Research On The Prosecution Of Administrative Public Interest Litigation

In recent years,with the rapid development of economy,the administrative power is expanding,the escort of social development at the same time,the administrative organ action also greatly damage the public interest and private interest litigation,although the public interest is closely related to the public,but because of the lack of direct stakeholders can not be protected by the way of litigation,the traditional mode of administrative litigation should not meet the need,administrative public interest litigation emerge.The administrative public interest litigation refers to when violations include administrative acts and omissions have been or may aggrieve the public interests,to safeguard public interests,the law permits the differential state organs,social organizations and citizen arouse the system of administrative litigation to the court.In fact,many foreign laws such as Britain,France,the United States and Italy have provisions of administrative public interest litigation,for example in the UK system of litigation,,there is a mixed procedure using the public law name to protect the private rights litigation,specifically refers to the Attorney general in other people’s injunction or declaration order find a bill to prevent some kind of illegal action.Citizens,social organizations and office of the public prosecutor is eligible to arouse the administrative public interest litigation.Because of the office of the public prosecutor engaged in legal work,the constitutional supervision functions of the law,has a great advantage in the investigation,can be very good for the administrative organ to compete,also can avoid the abuse of litigation to a certain extent,thus have right to arouse administrative public interest litigation,which is the main reason of the author selected the subject.In this paper,the author discusses the theoretical basis,the specific system construction and the problems encountered in the process of bringing up the administrative public interest litigation,to provide some suggestions for its development and improvement.With the continuous development of the administrative public interest litigationsystem,policies and regulations on administrative public interest litigation system in our country was also increased gradually.In 2014,the CPC Central Committee in the fourth Plenary Session of the 18 th CPC Central Committee through the "decision" of the CPC Central Committee on promoting a number of major issues of rule of law documents proposed the establishment of prosecution of administrative public interest litigation system,in July 2015 the National People’s Congress proposed the "standing Committee of the National People’s Congress on Authorizing the Supreme People’s Procuratorate in parts of the pilot administrative public interest litigation decision",followed by the Supreme People’s Procuratorate also proposed pilot program,these policies provide further support for the prosecution of administrative public interest litigation.A year and a half of the pilot in the administrative public interest litigation in 13 provinces and cities in the country to see the fruitful results at the same time,also let us see the system encountered difficulties,how to solve these problems,will determine the administrative public interest litigation system success.On the prosecution of administrative public interest litigation system,the feasibility of the system has been inconclusive.The disputes mainly focus on the position,the scope of the case,the way of the lawsuit,and so on.For the prosecution of administrative litigation when the current status of the public prosecutor,the administrative public interest litigation,the plaintiff,the plaintiff and the legal inspector double identity range for the case statement,adhere to the scope of administrative litigation,with the same general argument in several typical concentrated areas,there are ways that a lawsuit can be made prosecutors filed active and passive filed two views.At present,there is less research on the difficulties and solutions of the administrative public interest litigation brought by the prosecution after the trial.Through reading a lot of literature,journals,and papers,on the basis of induction,firstly obtained by administrative actions seriously damage the public interests of the society including ecological environment,land resources,state-owned assets,about the administrative public welfare lawsuit appeal is gradually on the rise.In the three main bodies of administrative public interest litigation,the inspection organ is the main body of the administrative public interest litigation because of itsown advantages.On the system of public interest litigation filed by the prosecution,the United Kingdom,France,the United States and other countries has performed for many years.But in our country from 1997 Henan Fangcheng County procuratorate sued the Dushu county administrative office for industry and commerce state-owned assets loss case of the first domestic prosecution of administrative public welfare lawsuit to Jinsha County procuratorate sued Jinsha County Environmental Protection Bureau,later to the recent case of Guangzhou Baiyun District Procuratorate by Guangzhou Municipal Bureau of land resources and Planning Commission,Baiyun District City Management Bureau,Baiyun District Agriculture and forestry bureau do not perform their statutory duties mentioned three administrative litigation cases,administrative public interest litigation cases prosecutors have filed is not in the minority.To provide a great help to the domestic and international theoretical and practical experience for the administrative public interest litigation system development,making the prosecution system in theory and the construction of administrative public welfare lawsuit system gradually clear up.This article from the Guizhou Jinsha County prosecutor’s office sued Jinsha County Environmental Protection Bureau of the first domestic prosecution of administrative public interest litigation case to start,leads to the prosecution of administrative public interest litigation system.After a brief overview of the course of the development of the system,a detailed description of the theoretical basis and practical needs of the prosecution of administrative public interest litigation.Next,the author gives a detailed description of the basic system of the administrative proceedings,such as the principle,the status,the scope of the case,the mode of action and so on.Finally,through a summary of the administrative public interest litigation pilot situation in a year and a half,the current difficulties of the system are obtained,and put forward own views on these difficulties.