On The Prosecution Right Of Administrative Public Interest Litigation

Administrative public interest litigation system is a very important legal system for ensuring the formation of good social operating mechanisms and for protecting public interest. Our litigation system, and no administrative public interest litigation, the Procuratorate Public Interest Litigation that the Chief Public Prosecution is to establish an important aspect of public administrative proceedings. This article will focus on the hot spots, with some theories of a trial in China to give the Chief Public Prosecution plaintiffs qualifications, to give the prosecution the Chief Public Prosecution. This is linked with the theory and practice of the method, there are a lot from China's current stage of the administrative law by the executive authorities and the public against the national interests and the interests of the facts, of Public Interest Litigation in China to establish the administrative mechanism to protect the public interest. At the same time also used this empirical analysis, refer to the relative maturity of developed countries have the administrative public interest litigation system and explore the establishment in the Public Interest Litigation in China, especially given the prosecution of administrative public interest litigation in the plaintiffs need for qualified and feasibility studies.This chapter describes the main points 5 Prosecution of how to create a Public Interest Litigation:Chapter 1 the background for the topic, significance, status and related issues of Review of relevant institutions abroad.Chapter 2 the need for the public administrative proceedings and the lack of relevant legislation, mainly to safeguard national interests and public interests and improve the two countries are engaged in administrative litigation system, the need for discussion of public interest litigation; from the Public Interest Litigation and related systems vision. Mainly analyzes the civil and social organizations and the prosecution of the plaintiffs qualifications; of the proceedings bear the burden of proof and litigation and enforcement of judgments in the way of the content. By comparing the various plaintiffs of the main advantages and disadvantages of Public Interest Litigation, the paper that the Chief Public Prosecution Prosecution is the main form of public administrative proceedings.Chapter 3 Starting from the developed countries study investigated the mainland and a few Anglo-American two legal systems are more representative of the main countries involved on the prosecution provisions of Public Interest Litigation.Chapter 4, analysis of the prosecutors involved in administrative public interest litigation legal basis, discusses the prosecution to establish the right of the prosecution of administrative necessity and feasibility.Chapter 5 discusses the involvement of prosecutors build administrative public interest litigation system, from the specific administrative acts of administrative prosecution involving the type and the types of cases, prosecutors involved in the position and when the Administrative Prosecution way, prosecutors involved in administrative safeguards public interest litigation given to other aspects of the administration of public right of prosecution made specific recommendations.