Research On Prosecution Standards Of Procuratorial Organ In Administrative Public Interest Litigation

The Administrative Litigation Law of 2017 added the clause of administrative public interest litigation filed by procuratorial organs,marking that the protection of public interest litigation in our country has entered a new stage.The construction of administrative public interest litigation system with Chinese characteristics is not only the result of exploration of long-term judicial practice,but also the localization development of the protection of public interest in our country.After two years of pilot work,the system of administrative public interest litigation is now widely promoted.The problems that need to be solved in the current phase need to be refined and analyzed.The prosecution standard is the embodiment of procuratorial organs' use of supervisory authority and the protection of public interest in the course of administrative public interest litigation.It is the key content in the initial stage of system construction and closely linked with other systems of administrative public interest litigation.In the process of bringing public interest public prosecutions,the procuratorial organs of the current stage mainly establish the relatively fixed method on the precondition that the standard of prosecution is actually detrimental to the public interest,and it is necessary for the executive authorities not to act illegally or to exercise their powers illegally.However,due to the different levels of prosecution authority over the prosecution standards,vague identification,and the academic community lacks the common view or mainstream opinion on the accusation standards,making the public interest protection has some differences,affecting the use of administrative power.The article uses this as a logical starting point to analyze the prosecution's grasp of the standard of prosecution,explores the impact and development of the standard on the administrative public interest litigation system,settles the perfection and prospect of the prosecution standard and related systems,and aims to provide a system for administrative public interest litigation Building ideas.The main body of the article consists of four parts.The first Part: Establishment of Prosecution Standard of Procuratorial Organ in Public Interests Litigation.By studying the cases of administrative public welfare litigation,the status quo of domestic research,legislation and policy documents,the article extracts two kinds of standards of prosecution,that is,prosecutes mainly on actual damage to the public interest and on the risk of infringing public interest by illegal administrative acts This paper points out the negative influence of risk prevention standards from the analysis of the two standards and demonstrates that the procuratorial organs have actually suffered from the public interest in the process of bringing administrative public interest litigation from three aspects: judicial practice,system design and policy-driven Prosecution standards.The second part: the prosecutorial administrative public interest litigation prosecutors standards components.In the judicial practice,the procuratorial agencies should grasp the standards of prosecution,analyze the factors that cause actual damage to the standard of prosecution,explore the main factors and other considerations,and the main factors include the damage to the public interest of the state and society,the existence of the administrative organ Illegal exercise of authority or omission and administrative power and the administrative power of public welfare damage between the size of the reasons for the size of the three sub-criteria constitute the necessary conditions for the actual damage criteria;other factors that cite three factors that affect the prosecution standards identified The main aspects,including the size of the social influence of administrative public welfare cases,the consideration of relevant policies and the difficulty of correcting the illegal behaviors of the target of supervision.The third part: the actual impact of prosecution standards.From the four main aspects of the administrative public interest litigation system,it analyzes the actual impact of the actual damage standards,including the impact on the procuratorial organs,supervised objects,judicial organs and public interests and public order,and proves the rationality of the standard;As the guidance to analyze the key problems and some phenomena in the current public interest litigation system and analyze the negative impact and conflict contents of the actual damage standards in order to provide some logical ideas for improving the application and guiding significance of the standard.The fourth Part: Procuratorial organs of administrative public interest litigation prosecution standards perfection and prospect.Based on the status of the prosecution standard in the current stage,put forward relevant perfecting ideas based on the degree of emphasis and application,including the refinement and standardization of the prosecution standards;refine the standard of prosecution for the procuratorial organs and legal services to provide practical application of ideas,In order to explore the deep meaning of this standard in the development of administrative public interest litigation system,the second is to provide two perspectives on the system design of the standard of prosecution: to expand the claims for compensation litigation,accumulate experiences and learn from the system,and improve the actual damage litigation Finally,the procuratorial agencies as the center to seek the prosecution of public service lawsuit standards and prosecution standards for civil public interest convergence,in the construction of public interest litigation system to build a networked,hierarchical protection of public interest litigation system.