Study On The Participation Of The Procuratorial Authority In The Administrative Public Interest Litigation

In recent years,the illegal adm inistrative acts of the administrative authority or the administrative om ission have been ser iously harmful to the interests of the national and the public interest,such as the loss of state assets,serious ecological environment pollut ion and the threat from food and drug safety to people's health,which attracts close attention from all walks of life.In order to protect the national and public interest,the National People's Congress began to explore the emergence of the administrative public interest lit igat ion system after passing the On the decision to authorize the Supreme People's Procuratorate to carry out pilot work of public interest litigation in some areas on July 1^st,2015?hereinafter referred to as the"pilot decision"?.After two years of pilot,procuratorial authority has achieved remarkable results and effectively protected the national and public interest.Therefore,the Standing Committee of the National People's Congress made the decision to amend the civil procedure law and the administrative procedu re law on June 27^th,2017.Which marks formally established the administrative public interest lawsuit system initiated by People's Procuratorate.However,the problems arising from the participat ion of the Procuratorial authority in exper imental unit of administrative public interest lawsuit are controversial in the legal field.These disputes have not been terminated by the amendment of the administrative procedure law.Therefore,it is necessary to study and summarize these problems,and put forward suggestions to make improve administrative public interest lawsuit system as far as possible.In writing this article,the author divides the thesis into three parts,the introduction,the text and the conclusion.The main body of the text includes four chapters,the first chapter starts with the basic theory of take part in the administrative public interest lawsuit of Procuratorial Authority,it introduces the concept,characteristics and functions of administrative public interest lawsuit as well as the legal basis and necessity for procuratorial authority to participate in administrative public interest lit igat ion.The second chapter is mainly divided into three parts.combining the specific judicial cases and the current legislat ive status,and mainly analyzes the issues of Pre-litigation,lit igat ion and after litigation in the participation of the People's Procuratorate in administrative public interest lawsuit.The third chapter mainly which are mainly reflected in def ining the principle of prosecution,appropriately extend ing the source of the clue and the scope of the case,establishing a Pre-lit igat ion behavior preservation system,rationally distribut ing the burden of proof,clarifying the withdrawal rules and formulating the procuratorial authority's consequence in the losing a lawsuit,putting forward“damage compensation”litigation request at the right time,execution and supervision after lit igat ion by puts forward some suggestions to improve procuratorial authority's administrative public interest lit igat ion system.