Procuratorial Organs Filed Administrative Public Welfare Lawsuit System Construction

The public interest litigation system has been established in the civil procedure law, which brings hope and hope for the establishment of administrative public interest litigation system. In October 2014 eighth session of the Fourth Plenary Session "on comprehensively promote the rule of law certain major issue decision" (hereinafter referred to as the decision) clearly put forward "to explore the establishment of a procuratorial organs filed public interest litigation system, but also to establish a comprehensive construction of our country administration public welfare litigation system sounded the clarion call for the prick punch. In fact, in the United States and Japan and other developed countries, the administrative public interest litigation has become a mature litigation mode, and without exception, the procuratorial organs in the administrative public interest litigation plays an important role. Although the theory of administrative public interest litigation in China started late, but the results of research. This article will start from the basic theory of administrative public interest litigation, based on the comparative study of foreign experiences, and seriously consider China’s current legal framework, the establishment of public interest litigation system under the current situation and obstacles. And to grasp the opportunity to reform the judicial system, the procuratorial work as the end result, charge and actively explore the system of public interest litigation system construction, and put forward specific ideas. In order to further improve the level of administrative procuratorial supervision, and better serve the socialist legal system construction. This paper is divided into four parts:The first part describes the basic concepts of public interest litigation, public interest, public interest litigation, and analyzes the elements of administrative public interest litigation, and further consolidate the theoretical basis;The second part is to compare the administrative public interest litigation system in the United States, Germany, Japan, Germany and Japan. The key point of the study is to analyze the common characteristics of the administrative public interest litigation system, and to provide reference for the establishment of public interest litigation in our country;The third part, deeply revealing China’s current administrative public interest litigation development lags behind, in administrative litigation prosecutorial power disposition flaw, focuses on the analysis of China to establish the prosecution filed administrative public interest litigation is faced with obstacles;In the fourth part, the paper puts forward the feasible way to establish the procuratorial organ to bring up the administrative public interest litigation, and puts forward the concrete idea of establishing the public interest litigation system.