Inspection And System Construction Of The Procuratorial Organ’s Participation In Administrative Public-Interest Litigation

If specific state organs,social organizations,administrative organs or organs authorized through laws and regulations do harm to public interests,a lawsuit shall be filed to the People’s Court in the name of safeguarding public interests.The administrative public-interest litigation refers to a kind of administrative litigations to safeguard public interests when the behavior of administrative subjects does harm to public interests.In the administrative public-interest litigation lodged by the procuratorial organ,the procuratorial organ is the subject and the purpose is to safeguard the public interests damaged by the administrative subjects.In speaking of constructing the administrative public-interest litigation system in China,the procuratorial organ has incomparable advantages which meet the need of socialist rule of law and does good to the supervision and restriction of the administrative power.During the two-year trial period,the procuratorial organ had made some progress in exploring how to file the administrative public-interest litigation so as to effectively safeguard public interests.However,there were still a series of problems when it comes to procuratorial organ filing the administrative public-interest litigation.Problems are but not limited to unclear role orientation,unclear litigation rights and lack of litigation procedure.And the causes include the fuzzy definition of the relevant concepts of the administrative public-interest litigation,the limitations of the traditional standard litigant theory,and the lack of legal basis.Therefore,to improve the administrative public-interest litigation system lodged by the procuratorial organ,we should make clear the status of the procuratorial organ when lodging the administrative public-interest litigation,enlarge the case scope of the administrative public-interest litigation,perfect the process settings of the administrative public-interest litigation lodged by the procuratorial organ and standardize relative systems about the administrative public interest litigation lodged by the procuratorial organ.