Procuratorial Organs To Bring Up Administrative Public Interest Litigation System Construction

With the continuous progress of the country's judicial reform,the legal system in China has become more and more perfect,and citizens' private interests have been fully protected by the law.therefore,the public began to pay more and more attention to the protection of the public interest of the country.In the modern society where the economy is developing rapidly,the administrative power is expanding day by day.At the same time of safeguarding social public order,the inaction and misconduct of the administrative organs brought about by it also greatly damage the public interest.At this time,there is an urgent need to improve relevant legal systems.To improve this situation.Therefore,the administrative public interest litigation appeared in the public's view in this context and became an important measure to supervise the daily activities of administrative agencies and correct illegal activities of administrative agencies.However,China's current improvement in the socialist legal system is still at a constant stage of exploration.How to rationally and effectively run the administrative public interest litigation system to achieve the purpose of safeguarding the public interest of the country,the first problem to be solved is who to choose as the administrative public interest litigation.The appropriate subject.If more subjects are given the qualifications to bring lawsuits,although this can effectively protect the public interests of the country from being harmed by various ways,the abuses caused by the lawsuit cannot be avoided,which is not conducive to the effective use of judicial resources.Moreover,if the prosecution qualification is given to the general body,since the counter-balance of the administrative public interest litigation is an administrative agency with an unbalanced status in reality,after careful consideration and screening,the subject qualification of the administrative public interest litigation will be conferred on the procuratorate of China.the best choice.After nearly two years of reform pilots and judicial practice,although the prosecution of public interest litigation has achieved good experience and remarkable results,but at the same time can not ignore the system still has many problems such as the lack of procedures and the unsuccessful operation of the system.Even though the new amendments have legislated the administrative public interest litigation system and legally recognized the subject qualifications of the procuratorial organs,the contents of the amendments have not been involved in the construction of the administrative public interest litigation system,and two years have involved the prosecution of administrative public interest litigation.The laws on which the pilots are based has no clear procedural rules for the administrative public interest litigation system.Therefore,the academic community should focus its research and discussion on the construction of the litigation system and actively explore and perfect the procedural process of the system,including the scope of the procuratorate's acceptance of the case,the pre-litigation procedure,the litigation procedure,and post-action relief.,procedures,and so on,to achieve the fundamental realization of the purpose of safeguarding national interests and social public interests,so that our country's socialist legal system will play a more active role.