Study On Procuratorial Organs To Institute Administrative Public Interest Litigation

Due to its inherent advantages,administrative power has infiltrated every corner of the economy and social life and its impact has also been enormous.In the current judicial system reform,more emphasis is placed on the restriction and supervision of administrative power,and the independence of judicial power is emphasized.It is the interpretation of the independent administrative power of the judicial power that provincial-level judicial organs recuperate the funds of the judicial organs below the provincial level.However,how to exercise the legal supervisory power of the judicial organs better is an ongoing exploration process.It is in line with the law of public interest that the procuratorial organs bring the administrative public interest litigation lawsuit from the reality basis that the procuratorial organ lodges the administrative public interest litigation.It will be more objective that the prosecutorial organ will bring the lawsuit as a neutral organ and return to the constitutional position of its role.Make up for a long time prosecutors plaintiff the main body of the absence of the problem.From the feasibility of procuratorate instituting administrative public interest litigation,procuratorial organs have undergone a great deal of practical exploration since the reform and opening up.The academic circles have also conducted a great deal of theoretical exploration and accumulated a great deal of experience,highlighting the natural advantages of prosecution.According to the authorization of the Standing Committee of the National People's Congress,the Supreme People's Procuratorate successively promulgated the "Pilot Program of Administrative Public Welfare Litigation initiated by Procuratorial Organizations"and the "Procedures for Administrative Public Welfare Litigation initiated by Procuratorial Organs" to pilot the pilot projects in 13 provinces,autonomous regions and municipalities directly under the Central Government.As of June 30,2017,the Supreme People's Procuratorate held a press conference to announce the typical cases of the pilot projects and the results of the pilot projects.Through the analysis of the chart disclosed during the pilot period by the Supreme People's Procuratorate,the procuratorate procured the administrative public benefit The main features of litigation are the large proportion of administrative public interest litigation.The areas concentrated by public interest litigation are mainly the areas of ecological environment and resources protection.The pre-litigation procedure has achieved remarkable results.During the investigation of Anhui Procuratorate,52 cases were collected from the prosecutorial agencies in the pilot program of administrative public interest litigation in Anhui Province.Eleven typical cases were selected for analysis.It was concluded that all the sources of administrative public interest litigation cases in Anhui Procuratorate were fulfilled During the course of duty,the prosecutorial organs filed more cases of administrative public interest litigation.The defendants in the case were mostly the specific functional departments of grass-roots administrative organs.After the procuratorial organs in Anhui Province implemented the pre-litigation procedure,the litigation standards were not clear.The procuratorial organs in Anhui Province filed administrative public interest litigation Not subject to statute of limitations.In the course of the pilot program,the procuratorial organs brought the issue of imperfect legislation,case clues,pre-litigation procedures,investigative powers,and administrative public interest litigation in the public interest litigation system.Therefore,in the light of the combination of practice and theory On the basis of this,suggestions are put forward such as perfecting the legislation of procuratorial organs to initiate administrative public interest litigation,broadening the clues of case clues,perfecting pre-trial procedural mechanisms,perfecting investigative powers of procuratorial organs,and strengthening procuratorial organs to bring administrative public interest litigation.