A Comparative Study On The Administrative Public Interest Litigation System In Procuratorial Organ

Abstract:In order to avoid damaging the public interest, it’s necessary to establish administrative prosecution system. The fourth plenary session of the party’s eighteen definitely raised "taking an explorision to establish the system of prosecutors lodging an administrative prosecution". As our system of law is lack of the administrative public interest litigation, we mainly study foreign ripe theory、legislation and legal precedents during the process of research.This paper centres on four parts for discussion:Chapter 1 defines the subject qualification of procuratorial organ in the administrative public interest litigation. This part analyses the establishing standards ang law of the subject qualification in foreign prosecution system, and discusses the rationality of prosecutor becoming accuser. Then, according to the five theories of prosecutor’s legal status in accuser, this part proves prosecutor should file a suit as a identity of the administrative public prosecutor. Foreign legal stipulates prosecutor file a suit as accuser or the public representative identity.Chapter 2 analyses the scope of accepting cases on this system. It compares with the meaning of the scope of accepting cases、foreign legal provisions、three patterns and confirmed standard, which establishes the foundation for further research on related issues of legal proceedings.Chapter 3 compares with the differences in foreign administrative public interest litigation and system by procuratorial organ. It mainly researches on pre-trial procedure、the burden of proof and judicial procedure. It analyses the foreign advanced administrative public interest litigation system.Chapter 4 states foreign enlightment to China. Firstly, filing administrative public interest suit has important value; Secondly, foreign countries restrict the subject of litigation in legislation and procedure;Lastly, future legislation should train creative, strengthen the supervision of procuratorial power over executive power. Futhermore, we should make sure the principle and way of prosecutors lodging an administrative public prosecution.