Research On Rules For Instituting Administrative Public Interest Litigation By Procuratorial Organs

With the rapid socio-economic development, the social areas and interests involved by the administrative organs in exercising their administrative powers become increasing. In recent years, we frequently see the phenomenon that the illegal administrative acts of the administrative organs violate the public interest. At present, there’s no specific legislation provision thereon in China, therefore such administrative acts are "free from legal supervision.Around the power of legal supervision endowed to the procuratorial organs by the Constitution, this paper analyzes the necessity and feasibility of instituting administrative public interest litigation by procuratorial organs in China according to China’s current legal status and referring to the overseas legal system, thereby makes a study, from defining the legal position of the procuratorial organs, instituting conditions, procedure design and obligation of obtaining evidences, with respect to building the system of instituting administrative public interest litigation, fully playing the legal supervision function of the administrative organs and protecting the public interest by legislation and thereby guaranteeing and promoting ’the construction of a harmonious society.