Study On The Administrative Public Interest Litigation System In Procuratiorial Organ

At present,with the continuous development of economy and society,the influence of executive power on people’s life is becoming more and more important,which is related to all aspects of people’s life.The initial setting of executive power was to protect the public interest,but it often appeared to harm the public interest during its exercise.Because the administrative public interest litigation system is not yet perfect,although the public interest is repeatedly violated by the administrative act,it cannot seek relief through normal judicial means.In the face of the reality,the fourth plenary session of the 18 th CPC central committee proposed to "explore and establish a public interest litigation system for procuratorial organs".Subsequently,the supreme people’s procuratorate established the pilot program for public interest litigation by procuratorial organs according to the authorization,and carried out pilot work in some areas of Beijing,shanxi and other 13 provinces and cities.On June 27,2017,after two years of practice,the administrative public interest litigation finally entered the administrative procedure law.On March 2,2018,the supreme people’s court,the supreme people’s procuratorate jointly issued "on the procuratorial public interest litigation cases to explain some issues of applicable law.The promulgation of relevant laws and judicial interpretations provides an important guarantee for China’s administrative public interest litigation.In this paper,combining with the existing judicial practice to explore,demonstrates how to build China’s procuratorial organs filed administrative public welfare system,mainly discussed from the following several aspects: first,the research background of our country to establish the administrative public welfare lawsuit brought by the procuratorates,comb the process of establishing administrative public interest litigation system in China,and analyzes administrative public interest litigation related researchresults at home and abroad.Secondly,the core concepts such as public interest and administrative public interest litigation should be clearly defined,which provides an important basis for the argumentation of the main points of the thesis.Third,the analysis of procuratorial organs as the only plaintiff in China’s administrative public interest litigation has legal and realistic legitimacy,and demonstrates the urgency and feasibility of establishing administrative public interest litigation in China.Fourth,combined with the practice and characteristics of the administrative public interest litigation pilot work,analyzes and discusses the existing in the pilot work of the lack of specific procedure,administrative nonfeasance of standard fuzzy,procuratorial organs problem such as the heavy burden of proof.Fifth,to perfect the administrative public interest litigation to provide some thinking,mainly related to the status of procuratorial organ determination,the establishment of the scope of accepting cases,the perfection of before litigation procedure and ensure the rights of the public prosecutor,etc.