To Analyze And Improve The Proposal Of The Administrative Public Interest Litigation System In China

With the implementation of administrative public interest litigation pilot work,the pro-curatorial organs around the public as a representative of public interest,one after another in the pilot areas of the administrative organs of the case against the public interest to investigate and sue.Through the prosecution proposal,filed administrative public interest litigation,the pro-curatorial organs stop some of the administrative organs of unlawful infringement,prompting the executive authorities to actively perform their duties,so that the damaged public interest can be restored and remedy.However,due to the short pilot time,the relevant provisions are not yet sound,so the system in the course of the operation there are still some problems,such as administrative public interest litigation case is too narrow to take some of the major public interest to take into account the case,a single easy to cause the maintenance of public interest lag,the prosecution itself lack of supervision of the case and so on.The problems arising from the operation of the administrative public interest litigation system also aroused the concern of academia.Scholars' focus on the study of administrative public interest litigation began to change from its necessity and feasibility to the reflection and perfection of the current system.By drawing lessons from the relevant experience of mature countries in the administrative public interest litigation system.we should expand the scope of public interest litigation cases,broaden the sources of cases,supervise the pro-curatorial organs to lend their duties.Properly solve some of the problems in the current pilot work,so that more serious damage to public rights and interests of illegal acts or omission as a judicial review,so that the administrative public interest litigation system continues to play and play the desired effect,and then promote the pilot work in the country.The text is divided into five chapters.First of all,through the introduction of two cases of the Revenge Field in Guangming New Area and the collapse of Qijiang Rainbow Bridge,the author puts forward that there is a lack of supervision in the administrative public interest litigation system,The realization of the purpose of the system.Chapter 2 and Chapter 3 of the administrative public interest litigation pilot work carried out more than a year since the implementation of the situation,the relevant concepts were sorted out,and clearly improve the meaning of China's administrative public interest litigation system.In the fourth chapter,through the comparative analysis of the administrative public interest litigation filed by the citizen individual and the civil litigation and the public litigation,this paper discusses the reference of the resident litigation system to our country by combining the scholars' eligibility to grant the citizen's personal administrative litigation plaintiff qualification.In the fifth chapter,according to the shortcomings of the pilot work of administrative public interest litigation in our country,the author puts forward the corresponding suggestions to perfect the administrative public interest litigation system in our country.