Investigation Power Of Procuratorial Organs In Administrative Public Interest Litigation

Administrative public interest litigation is not only a theoretical problem,but also a practical problem,the pilot work for the right to establish the foundation of administrative public interest litigation.Procuratorial organs since given filed a public interest litigation rights,really contributed a lot in the field of public welfare,especially in actively made a lot of contribution for the social public welfare charity,involving illegal cases more harmful consequences range investigation difficult,especially in administrative litigation apartment,in the front of the administrative organ to administer public affairs,Getting evidence is harder.At the same time,investigating and gathering evidence has become a very weak link in executive apartment litigation.Provisions of civil judicial explanations,other organizations and the administrative organ shall cooperate in procuratorate investigation cases concerning public welfare,but there is no regulation,judicial interpretation on the survey of citizens,and other organizations and administrative authority,if not timely cooperation prosecutors to investigate and obtain evidence shall bear the legal responsibility,refused to cooperate with inspection organs investigation activities,Evidence is the key to the trial and final judgment of public interest litigation cases.However,due to the system and the related law is not complete,the administrative public interest litigation case scope in case clues sources should be how to choose,is also a need for investigation and analysis on the present situation,starting from these issues,the administrative public interest litigation system to reflect on the reality of the existence of dilemma,is also an important prerequisite for the institutional improvement.The investigation right of procuratorial organs in administrative public interest litigation is studied and analyzed in terms of its nature,orientation and dynamic logic chain.Because the current law of Our country does not make clear provisions on the procuratorial organ’s right of investigation in the field of administrative public interest litigation,there is a great controversy in the theoretical and practical circles about whether the procuratorial organ enjoys the right of investigation in the field of administrative public interest litigation.The investigative power is an important means for procuratorial organs to realize the function of legal supervision and relieve the public interests of society,which should be confirmed by law.The procuratorial organs’ investigation power of public interest litigation is still weak and cannot meet the actual needs of administrative public interest litigation.The complexity of public interest litigation itself determines that the procuratorial organs must be endowed with greater investigative power.It has the right to take compulsory measures if the investigation objects do not cooperate.In order to remedy the problem of the legal basis of procuratorial organs’ investigative power in the field of administrative public interest litigation,it is necessary to pass legislation to clarify the scope of accepting cases in public interest litigation,and provide compulsory protection for powers without compulsory protection,such as the right of supervision and investigation.Without changing the position of the court in the written judgment,compulsory measures such as fine or detention may be taken against the persons who obstruct the execution or trial,so as to clarify the management responsibility of the defendants in administrative public interest litigation.