Study On The Administrative Litigation Of Public Interest Litigation Brought By Procuratorial Organs

September 2015,the first case of domestic non movable cultural relics protection of environmental public interest litigation,Zhengzhou Ma village case opened the cultural relics protection public interest litigation icebreaker trip.Ma village case reflects the current situation of China's severe cultural relics: heritage protection legal system is not perfect,the administrative organs of the lack of cultural relics supervision and restriction.How to make the cultural relics administrative litigation system,normalization,become suspended in the administrative overhead of "razor",is the priority among priorities of the cultural relics protection work.Under this background,the protection of cultural relics belong to the public interest litigation of the procuratorial organ category,what can the problems in cultural relics protection work,the procuratorial organs can bring administrative litigation for the protection of cultural relics have been put on the agenda.At present,the relevant legislation of our country and not on the prosecution of cultural relics administrative litigation to make specific provisions,but the cultural relics administrative public interest litigation has important significance for the current situation of cultural relics relief,and advantages of the procuratorial organs in litigation administrative organs when compared to the citizens and social organizations,should allow prosecutors involved in administrative litigation,can have the right to cultural relics administrative public interest litigation filed.But the procuratorial organs can have the right to bring cultural relics administrative litigation must follow strict procedures,this is because of the restriction of power must be carried out according to law in the right system,the procuratorial organs should be cautious,to fulfill their legal supervisory duties according to law,and does not affect the administrative power in social management services in the normal exercise.In 2015,the highest in the National People's Congress authorized to carry out pilot work,the procuratorial organs in some areas of the public interest litigation,affirms the procuratorate public interest litigation plaintiff qualification.However,the pilot approach to the prosecution filed administrative public interest litigation is more principled,slightly rough,there are still some problems need to be explored in the actual operation.In addition to the introduction and conclusion,this paper includes three parts.The first part is the introduction of the case of Ma Gu Cun,through a series of problems in the plaintiff qualification,litigation,litigation effect of reason Ma Gu Cun case,difference and choice between the application and the cultural relics administrative public interest litigation between environmental public interest litigation and public interest litigation,cultural relics and cultural relics of civil public interest litigation and administrative public interest litigation,procuratorial shut the machine before the action,this part mainly discusses the problems brought by social organizations is the cultural relics of the civil public litigation,leads to the analysis of the second part.The second part mainly demonstrates the legitimacy,feasibility and superiority of the procuratorial organ to bring up the administrative litigation of public interests.According to the current situation,the pilot work,filed a public interest litigation to the procuratorial organs of the Supreme People's Procuratorate to carry out the national cultural relics bureau to carry out the "legal violations special rectification action of cultural relics" thinking and summary,reference point of view: the prosecution should be filed through the cultural relics administrative litigation act in the preservation of cultural relics.The third part is to summarize and analyze the problems of the procuratorial organs in the administrative litigation of cultural relics.This part discusses the status of the procuratorial organs in the cultural relics administrative public interest litigation,puts forward suggestions on how to deal with the relationship between the procuratorial organs and administrative organs,social organizations,the court,in the litigation concurrence,mediation,limited application of procuratorial suggestions,for investigation and the burden of proof on specific issues such as proposal.The feasibility,this paper aims to analyze the prosecution of cultural relics administrative public interest litigation superiority,in the cultural relics administrative litigation of legal supervision of the duties of cultural relics administrative law enforcement,to correct the administrative illegal behavior,protect cultural relics of national interests,to provide reference for the future construction of China's cultural relics litigation system.