Research On The System Of Administrative Public Interest Litigation By The Procuratorate

In recent years,administrative public interest litigation,represented by a large number of cases in the field of ecological environmental protection,has been carried out on a large scale in our country.The administrative public interest litigation system is a new thing after the Fourth Plenary Session of the 18 th CPC Central Committee put forward to explore the establishment of procuratorial organs to institute public interest litigation system.In the context of the multiple realities of the lack of law,maintenance of public interest,and protection of civil rights,combining the functions of the procuratorate itself and exploring the establishment of a public prosecution system initiated by procuratorial organs has become a general trend of governing the country according to law.This also coincides with the conclusion that our country has shifted from a period of high-speed growth to a stage of high-quality development in the new era,and it is in keeping with the goal of the party and the country to continue to pursue happiness for the Chinese people and rejuvenate the Chinese nation.Therefore,under the background that the current administrative public interest litigation pilot project has ended and the country has already started the process of administrative public interest litigation,how to sort out the accumulated experience and problems in the practice process,and further study and analyze and improve the system,The development of one-step work to form effective guidance still has important theoretical and practical values.This paper discusses the relevant issues in five parts.First of all,for the introduction part,the important analysis of the origin of administrative public interest litigation,the development of administrative public interest litigation in China,as well as the purpose and significance of this study,lay a foundation for the follow-up study;secondly,Expounding comprehensively the basic theory of procuratorial organs to initiate administrative public interest litigation,including the concept and characteristics of administrative public interest litigation and the legitimacy of procuratorial organs to initiate administrative public interest litigation;thirdly,Then,the author discusses the practice of procuratorial organs in bringing administrative public interest litigation and the focal problems encountered,analyzes the basis of practice and the present situation of work,and concludes that procuratorial organs bring administrative public affairs.The predicament of benefit litigation.In a word,it is embodied in four aspects: the theory of prosecution,the link before lawsuit,the link in action and the link after suit.Finally,the concrete situation of the four aspects mentioned above is discussed.This paper analyzes the relevant system design and puts forward the corresponding perfect path.This paper hopes to discuss and analyze the above problems in detail.It can provide some enlightening help for the establishment and subsequent development of the administrative public interest litigation system initiated by the procuratorial organs in our country.