Research On The Procuratorial Organs Filed Administrative Public Welfare

In judicial practice, because our country hasn’t established in the true sense, more perfect public welfare lawsuit system, resulting in a large number of illegal administrative acts of endangering the state’s interests and social public welfare. Therefore, the protection of public interests problems aroused people’s great attention, administrative public welfare lawsuit became a hot issue of legal science research. To establish administrative public welfare lawsuit system must first solve the problem of prosecution main body, therefore, should give the procuratorial organs filed administrative public welfare lawsuit main body qualifications to become the important subject of legal theory and judicial practice.In our country, procuratorial organs as legal supervision organ, its basic duty is to maintain the existing law and order, protect the national interests and social public welfare from infringement. Therefore, endows the procuratorial organs filed administrative public interest litigation subject qualification is in line with the international trend of legislation to administrative public interest litigation prosecution main body, at the same time, compared with other prosecution main body, the procuratorial organ has incomparable advantages. Therefore establish the administrative public welfare lawsuit brought by the Procuratorial organs system, to safeguard national interests and social public welfare litigation procedure has become a urgency request. At the same time, combining with the present loss of state-owned assets in our country, the environment pollution tort, serious damage to national interests and social public events often occur, vest procuratorial organs with the author thinks that the administrative public interest litigation right of prosecution is extremely necessary and is feasible.This paper from the following several aspects to establish China’s procuratorial organs filed a preliminary conception of administrative public interest litigation system, the article structure is composed of the following five parts chapter9:The first part is chapter1introduction. In the introduction part, the author firstly introduces the purpose of this document, then from three aspects introduced the writing significance of this paper, through literature at home and abroad about the procuratorial organs filed administrative public welfare lawsuit system, is proposed in this paper, research methods and innovation points.The second part, including chapter2,3,4. Introduces the theoretical basis of administrative public welfare lawsuit brought by the Procuratorial organs, namely, the concept and characteristic of administrative public interest litigation and China’s procuratorial organs filed the necessity and feasibility of administrative public interest litigation, and put forward China’s procuratorial organs filed basis and legal theory analysis of administrative public interest litigation.The third part, including chapter5,6,7. Analyzes the present situation, problems and the cause of the administrative public welfare lawsuit system, introduces the advanced experiences of foreign administrative public welfare lawsuit system and the reference in our country, the procuratorial organs filed in China is proposed and the important role of administrative public welfare lawsuit system.The fourth part is chapter8. On the basis of the foregoing content, respectively from the procuratorial organs filed administrative public interest litigation case scope, process Settings, related system as well as relief program, proposed the construction of China’s procuratorial organs filed administrative public welfare lawsuit system’s advice.The fifth part is chapter9.The end of the article is a conclusion part, points out the relevant conclusions of this study and existing deficiencies.