Research On The Legal Problems Of Procuratorial Organs To Bring Administrative Public Interest Litigation

The procuratorial organ's exploration of administrative public interest litigation is not mature enough and its practical experience needs further improvement.This is a difficult problem for our procuratorial organs to carry out the administrative public interest litigation.The newly revised "Administrative Procedure Law" provides the legal basis for the procuratorial organs of our country to bring the administrative public interest litigation.But this amendment only solves the problem of the legitimacy of the procuratorial organ's administrative public interest litigation,and does not stipulate the specific procedure design of the procuratorial organ's administrative public interest litigation.For example,the procuratorial organs bring the scope of the case of the administrative public interest litigation,the burden of proof of the procuratorial organs and the investigation and forensics of the procuratorial organs.There are debates between the theorists and the practical circles on these issues,so it is necessary to sort out the arguments.Through the analysis of these problems,it is closely related to the maintenance of the national interest and the social and public interests.On this basis,some suggestions are put forward to improve the administrative public interest litigation of the procuratorial organs of our country.The procuratorial organs must further the status of "public interest litigation person",clear the prosecution filed of administrative public interest lawsuit,stipulate the burden of proof the procuratorial organ,perfect the procuratorial organs of investigation and evidence collection system,so as to adapt to the process of rule of law in China.