On Procuratorial Organ In Administrative Litigation Of The Plaintiff's Qualification

In recent years, as the social and economic interactions, in the field of administration, administrative power gradually huge, touch the interests in the field, continued to expand, resulting in the executive authorities of the administrative act due to public interest events occur frequently, however, in the areas of litigation, administrative acts by the public interest may be damaged or has been damaged, how to seek judicial remedy has no explicit law required that the establishment of administrative litigation system is imperative. But if you want to create your administration system,'implementation of the common interests of judicial relief, first to resolve the problem of the accuser. I support the procuratorial organs as plaintiff instituted administrative litigation.This article is divided into three sections discuss procuratorial organ in administrative litigation of the accuser. From the administrative litigation qualification in analyzing the concept of connotation, on becoming the administrative litigation of type comparisons, and procuratorial organs should be instituted administrative litigation of the dominant power, and from traditional litigation theory of breakthrough, the introduction of the new theory, the prosecution theory, and theoretical analysis of procuratorial organs as administrative litigation. From domestic and international legislation, real judicial environment summarizes the procuratorial organs as the administrative litigation of realistic basis.The first part, the authors of public interest, administrative litigation, the plaintiff's qualifications, eligibility of administrative litigation is set forth in such concepts as the view that you want to establish the administrative litigation, first of all, to broaden the scope of traditional accuser, the plaintiff's qualifications as a on people's legal ability. On this premise, civic, social organization, the Procuratorate, public interest lawyers may become administrative litigation. The author believes procuratorial organs should become the dominant power, the advantage is that highly and higher legal literacy, and is representative of the State and the public.The second section, the author from two headings procuratorial organs as administrative litigation support the theory.First, on the concept of breaking through traditional litigation, traditional litigation idea that plaintiff qualification means a restriction, regardless of whether the proper party theory or v. interests are theoretical requires that entities subject to the rights on the subject of litigation and has a direct interest. But as the social reform, the traditional theory of obsolete, the author believes should break through the original theory, update Outlook, in the interests of Action confirmed that the parties, objective, litigation and other theory, to widen the accuser to provide theoretical support.The second, produced by the prosecution, the development and analysis of the nature of property, and introduce the Chinese public prosecution to think the procuratorial organs of the public prosecution in the field from the code of criminal procedure should be extended to the administrative areas, as national legal supervision of the authorities, to maintain the public interest. The introduction of checks and balances theory, the Procuratorate is actually a product of powers and checks and balances, as a public authority, should the Executive hinder, supervision of the Executive law administrative duties, creating a legal and orderly society. Through this two-pronged analysis, emphasizing the theory of procuratorial organ in administrative litigation of the accuser has theoretical basis. The third part, through the introduction of domestic and international legislation and judicial environment in China that the Procuratorate administrative litigation has a realistic basis and prerequisite for the facts.First, on administrative litigation of the plaintiff's legislative provisions include the United Kingdom, the United States, Germany, France, the corresponding provisions of the law, regardless of whether it is a national law or common law countries, the Administration has a certain degree of development, their common focus is based on the purpose of protecting the public interest, in the administrative litigation of the less traditional litigation concept has. These breakthrough for our legislation establishing administrative litigation system, development of the country's.administrative litigation is a very good reference. Although these countries at the national power system, administrative aspects and there are a. number of differences in China, but China's censorship and the country's public representative system is very similar. The establishment of administrative litigation of the legislative system, gives the procuratorial organs administrative litigation qualification has many implications.Secondly, the Constitution provides for the Procuratorate is the legal supervision authority, the provision of procuratorial organ become administrative litigation laid the foundation of the Constitution. General administrative procedure law provides for procuratorial organ in administrative procedure law, but the supervision of the supervisory authority is limited to the procuratorial organs on illegal administrative decision or ruling of, the author believes that the limitation and supervision of latency, should be expanded on the understanding that make up the legal gaps, the procuratorial organs of the Authority extend to supervision, that is, before litigation is unlawful administrative act in the public interest, can lift the administrative litigation, so that maintaining public interest and the full realization of the legal oversight functions.China's current judicial environment to bring the administrative litigation lays a realistic basis, provides factual premise. In some departments method such as the trademark law, anyone can become a lawsuit against review determinations of when the plaintiff, that is, even if the opponent is a trademark of objection and have no legal interest. This provision actually broke the tradition of China's accuser applicable to the accuser has expanded explanation, not limited to, the original complainer. In addition, the public events that led to the violation. In our country, through administrative protection of and is that generally include the national public interest, the public or groups in the public interest, a level playing field of public order, etc. In real life, there are a large number of public interest have been infringed through judicial relief, more typical of a State-owned assets, the loss of environmental resources, facilities, public implementation of administrative issues such as the price of monopoly. But the above problem by China's existing administrative law, but could not find the appropriate judicial remedy. These painful fact to bring the administrative litigation provides factual premise.Third, discusses the procuratorial organs as administrative litigation system prospect that procuratorial organ in administrative litigation, its legal status should be the public prosecutor, belonging to the program in the sense of the plaintiff. Bring the administrative litigation should follow the program run out of principle, seriously start administrative litigation procedure. In the scope, should be defined in a greater impact and usually no specific relative realm, including damage to public interests, no specific victim administrative act and the Act. This article is mainly from the above three parts to expand, detailed analysis of the Prosecutor in the public interest litigation in the accuser's connotation, theoretical basis and practical Foundation. With a view to achieving the perfect in theory, thus guiding purpose of judicial practice.