The Perfection Of Procuratorial Organs' Administrative Public Interest Litigation Investigation Right

Although the public interest litigation work is paid more and more attention by the state and the society,there are few researches on the problems existing in the system of procuratorial organs' administrative public interest litigation investigation right.It is still an urgent problem for procuratorial organs to find out the fact that administrative organs carry out their duties illegally or not according to law and the fact that the national interests or social public interests are infringed on,so as to play an effective role in protecting public welfare.In view of this,this article aims at how to perfect the investigation right of administrative public interest litigation,and suggests that we should draw lessons from the experience of our administrative investigation system.Base on the role of safeguarding national interests and social public interests,procuratorial organs can play a better role.There are 3 chapters beside the introduction.The first chapter introduces the connotation,nature,provisions and differences with other investigative powers of administrative public interest litigation,as well as the problems existing in the operation,and analyzes the necessity of endowing the procuratorial organs with the investigation power of administrative public interest litigation.Thus,the theoretical basis of perfecting the right of investigation of administrative public interest litigation is clarified.The second chapter summarizes the administrative investigation system from the aspects of the nature,principle,authority and duty of the investigated person,and combines the fields of food and medicine,environmental protection and state-owned property involved in the administrative public interest litigation.This paper introduces the current investigation system of food safety,water pollution and tax collection in China,and analyzes the reference significance of the current administrative investigation system.The third chapter,based on the above analysis,puts forward the countermeasures and suggestions to perfect the investigation right of administrative public interest litigation,that is,from establishing the principle,reasonably distributing the burden of proof,clarifying the investigation content,perfecting the investigation method,standardizing the investigation procedure,clarifying the investigation focus.Improve the investigation mechanism and other seven aspects to improve the right to investigate administrative public interest litigation.