Discussion Of Issues Concerning Entity And Procedure Of Public Administrative Proceedings

Recently, the economy has been developed rapidly in China. Meanwhile, the communication between social subjects deepens constantly and the administrative power also expands constantly. Besides, it is common to appear the conflict between administrative act by administrative organs and public interest. However, the public interest cannot be infringed again, and therefore, corresponding system should be designed to prevent this phenomenon from happening. Nevertheless, the public interest is abstract in people’s life and work and there is not certain object of public interest, which makes the protection of public interest more difficult. Although there is administrative private prosecution system and post pretest system in procuratorial organs, they cannot meet the speed of social development now. Therefore, more efforts need to be made. With the expansion of function of modern administrative organs, the administrative act made by administrative organs is beyond the people but involved in specific public interest. In life, it is common to see the cases in which administrative organs infringes the public interest. The infringement of public interest by administrative organs is embodied in administrative malfeasance and administrative omission. These acts happen occasionally but there is corresponding laws to punish them, and it is not allowed in a legal state. The public administrative proceedings are achievement in legal system construction in China recently. It can solve the social issues puzzling experts and scholars in an effective way and is widely recognized by theory circle. Combined with the practice of justice at home and abroad, a set of feasible public administrative proceedings should be established to protect the public interest or national interest infringed by administrative act of administrative organs. What’s more, the specific issues about procedure of public administrative proceedings should be solved inevitably to establish the system of public administrative proceedings. Although “exploring and establishing public interest litigation system filed by procuratorial organs” is clearly put forward in the Fourth Plenary Session of the 18 th Central Committee, there are not relevant specific regulations in current laws, which make the public interest litigation system filed by procuratorial organs “not so easy”. In this thesis, it further defines the necessity and feasibility of establishing public administrative proceedings by way of analyzing and discussing three issues about proceedings of public administrative proceedings and proposes a beautiful prospect of establishing public administrative proceedings.