Administrative Public Prosecution System

Administrative public prosecution system is used to protect social and public interests.It's a legitimate basis for the procurators to sue the administrative organizations and itspersonnel infringe upon the public interests or the threat of the illegal behaviors. TheAdministrative Procedural Law in China now has no specifications on the administrativepublic prosecution system, and the theorists also have different opinions on it. The researchon this system not only benefit to protecting social and public interests, but also do good tothe development and perfection of the administrative suit system.There are amount of phenomenon that violate the public interests in our daily life, andlack of resort to law. Due to the insufficient protection of the public interests, this thesisaims to specify the obligation of the main body and procedures, namely the procurators arethe main obligate body, according to our country's relevant laws, they could be able to makethe administrative public prosecution as soon as illegal behaviors that administrativeorganizations and its personnel make are found.This thesis is based on the discussion of the concept of the administrative publicprosecution, the being legal principle and practice basis, as well as the value of theadministrative public prosecution system, combined with various theories such asmanagement, sociology, comparison theory and analytics. The main focused on why weshould build administrative public prosecution system and how to fulfill it. Firstly, itanalyzed the necessity and probability of the construction of the administrative publicprosecution. And then, put forward that it is only the procurator could be the main suitor,civilian, juridical person or other organizations have no right to be the suitor. It specifiedadministrative public prosecution system is independent and at last, this thesis makes aelaboration on the administrative suit process problems such as regimentationand trial,judicial procedure, burden of proof and so on and so forth.