Research On Administrative Public Interest Litigation Right

Administrative rights and interests refers to the law to give the prosecution in the administrative body of the illegal acts(including administrative acts and administrative omission)against social and public interests,in order to maintain social and public interests according to the law to ask the court to start the trial process power.Whether the procuratorial organs are both the judicial organs of our country and the legal supervisory organs of our country,and maintaining the existing legal order is one of the basic duties of the procuratorial organs.The general practice of most countries in the world is to grant the main body of administrative public interest litigation to the prosecution,which is increasingly becoming a legislative trend in other developed countries.The party held the 18 th Fourth Plenary Session clearly put forward in China to establish a prosecution in accordance with the law to raise public interest litigation concept,then in the country thirteen provinces to start administrative public interest litigation pilot work,today,administrative public interest litigation in many ways Have achieved results.It is also helpful to guide the judicial practice in the background of deepening the reform of the judicial system in our country at the same time.It can also provide an important theoretical guidance for the reconstruction of procuratorial power in our country.This article is divided into four parts to elaborate the administrative rights and interests of the procuratorial organs of our country:The first chapter of this paper analyzes the general principles of administrative public interest litigation and the general principles of the administrative rights and interests of the procuratorial organs,including its connotation and characteristics,and the power base of the administrative rights and interests of the procuratorial organs.The second chapter studies the present situation and the existing problems of the procuratorial organs in exercising the right of administrative public interest.Respectively,from the legislative and judicial practice of two aspects of China's procuratorial organs to exercise the administrative rights and interests of the status quo,and pointed out that the prosecution in the exercise of administrative rights and interests in the process of the existing problems.The third chapter starts from the study of the developed countries,mainly introduces the experience of the administrative public welfare right of the foreign prosecutors.Through the civil law system and the Anglo-American law system in several more representative of the relevant provisions of the country for the prosecution of the administrative rights and interests of the development of the provision of experience for reference.The fourth chapter puts forward the perfect opinion on the administrative rights and interests of the procuratorial organs,namely: clarifying the legal status of the procuratorial organs in administrative public interest litigation and perfecting the relevant legislation of administrative public interest litigation and the guarantee mechanism of procedural right of prosecution.