A Study On The Administrative Public Interest Litigation Under The Theory Of Objective Litigation

To meet the increasing need of environmental protection,the NPC Standing Committee authorized the Supreme People's Procuratorate to carry out public interest litigation in some provinces.In the less than two years,this pilot work has achieved good results,the number of public interest litigation rising sharply.The pilot work is achieving its original goal to protect the national interests and public interests,which focuses on ecological environment and resource protection,it regards the administrative public interest litigation as a breakthrough point,and uses the pre-trial proceedings to supervise the administrative organs to perform their duties according to law.These Procuratorates developed different working modes,but there are still constraints on the working mechanism,position of the authority,scope of the authority,which need deeper reachers on the basic theory for its promotion.This paper focuses on the research of the objective litigation attribute of the administrative public interest litigation and its influence on the proceeding such as proof activity,through empirical research,quantitative analysis,literature reading,etc.This article is divided into five parts.Chapter1 introduces the relevant concepts and the trials of public interest litigation.Chapter2 demenstrates the administrative the theories of objective litigation,the subjective attribute of the administrative procedure code of China and the objective nature of administrative public interest litigation.Chapter3 demenstrates how the public interest litigation work under the theory of objective litigation.Chapter4 shows that China's administrative litigation has double goals and only one kind of plaintiff the procuratorate.The role of the prosecutor is so prominent that its proof activity has different characteristics from the common administrative litigation.In Chapter 5,the paper tries to give a probable path to the future development of administrative public interest litigation.