An Empirical Study On The Prosecution Of Administrative Public Interest Litigation

Since human society entered in the 20 th century,due to the failure of the market's adjustment mechanism,executive function in the modern society started to change,and then the expansion of executive power has caused.In recent years,as the GDP administrative examination system,The government's inaction has damaged the national interests and social public welfare.Thus,in the face of national interests and social public welfare of the infringement and infringement risk,how to use legal means to provide protection and relief,explore the effective mode of litigation relief,gradually became the focus of attention from all walks of life.In this background,in October 2014,18 by the fourth plenary session of the party on comprehensively advancing the rule of law "certain major issue decision" proposed "exploring the procuratorial organs filed a public interest litigation system",the legal protection system for the national interests and social public welfare explore pointed out the direction.To promote the policy implementation,the standing committee of the National People's Congress,in the form of legal authority authorized procuratorial organs become filed a public interest litigation the eligibility of subject.But for our country to explore the construction of administrative public welfare lawsuit system,legal science appears larger controversy for a long time.Today,the administrative public welfare lawsuit brought by the procuratorates pilot work is nearing an end.With pilot experience,promote the improvement of the administrative public interest litigation legislation and judicial system is imminent.Because of this,this article around the law about the administrative public interest litigation system to build the theoretical controversy,combined with the related theory and outside related legislation,China's procuratorial organs filed the administrative public welfare lawsuit system has carried on the empirical research,in order to help in administrative public interest litigation system in our country's legislation and judicial practice work.Four chapters in this paper,the main points of the construction of administrative public interest litigation system of our country and the judicial practice.The second chapter to China's procuratorial organs filed the administrative public welfare lawsuit practice exploration situation of introduction,mainly elaborated the current legislation and law enforcement of administrative public interest litigation in our country,and select the baishan city people's procuratorate v."area of health and family planning bureau and the snowland area hospital the administrative incidental civil public interest litigation as a typical case.Third chapter for the procuratorial organs filed administrative public interest litigation in our country related theoretical issues with the comb,mainly discusses the necessity of constructing administrative public interest litigation system,the procuratorial organs filed to the rationality of administrative public interest litigation subject qualification.The fourth chapter to combine related cases and the current administrative public interest litigation legislation and judicial practice,to improve the system of administrative public welfare lawsuit brought by the procuratorates Suggestions and system building.Finally,this chapter according to the specific system of administrative public welfare lawsuit brought by the procuratorates build some Suggestions were put forward.