Study On The Administrative Public Interest Litigation System In Procuratorial Organ

The article focuses on analyzing the administrative public interest litigation prosecuted bythe procuratorial organ.On the basis of studyingthe theory of administrative public interest litigation,the concept of administrative public interest litigation is concluded.The administrative public interest litigation is an activity of prosecuting administrative litigation against the administrative behavior,which is illegal or improperly violating the public interest.Parties who have suit qualification in accordance with the provisions of the law could prosecute for the sake of public interest.Compared with the foreign administrative public interest litigation,the legal basis and practical feasibility of administrative public interest litigation prosecuted by procuratorial organs should be analyzed.The 45th session of the 12th procuratorial committee of the supreme people’s procuratorate filed public interest litigation measures for the implementation of pilot projects prosecuting by the procuratorial organ(hereinafter referred to as the\"measures for the administrative public interest litigation).The article 28 to 56 of theauthority have ruled in detail concerning the construction of administrative public interest litigation system,which makes the development of the administrative public interest litigation in our country enter into formal track,due to the fact that it particularly rulesthe clues concerning its sources,transfer,filing procedure,investigation to verify,the burden of proof,pre-litigation procedure and so on when procuratorial organs prosecuting a public interest litigation.It is the symbol that the construction of administrative public interest litigation in our country has preliminary established.On the basis of the studying in compared with the foreign theory,the author makes\"based on the scenario,China will position itself in the Chinese scenario,kick the detached world or drift outside the research main body inner orientation,implement in time and space and the height of the inner space and time\"come true.Combining with the reality of our country,the author makes research and analyzes in terms of the administrative public interest litigation in our country.Furthermore,the author illustrates the view regarding the methods to improve the system of administrative public interest litigation in our country for the sake of accomplishing the balance among the public prosecution power and administrative power,judicial power,and civil rights.