The Study On The Administrative Public Interests Litigated By Procuratorial Organs

In practice the dereliction of duty or unlawful act of the administrative leads to the violation of the public interests,however,the citizen or the subject with no direct stake could not protect their interests via litigation.In view of the above,our country put this into practice by the way of the NPC Standing Committee authorizing public interest litigation of procuratorial office.After the expiration of two years pilot period,civil and adminstrative litigation law become the contents of the above system formally and also the establishing the legal qualification of the procuratorial office.From the fact of trial,the administrative litigation take the absolute predominance of all the litigation percentage.In prospect,with the establishment of the above system the numbers of administrative public interest litigation will increase,but the issues arising from the trials could not be solved thoroughly and this will become an important judicial issue.At present we should quicken the step of the summarizing the pilot practice,solve the controversial problems in time and perfect the related auxiliary law for this system in order to promote the healthy development of this law.The text could be divided into four chapters.Chapter One is the system overview.First,from the definition of the public interests,emphasizing the public interest in administrative public interest litigation should mean the interests of unspecified subject,and also point out the purpose and binding effect of public interest,proposethe definitive of the subject and the compensatory and precautionary characteristic of the function.Second,the establishment of the legal subject of the procuratorial office for the litigation enjoy the high acceptance from the society.The grassroots procuratorial office is the direct subject with the characteristic of pre-litigation supervision procedure and dual supervision of jurisdiction and executive powers.Based on the status quo of the administrative law,constitution principles and the practice at home and abroad,discussing the development of the system.Finally,we put forward that anti-corruption could play an important role,protect the authority of the judicial and promote the satisfaction of the proper value of the procuratorial office in our country with the avoidance of the further discussion of system values of protecting the public interests.Chapter two is about the practice case analysis.During the key links of the administrative public interest litigation sued by the procuratorial office.“The issues found during the execution of duty should adjust to the real conditions in the time of the reform of supervision committee and investigation of crime by taking advantage of duty for new explanations,the pre-litigation as for one part of the public interest litigation,should not be matched with the supervision of administrative enforcement of law,should be distinguished.The understanding of preliminary material certification should be unified,the existence of the grassroots organs as the direct subject for the public interest litigation has its advantages and inevitability,the court decision of public interest litigation,The support of the claim of the litigation is for the winning of the suit,the right of the drop of the suit should be set up,the litigation sued by the procuratorial organs hasn’t gained the support of the court reflects the loss of the case,this will be the inevitable issue during the juridical practice in future.Chapter three is about the analysis of the issues encountered in practice.First,we advance the following elements from the view of the theory,because of the lack of the deficiency of the independence of the procuratorial authority in history,the negative effects brought by the over expansion of the procuratorial authority,the uncertainty of the litigation rights and duties under the controversy of the legal status.Second we present the difficulties during the litigation practice because of the inadequacy of theprocuratorial organs for the reform preparation and the lack of the specific provisions for the litigation procedure.Finally,we analyze the reasons for the above issues from perspective of the outside surroundings and inner conditions of procuratorial organs,from the outside surroundings,the specific law and regulations could not accommodate with the establishment of the system because of the deficiency of the litigation subject and the understanding of the society,in the view from the interior of the procuratorial organs,there exist two aspect reasons,one is the administrative procuratorial function,the other professionals.Chapter four is the suggestions and considerations of the improvement of this system.First from the view of strategy of ruling the country by law we carry out the study of the status and function of the administrative public interest litigation,present that playing the role as law supervisor to launch the preliminary work and gradually to become the role as the administrative public prosecutor.Second,it is pointed out that the legislative of the perfect and coordination of supporting laws and regulations is to postpone the revision of amendments of the concrete contents of Administrative Procedure Law,speed up the formulation of judicial interpretation to support litigation development and NPC Standing Committee should give out the judicial interpretation for the controversial issues and advance the own view for the procedural prerequisite,burden of proof,litigation risk of the programming problems.Finally the procuratorial organ is the key link of this task,its internal should carry out the task by multiple ways.