China (Rev. 2021)
Article 21 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law for Cases regarding Procuratorial Public Interest Litigation (Rev.2020)
Article 2,4,8 and 12 of the Measures for Disposal of Unused Land (Rev.2012)
