The Prosecution Organ And Establishmentof Administrative Public Welfare Action

At the beginning of the formulated in our country’s administrative procedural law, the legislature to prosecution organs to exercise legal supervision or there is greater restrictions, but along with the economic development, the executive power constant touch every nook and corner of society. Due to the constant expansion of the executive power, and at the same time corresponding the absence of the law has caused a lot of damage to the interests of the state, social interests and public interests of the administrative behavior emerge, so that the nation and the interests of the people suffer a loss. In order to deal with administrative behavior caused by the loss of public interests, have the opportunity to obtain the judicial relief, in the UK is already established by the attorney-general an administrative public interest litigation system, and in practice has been continuously perfect, at the same time, western developed countries have according to their own national characteristics develop and perfect the administrative public interest litigation theory and system.In recent years the advantages of administrative public welfare action aroused the Chinese academia and theoretical concern but for the scope of accepting cases, and filing of a subject, procedure, relief way is still all are of debate few involved in practice, though this but for our administrative public interest litigation call is increasing, the reason lies in the needs of the interests of the state or the public interests of the society a large number of loss and lack of the corresponding relief measures. Administrative law in China has been in force for20years, is China’s national conditions and the level of legislation, and the influence of the formulation of administrative law in China in the early is in a lower position, economic rapid development of20years, and with the corresponding administrative law is mark time, administrative power has penetrated into every corner of the social management, administrative power caused by the damage is few relief way and means more any talk about judicial relief the level.In this paper, such as Britain, Germany administrative public welfare lawsuit theory and practice developed countries to contrast method, puts forward the existing conditions in our country by the prosecution organ mention the possibility of administrative public welfare action, at the same time in the scope of accepting cases, litigation procedures and remedies are being introduced. In China’s procuratorial organs also called public authority, is the constitution of the laws of the state authority, in our country the status of public prosecution authority has been out of neutral position to a large extent is in not accuse ignore state at this point is very like a court, for national interests and social public interests are loss situation, should be the first time the public prosecution organs bring an administrative public interest litigation to protect the interests of the state from unnecessary loss, this is our country in the constitution stipulated in the prosecution organ position of one of the important reasons. Moreover the prosecution organs can be effective against the administrative authority of administrative power needs, in our country administrative power is expanding, not only has its own legislative power and jurisdiction, this makes the administrative behavior violated by the collective and individual could not find the way to relief, make social existence certain unstable hidden trouble, thus caused the lack of administrative power and expanding this is to the development of the country is unfavorable, and general social organizations or by government internal organization ACTS as the main body of administrative public welfare action identity, very vulnerable to administrative power of interference, contrast down only prosecution organs, as the main body of public interest litigation filed is the most suitable for an administrative public interest litigation of the subject.Administrative public interest litigation is not equal to administrative public prosecution and administrative public prosecution has certain similarity. First of all administrative lawsuit in private is at present our country administrative behavior are infringed upon the object of the remedy, but for those abstract administrative action but no corresponding lawsuit main body, more important is in last few years appear constantly bridge pour house collapse, cultural relic damaged,"take blood GDP" events emerge in endlessly, nostalgic, more serious is the administrative behavior is short of the corresponding litigation system and relief means that such behavior more proof. Secondly in the present under the situation of our country if let go of bring an administrative public interest litigation subject qualification words can cause disorderly lawsuit, judicial resources caused by the extreme waste, after all, to a certain extent, social organizations and individuals no matter from the theoretical level or litigation ability obvious differences. Finally the prosecution organ an administrative public interest litigation is not shoot at random of casually mentions, his mention there are strict case-accepting scope and the process of review and prosecution, these as criminal prosecution, the prosecution organs in neutral position he is representative of national position, only one objective is to safeguard national interests and social public interests. From this level see only prosecution organs as a administrative public interest litigation filed of main body is the most suitable.This article from the public interest litigious right as one of the administrative public welfare action litigation scope of administrative public welfare action from the three aspects of study, namely the public interest-the public interest litigious right-administrative public welfare rights relief as the main line to the research target, this paper put forward the public interest litigious right for administrative public interest litigation starting point, emphasizing on the public interest litigious right for entity and procedure as the foundation, demonstrates the establishment administrative public interest litigation aims to safeguard the interests of the state, ensure social wealth from bad administrative behavior infringement, highlights the social vulnerable groups to the right remedy. Reflected in the existing conditions of the public prosecution organs mentioned the important significance of administrative public welfare action.