Research On The Legal System Of The Administrative Public Interest Litigation By The Procuratorial Organ

October 2014 the fourth Plenary Session of the 18th CPC Central Committee"on comprehensively promote the rule of law a number of major issues" hereinafter referred to as the decision)made clear "to explore the establishment of procuratorate public interest litigation system",bring the hope and the dawn to the establishment of the administrative public interest litigation system.In December 2015,according to the "decision" of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Procuratorate to carry out the pilot work of public interest litigation in some areas,the Supreme Procuratorate passed the"implementation measures" pilot work of people's Procuratorate filed public interest litigation,to try to construct the procuratorial organ specific procedures of administrative public interest litigation system.Modify the provisions of the"administrative litigation law" formally adopted by the twenty-eighth meeting of the Standing Committee of Twelfth National People's Congress on June 27,2017,to amend the administrative procedure law of twenty-fifth,clearly increased the prosecution of administrative public interest litigation system.Since then,the legal system of administrative public interest litigation instituted by the procuratorial organ as the plaintiff has been formally established in China.It has sounded the clarion call for the overall construction of China's administrative public interest litigation system.At the same time,the legislation is relatively conservative,the administrative procedure law is revised administrative litigation system into the door,but the specific how to walk into the door,and the specific procedures after entering the gate is not clearly defined,it is easy to cause the judicial confusion,is not conducive to completely protect public interests.All this remains to be discussed in the theoretical circle to form a consensus.The theoretical research on administrative public interest litigation in our country started late,and many problems have not been unified.However,foreign countries ruled by law,such as the United States,Britain,Germany and France,have built a perfect administrative public interest litigation system,and prosecutors play an important role in administrative public interest litigation.So,this paper will be based on the basic theory of the administrative public interest litigation,further elaborated the administrative public interest litigation procuratorial organs as the premise of selecting the rationality and necessity of the main prosecution under the analysis of the current administrative litigation in judicial practice,and under the background of judicial reform,put forward concrete suggestions to perfect the procuratorial organs of the administrative public welfare lawsuit the system,to achieve the protection of public interests really,promoting administration according to law and the purpose of setting.This paper is divided into six parts:The first part is the introduction.It shows that the author finds out the reasons for the research and the practical significance of the research,summarizes the relevant literature and scholars' viewpoints,and briefly expounds the basic writing methods of the article.The second part,consolidation of theoretical foundation.First,the paper discusses the connotation and characteristics of public interest litigation,and explains the basic concepts of administrative litigation and characteristics,then further elaborates the related legal basis:litigant theory,litigation trust theory and litigation theory.The third part,to explore the feasibility as the main body of the administrative public welfare lawsuit and the necessity of the selection of China's procuratorial organs,for the analysis of the necessity of public interest,mainly from the perspective of administrative law,civil rights,the feasibility analysis is to compare the procuratorial organ as plaintiff than citizens,social organizations as the superiority of the plaintiff.The fourth part discusses the prosecution of legal system of administrative public interest litigation,the practice of administrative public welfare lawsuit from the current procuratorial organs,discuss the reason of procuratorial power configuration defects in administrative litigation and administrative public interest litigation development lags behind,the main problems include unclear legal status,the scope is narrow,lack of specific procedures related rights,imperfect,inadequate allocation of procuratorial power.The fifth part,administrative public interest litigation system of Britain and the United States,Germany,France,focuses on the analysis of the administrative public interest litigation system of various countries in common,summed up the experience for the establishment of China's procuratorial organs of the administrative public welfare lawsuit for reference;The sixth part discusses the specific construction of the system of procuratorial organs filed an administrative public interest litigation,mainly from the main body status,mode of litigation,the scope of litigation,litigation procedure and litigation rights,the prosecutorial power,the procuratorial organs put forward specific ideas establishing administrative public welfare lawsuit system.Pressure...