Research On The Prosecution Main Body Of Administrative Public Interest Litigation In China

Along with the rapid development of social economy, the continuous expansion of the powers of administrative organs, administrative organs in the process of administrative law enforcement does not perform laws and policies, abuse of power, administrative monopoly, dereliction of duty and other not as chaotic as the problem has been a common occurrence, not only damage the government image and the dignity of the law, but also to the national and social public interests caused significant losses, urgently awaits to be solved. Individual citizens legitimate rights and interests of the executive organ violation can be to the people's court filed administrative proceedings, but for not specific for the majority of people in the social and public interests by illegal administrative behavior damage, by whom to maintain need a special legal system to protect the administrative public interest litigation system came into being. Administrative public interest litigation system mainly includes the bear suit subject, scope of the case, the burden of proof, procedure, responsibility and other litigation, administrative public interest litigation plaintiff is to determine primary problem need to be solved. The party's fourth plenary session adopted the "CPC Central Committee on promoting the rule of law in certain major issue decision" clearly put forward "to explore the procuratorial organs filed public interest litigation system", which is the procuratorial organs as the administrative public interest litigation plaintiff pointed out the direction. It is feasible and necessary to explore the establishment of the administrative public interest litigation system as the main body of prosecutionFor the activities of administrative public interest litigation refers to citizens, legal persons and other organizations that administrative subject not exercising functions and powers or the existence of illegal behavior in the process of exercising their functions and powers, against the state, social and public interests or the possibility of infringement, the act or result of though and its no direct interest relationship, but for safeguard national and social public interests, and by the specialized agency of individuals or legal provisions, apply to the people's Court of claims, by the court according to the administrative procedure law trial.Many countries in the world have established the administrative public interest litigation system, according to their own national history and national conditions, the provisions of the administrative public interest litigation is not the same. From the point of view of the present situation of our country, the citizen and social organization as an administrative public interest litigation sued the body there are many practical problems, procuratorial organs as the national legal supervision organs, brought the administrative public interest litigation in the legal localization, the feasibility and the functional effects have obvious advantages. Administrative public interest litigation and the traditional administrative litigation, representative litigation has both connections and differences, in the evidence system, procuratorial organs filed administrative public interest litigation and enjoys the independent right of investigation and evidence collection, in the proceedings shall generally be setting the pre procedure, the scope of accepting cases should also make necessary definition, prosecutors filed the administrative public interest litigation has many specific problems need to study and improve the system.