Study On The Legal Issues Of Administrative Public Interest Litigation By Procuratorial Organs

In recent years,social problems in the fields of ecological environment and food and drug safety have caused public demand and promoted the administrative public interest litigation.From 2014 to 2015,we explored the establishment of the public interest litigation system for procuratorial administration,and then to 2017,we revised the law to establish the system and comprehensively push it forward.The prosecution institution of our country initiated the administrative public interest litigation system from scratch,which has gone through four processes: top-level design,two-year pilot,legislative establishment and comprehensive implementation,and walked out a path of public interest protection with Chinese characteristics.From the perspective of pilot and comprehensive promotion,the current administrative public interest litigation in China has achieved remarkable results,but there are also some problems,such as the strict limitation of the scope of cases,many public interest objects are not included in the scope of protection,and the subject status of procuratorial organs is not clear.Starting from the research background of administrative public interest litigation,this paper expounds the era background and practical research significance of this system,analyzes and summarizes the research status of academic circles at home and abroad,and concludes that administrative public interest litigation has developed earlier and improved in major capitalist countries,and the administrative public interest litigation in China started late,the basic theoretical research is weak,but the development is fast and has Chinese characteristics Conclusion.Then,starting from the theory of public interest litigation,the paper defines the public interest,expounds the concept,characteristics of public interest litigation and the differences between public interest litigation and other litigation,discusses the necessity and significance of establishing the public interest litigation system of procuratorial administration in China,and holds that the public interest litigation of procuratorial administration is the requirement of the modernization of national governance system and governance capacity.Secondly,based on the reality of public interest litigation cases handled by the procuratorial organs,combined with the power allocation and case handling data of the procuratorial organs,using the tools such as charts,tables,cases and so on,this paper makes an empirical study,and concludes that there are problems such as the narrow scope of accepting cases,unreasonable case structure,lack of rigidity in investigation and evidence collection,etc.Then it analyzes andproves the legislative practice and existing problems of public interest litigation in procuratorial administration.Finally,the author puts forward six suggestions to improve the public interest litigation system of procuratorial administration,such as strengthening legislation,reasonably distributing the burden of proof,and establishing the investigation system of supervisory organs.