A Study On The Pilot Issues And Countermeasures Of Administrative Public Interest Litigation In Procuratorial Organs

In recent years,China' s ecological and environmental pollution,loss of state-owned assets and a series of serious damage to the public interest of the negative events are common,people are increasingly concerned about the protection of public interests,the establishment of public interest litigation system has become a hot topic of academic research,especially the establishment and improvement of the People' s Procuratorate to bring the issue of administrative public interest litigation system,but also become the focus of scholars in recent years."The Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Administration by Law" in the Fourth Plenary Session of the 18th Central Committee of the Party,made it clear that "the establishment of the People's Procuratorate to bring public interest litigation system".According to this policy,the Standing Committee of the National People' s Congress has authorized the Supreme People's Procuratorate to carry out public welfare litigation pilot work in some areas in the form of "decision" with the highest authority of the state.At the same time,the research on the administrative public interest litigation filed by the procuratorial organs has the practical experience of the pilot work.This paper discusses the relevant issues in three parts,and puts forward some suggestions on how to improve the administrative public interest litigation system of the procuratorial organs in combination with the practical experience of the pilot work.The first part is the theoretical part,introduce the theoretical basis and practical basis of the system.The second part analyzes the current situation of the pilot work,including the analysis of the problems and the causes of the problems in the pilot work,and paves the way for the next part of the problem solving.The third part is intended to solve the problem of the scope of the case,the principle of prosecution,the source of the case,the burden of proof and other issues,put forward the corresponding recommendations.This article hopes to explore and analyze the above issues in detail,for the establishment of China ' s procuratorial organs instituted administrative public interest litigation system to provide some inspiring help.