Study On Prosecution Standards Of Public Interest Litigation

Recently,the institution of administrative public interest litigation has been established in china,and got results in protecting public interest and state interest.However,there are many big problems between investigating and prosecuting apparatus and administrative organ about prosecution standards of administrative public interest litigation in practice.Procuratorates' prospection to standards of government's action is different from the result of government's action in the legal procedure before the v.It resulted many organs can't avoid being prosecuting,in spite of performing obligation actively,it also resulted the legislative intent of legal procedure before the v.to divert the cases can't be achieved.At present,China's administrative public interest litigation litigation standards are unclear laws and regulations,the procuratorial organs have greater discretion,litigation parties have different understanding of the situation.This is mainly due to China's administrative public interest litigation in the early construction of the supporting legislation is relatively weak,resulting in unclear provisions;The examination standard of the procuratorial organ is relatively high,but the administrative act has certain complexity.The loose review of prosecution by the court and the coincidence between the standard of conduct judgment and the standard of prosecution in the pre-litigation procedure result in the procuratorial organ having greater discretion on the standard of prosecution,which all restrict the development of the administrative public interest litigation system in China.Therefore,it is necessary to establish a clear standard for prosecution.The litigation standard of administrative public interest litigation is affected by the difference of the subject status of litigation,the need of fact review procedure,the interest value of protection law and the economic benefits of litigation.The standard of reasonable prosecution is applicable in the public interest litigation in Germany and the United States.It requires that only when the procuratorial organ can explain that the performance of the administrative organ can not achieve the purpose of protecting the public interest and the court has the necessity,can the administrative public interest litigation be filed to the court.