Study On Scope Of Accepting Cases Of Administrative Public Prosecution Of China

Rencently, public interests is infringed by administrative act has become a public problem ,it concerned by all walks of life of country, how to correct such illegal action through judicial means is a prominent problem of administrative procedure development.,it also basic elements of construct of socialism legal system and harmonious society . Introducing administrative prosecution procedure, using administrative litigation procedure correct illegal administrative behavior which violation of public interests ,and prevent executive power abuse by way of power restricting power .Only this , can effectively solve such social contradictions. However,the properties of administrative public prosecution and its restricts the scope of accepting cases of administrative prosecution basically. This paper analysis the content and features of accepting cases of administrative public prosecution's scope, and generalizes three basic principles should be followed by administrative public prosecution, and put forward the quotable opinion for administrative public prosecution system.The scope of accepting cases of administrative public prosecution is the cases scope of procuratorial organs can bring the cases of violation of public interests to court. On the surface, the scope of accepting cases of administrative public prosecution is one of the conditions of the case is filed by procuratorial organs .Essentially ,it embodies the purpose and content of restrict the administrative public prosecution's power and safeguard human rights of set up administrative public prosecution system, reflects the judicial power involve of executive power breadth and depth in protecting public interests . Scope of accepting cases of administrative litigation system is a unique problem, rooted in administrative public proceedings' dural value in state system, one is to protect citizens' rights and basic human rights by way of correct the act that violation of administrative law; On the other hand is control of misused executive power to violate legality of class rule, and then make administration power and jurisdiction power restraining each other and harmonious coexistence in limited tension. The duality of its value pursuit determine the scope of accepting cases of administrative public prosecution different from administrative private prosecution, its scope will surely has the limit. This article determine the necessity of the scope of accepting cases of administrative public prosecution from the present situation of China's public interests protection and defcts of current administrative litigation's scope.The second mainly explains the basic principles that to be followed of the scope of accepting cases of administrative public prosecution , determine the framework of accepting cases of administrative public prosecution by form of basic principles overally.First determine the administrative act in violation of the provisions of laws through "administrative illegal principle" , exclude the non-authority act that not endorse authority and obligation, delineate out act that discretion by the laws .Second,analysis the connotation and denotation of public interest by the method of summarized and analytical, exclude the illegal administrative act that violated certain most person's interests ,this behaviour not extensive and universal. Finally, ruled out administrative public procedure is filed by administrative counterpart through "tolerance principle",establish administration supplement relief of administrative public procedure . Three principle is the basic system to determine the scope of accepting cases of administrative public prosecution, its object is infringe of the public interests,its element is violates laws and regulations, the scope of accepting cases of administrative public prosecution is administrative infringement which no one filed. Meanwhile, eliminate the scope of accepting cases of administrative public litigation which is prescribed by the administrative litigation law. In establishing the basic principles of the scope of accepting cases, should combining with China's reality,determine the scope of accepting cases of administrative public litigation,its include illegal,omissional and abstract behaviour which violate public intrests and no one filed.The article believes the scope of accepting cases of administrative public litigation should be expanding and rich gradually in theory, In reality ,the scope of accepting cases of administrative public litigation is limited in the constitution and effect.