On The Status Of Procuratorial Organs In Administrative Litigation Of Public Interest

In 2015,the Standing Committee of the National People's Congress promulgated the Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Procuratorate to Carry Out Institution of Public Interest Litigation in Certain Areas(Hereinafter referred to as authorization decision),instituting the public interest litigation institution leading by procuratorial organs.The latter's status in litigation is identified as public interest litigants.This paper interprets the status of public interest litigants of procuratorial organs from the perspective of environmental administrative litigation of public interest.The first chapter introduces the history of the procuratorial organs as public interest litigation participants?the issues of prosecution in administrative litigation of public interest practices and related theoretical disputes,and refreshes the general situation of prosecution litigation status in normative,judicial practice and theoretical research.The second chapter discusses the connotation of public interest litigants,and its connotation includes:firstly,public interest litigants are the prosecutor of administrative prosecution.The procuratorial organs shall,on behalf of the state,prosecute the acts of the administrative organs which are in violation of the rule of law and realize the purpose of safeguarding the national interests.Secondly,public interest litigants are the prosecutor to protect the public interest.The first protector in the line of public interests is the administrative organs,the prosecution's status in the pre-litigation is the supervisor of public interest protector.When the administrative power is in the "dormant" state in the field of environmental protection,the procuratorial organs can be substituted for the administrative organs to assume responsibility for environmental protection.Once the court verdict comes into effect,the procuratorial organs shall return the power of protecting the public interest to the administrative organs and restore the status of the supervisor of public interest protector.Thirdly,public interest litigants are the prosecutor to rescue personal interests.Jurisprudence,normatives and judicial cases reveal that the prosecution also has the space and the possibility of prosecution when there is a direct interest party.The third chapter discusses the influence of the status of public interest litigation on judicial practice.In the distribution of the burden of proof,the prosecution should not be different from plaintiffs of administrative litigation for its special nature.The claims shall be consistent with procuratorial advice.It is forbidden that claims which are not in procuratorial advice are filed in litigation,otherwise the court should not support.When the prosecution prosecutes first and the private does the same later,the court should make different referees according to different situations.The fourth chapter elaborates the principles that the procuratorial organs should follow in the administrative litigation of public interest,including the principle of authority and principle of due process.The procuratorial organs shall maintain modesty in order to conform to the status of public interest litigants.