Difficulties And Suggestions Of Administrative Public Interest Litigation Initiated By The Procuratorial Organs In China

Illegal administration by administrative organs has occurred frequently in recent years,which has brought great impact to the public interest and affected the credibility of administrative organs.In order to avoid as much as possible the public interest being infringed by the illegal administration of administrative organs,it is necessary to increase the supervision for administrative organs.In this context,the exploration and construction of the system of procuratorial organs filing administrative public interest litigation have been put on the agenda,and the corresponding legal norms and judicial interpretations have been issued.Administrative public interest litigation has experienced a great leap forward development from trial to legislative guarantee,from social organizations to procuratorial organs.Some experience and achievements have been made in judicial practice,and the public has begun to understand and support the way of administrative public interest litigation to safeguard the national and social public interests.The main research object of this paper is the administrative public interest litigation system initiated by procuratorial organs in China.Through interdisciplinary comprehensive research method,case analysis method and literature research,this paper analyzes the current specific construction and operation of the system in practice.Combined with relevant investigation data,it objectively presents the overall situation of the work,analyzes the existing problems,makes corresponding combing and gives corresponding suggestions.The article consists of six parts.In the first part,the article introduces the social public interest protection issues embedded in the social events that have aroused widespread concern in the society,introduces the environmental background of the system and the significance of its study,and compares and explains the relevant domestic and foreign research.In the second part,we introduce the concept of administrative public interest litigation and the concept of administrative public interest litigation initiated by procuratorial organs,so as to provide a solid foundation for the subsequent study and analyze the theoretical basis for the construction of this system.The third part discusses the value and significance of the system of administrative public interest litigation instituted by procuratorial organs in the current social environment of China,and analyzes the current operation of the system in legislation and judicial practice.Part IV focuses on the operation of the system and analyzes the problems and shortcomings of the system.The fifth part points out the causes of these deficiencies and problems.In the sixth part,the corresponding suggestions for improvement are given in response to the problems identified in the previous section.