The Procuratorial Organ Initiated A Study On The Administrative Public Interest Litigation System

With the rapid development of economy and the continuous expansion of government authority,the public interest in the field of food and drug safety,which is closely related to the life of the citizens,has been repeatedly violated;many public spirited citizens’ individual and social groups try to bring the administrative public interest litigation.However,due to China’s "administrative litigation law" does not require the administrative public interest litigation system,most of the courts are not interested in the relationship between the plaintiff and the administrative act,will be excluded from the majority of cases.Although the expansion of the administrative power caused substantial damage to the public interest,but because of the lack of the system,the public interest cannot be protected by the judicial relief program.The academic and practical departments have called for the procuratorial organs to perform the function of legal supervision,supervise the administrative actions of the administrative organs,and protect the public interests of the damage.In practice,the procuratorial organs have begun to explore the administrative public interest litigation,since 2014 the first mention of administrative public interest litigation cases so far,has handled a number of administrative public interest litigation,administrative organs to correct illegal administrative acts,protect against the social and public interests,and achieved good results.This paper adopts the method of literature analysis,empirical analysis and comparative analysis,based on the collection of a large number of documents and cases,combined with the procuratorial organs for the public interest litigation experience,by drawing on advanced foreign legislative experience,the article analyses the necessity and feasibility of prosecution of administrative public interest litigation,explains the theoretical basis the legal status of the procuratorial organ and the administrative public welfare lawsuit,the inspection agencies involved in home specific procedures for the administrative public welfare lawsuit to make a comprehensive design.