Study On The Administrative Pubic Interest Litigation System In Procuratorial Organ

Because of the environmental resources protection, public interests and publicfacilities such as public property benefit need, our country in recent years a numberofadministrative public interest litigation cases, have great influence on society. In2014, the latest revision of the "administrative procedure law" has beenpromulgated, the newly revised law gained widespreadacademic acclaim, unfortunately, the new law is notabsorbed into the system ofadministrative public interest litigation. In judicial practice,there have been the chiefpublic prosecution in our current legal precedent, but has not expressly provided, theprocuratorial organs is lawless. Eighteen session of the Fourth Plenary Session of theparty clearly put forward in the establishment of public interest litigation idea, I exercisethe procuratorial organs in accordance with the law at this time,the study and discussionof the administrative public interest litigation is very meaningful and necessary.This paper firstly studies the meaning of public interest, by comparing to thestate, private interests, reveals the characteristics of public interest, publicinterest orientation to giveclear, that the administrative public interest litigation iswhen the social public interest to suffer from the administrative organ damage, has theright to sue the subject can representthe public welfare lawsuit onthe. Secondly, through the analysis of the positioning of theprocuratorialorgan law litigation trust theory, constitution, expounds the legal basis. Onceagain, from the supervision of administrative organs demonstrates the significance ofthe research, from the protection of public interests view of the practical needof the study, to illustrate the feasibility of the research in this paper from the overallquality of foreignexperience, the prosecutor team. The procuratorial organ is the judicialorgans of China,exercise the right of public prosecution of criminal cases oflong-term construction for many years, system and talent reserve, make its have become the subject of all conditions of the administrative public interest litigation, is the bestchoice. Finally, combined with China’sprocuratorial organs of the legal supervisionduty, for the procuratorial organs to participate in the administrative public interestlitigation procedure rules, and puts forward some thoughts of the author’s own. Thequalification of the subject in legal advice to give procuratorial organs filed thelawsuit, but also should stipulate the procuratorial organ is the participation ofadministrative public interest litigation to the prosecutor’s role; at the same time weshould selectively learn from foreign successful experience, and put them withour social system in contrast, designed corresponding system.In this paper, by using the method of comparativeanalysis, research method, literature research method, historical analysismethod, system analysis, analysis of the jurisprudencefrom the perspective of theprosecution authority to supervise and litigation trust theoryreflects innovation.