Prosecution Filed Public Interest Litigation Research

In the past years, the expanding of administrative power accompanying the social-economical change in the mordern society has led to increasd incidence of violation of public interest by administrative power. However, due to the abstractive and nonspecific nature of public interest, juridicial remedy are often powerless in these type of cases due to lack of proper juridicial mechanism. The in force system of Administrative private prosecution and Prosecution afterwards protest mechanism is out of date and completely powerless in protecting public interests being violated by administrative power.Currently, unlike most countries under the rule of law, no legislation was made and enforced in China regarding the issue of administrative public prosecution. Building a system for administration public interest juridicial system has become a major focus of the on-going administrative prosecution reform and academic research. It is widely agreed that building a administration public interest juridicial system is inevitable.building a administration public interest juridicial system is also supported by the authors, in the presented study, we focus on a pivotal aspect of administration public interest juridicial system, how and by who the administration public interest legal case should be initiated. Currently, it is widely believed that citizen、social orgization can be the prosecutor in administration public interest legal cases, however, we believe the public procecutors should be legally established as the procutors in these cases. In this paper, by analyze the break through of traditional prosecution theory, induction of new theory and the current situation of home and abroad legislation, argue the rationale of establishe public prosecutor as the prosecutor in administration public interest legal cases and at the same time, propose a practical design for a system in which public prosecutor is established as the prosecutor in administration public interest legal cases.