Research On Preventive Administrative Public Interest Litigation System

China’s current administrative public interest litigation system has the nature of ex post relief,that is,the procuratorate can only bring administrative public interest litigation against illegal administrative acts after the public interest has been infringed.This ex post relief is reflected in the current administrative public interest litigation system,as well as in the judicial practice of administrative public interest litigation.Under the premise of ex post relief of the current administrative public interest litigation system,the means of ex ante relief of public interest is relatively scarce.Most of the public interest is difficult to make up for the characteristics of relief after the event,and most of the public interest is related to the interests of non-specific subjects,the consequences of public interest damage is more serious.The current administrative public interest litigation system with ex post relief is difficult to achieve the purpose of comprehensive relief of national interests and social public interests,so it is necessary to establish a preventive administrative public interest litigation system to relieve public interests.Thus,when the illegal act has not caused damage to the facts,the procuratorial organs initiate administrative public interest litigation in order to prevent the actual infringement of public interests and maximize the protection of national and social public interests.Generally speaking,preventive administrative litigation is a kind of ex ante right protection mechanism,which challenges the concept that administrative litigation is a right relief mechanism after the event.At present,the concept that administrative litigation can only be understood by ex post relief is still very influential,but it is no longer a principle without exceptions in theory or practice.In addition,there are many theories to support the construction of preventive administrative public interest litigation system.The construction of preventive administrative public interest litigation system can also meet the needs of the legal practice of administrative public interest litigation system,mainly can be divided into two aspects,on the one hand,to provide more rights relief means for personal interests and public interests,so that the loopholes of rights relief means are reduced.On the other hand,the construction of preventive administrative public interest litigation system has also improved the current administrative litigation system to a certain extent,and has played a certain role in improving the legal system of our country.In the construction of the specific system of preventive administrative public interest litigation,mainly through two aspects of the systemdesign to improve.On the one hand,the design of substantive system,whose main content is the applicable conditions of preventive administrative public interest litigation,that is,under what circumstances,the public interest needs to be relieved in advance.Under what circumstances,the public interest can not be ex ante relief.On the other hand,it is the design of procedure system,which mainly includes the specific procedure of the operation of preventive administrative public interest litigation system.Through the exploration of the specific system of preventive administrative public interest litigation.In order to achieve the purpose of protecting the public interest in an all-round way.