A Research On The Administrative Public Welfare Litigation Raised By Procuraturial Authority

In the field of contemporary administration,there are more and more violations of civil rights,such as illegal administration,abuse of power and administrative omission,which damage the interests of the state and the society as well as the image of the government.From the operation of the current supervisory mechanism of administrative power Look,people's congress supervision only pay attention to the macro,administrative supervision can not play a real role in restraint,supervision of the trial is passive,social supervision of the lack of strength.Therefore,under the circumstance that it is difficult for the current supervision mechanism to supervise administrative acts in all aspects,it is necessary to establish a mechanism for supervising administrative power through litigation and to supervise the executive power in all aspects with other supervisory mechanisms.However,the administrative public interest litigation has been established in our country,which can supervise the administrative power as the external control power,but the administrative public interest litigation system needs to be better perfected to play its role.This paper studies the basic theories of administrative public interest litigation,the comparative study and reference from outside the country,the practice and the legislation to explore and improve the ways and methods of our country's administrative prosecution system.Although China's newly revised Administrative Procedure Law has added provisions on administrative public interest litigation,I think it only provides a few specific lists of the scope of the litigation,but does not stipulate the specific procedures of administrative public interest litigation.Therefore,the problems to be solved in this article are as follows: First,the position of procuratorial organs in administrative public interest litigation should be clear.Although the "Administrative Procedure Law" proposed that the procuratorial organ may bring an administrative public interest litigation,the legal status of the procuratorial organ is not reflected in the law.However,the status of the public litigant of the procuratorial organ is only decided upon by the Standing Committee of the National People's Congress in order to authorize the prosecution's public interest litigation,The Supreme People's Procuratorate pilot program is reflected.Second,to expand the scope of administrative public interest litigation.Through judicial interpretation and case guidance systems,administrative public interest litigation can be brought about in the case of contradictions and strongsocial impact.Third,improve the basic procedure of litigation.Including the front,before the law,the prosecution,the various stages of the proceedings and so on.Fourth,a clear prosecution of the burden of proof.Whether the administrative act is legal or not is still the responsibility of the administrative body that has made the administrative act to bear the burden of proof.The procuratorial organs bear the burden of proof on the illegal facts of the administrative act,the consequence of the damage and the causal relationship.Solving these problems not only lay the foundation for the establishment of administrative public interest litigation system in our country,but also provide the system guarantee and the way for procuratorial supervision.