The Difficulties And Outlet Of The Administrative Public Interest Litigation System In China

In recent years,with the society’s attention to the protection of public interests,the administrative public interest litigation system emerged.On June 27,2017,the administrative public interest litigation system was established in the administrative procedure law of the People’s Republic of China.The work of administrative public interest litigation initiated by the procuratorial organ is advancing steadily in our country.However,the system has encountered some difficulties in the process of pilot and formal operation.The reason is that the administrative public interest litigation system is still not perfect.Based on this,this paper selects 480 judgment documents that people’s courts heard during the period from the pilot date of administrative public interest litigation system to the end of November 2018 to test the administrative public interest litigation system in practice.First of all,starting from the basic theoretical basis of China’s administrative public interest litigation system,this paper discusses the development process of China’s administrative public interest litigation and its legal basis,thus laying a foundation for the study of this paper.In the second chapter analyzes 480 written judgment,in combination with the specific content of judicial documents,found in the practice of the administrative public interest litigation in the following dilemma:procuratorial organ litigation status localization is unclear,the scope of accepting cases action is too narrow,under both the burden of proof distribution is unknown,procuratorial organs have heavy tasks to do,before litigation procedures and proceedings paper analyzes,in addition the procuratorial organs investigation resistance is big,the verdict doesnot reach the designated position.In view of the above problems,this paper puts forward corresponding Suggestions: first,to improve the relevant legislation of China’s administrative public interest litigation system.It includes clarifying the litigation identity of procuratorial organs,expanding the scope of accepting cases,comprehensively applying the rules of burden of proof,broadening the scope of qualified prosecution subjects,and clarifying the convergence rules of pre-litigation procedure and litigation procedure.Second,improve the supporting mechanism of relevant systems.This includes strengthening the internal and external communication and coordination mechanism,implementing judgment execution,improving the supervision mechanism for handling cases,and strengthening the construction of talent team.