Research On The Public Interest Lawsuit Initiated By The Office Of The Public Procuratorate

A series of serious public interest events occurred frequently,causing great harm to the whole society.It urge the public to pay more and more attention to the protection of public interest.In 2017,the administrative public interest litigation system of our country has been established and launched in a comprehensive way throughout the country.The system can be sought for the protection of public interests by the means of supervision of administrative power,which promoting the construction of a country ruled by Law in China.It is studies from the perspective of law of Executive Accusation,which procuratorial organs institute administrative public interest litigation system.with collecting and reading a large number of documents,applying the method of literature analysis and case analysis,,this paper probes into the significance of procuratorial organ's introduction of administrative public interest litigation,including the status of procuratorial organs,the scope of accepting cases,pre-lawsuit procedure and investigative powers,and puts forward some suggestions for improvement.Based on the analysis,this paper points out that the institution of administrative public interest litigation initiated by procuratoriate is conducive to the protection of public interests,the implementation of the administrative public welfare litigation system,and the full implementation of the right of legal supervision.It is of great significance to supervise the administration of administrative organs according to law and to learn from the advanced experience of foreign countries.This paper puts forward that the position of procuratorial organs in administrative public interest litigation should be analyzed from the point of view of multiple attributes.Public interest litigant is the perfect expression of its status,reflecting the multiple attributes of the analysis method.This paper puts forward that the scope of administrative public interest litigation should be expanded steadily,and the new fields that may be included in the case in the future,such as public medical and health services,financial order supervision,construction and maintenance of public facilities,should be explored.The protection of the basic rights of the vulnerable groups and the supervision of economic order are included in the scope of the case,and the public interest is safeguarded.On the basis of paying attention to the important function of the pre-lawsuit procedure,this paper proposes to improve the system of judging the content of the procuratorial proposal,the time of reply and the standard of performing the duty at the same time.This paper puts forward that the procuratorial organ should be endowed with the necessity and legitimacy of higher investigation power,and the exercise of investigation power should be perfected from the aspects of power content and safeguard measures.At the same time,it is suggested that the exercise of the procuratorial organ's investigative power should be standardized in the aspect of legal procedure.To make it conducive to the procuratorial organs to carry out administrative public interest litigation work.