Construction Of The Plaintiff System For Administrative Public Interest Litigation Of China's Procuratorates

The implementation of administrative public interest litigation means that the"official notification officer" case has gained institutional support in the real sense,which is conducive to supervising the executive organs exercising their functions according to law and giving full play to the procuratorial supervision function of procuratorial organs.Compared with the ordinary civil litigation,the biggest advantage of procuratorate public interest litigation lies in its authority,the authority will be especially in handling resources and investigation of the procuratorial organs rich,it is based on this natural advantage,many difficulties encountered by ordinary citizens can overcome the procuratorate public interest litigation in case the.The procuratorial organ's administrative public interest litigation refers to the administrative litigation that the procuratorial organ brings to the people's court for the violation of public interest in the process of exercising the authority of the administrative body.In the developed countries under the rule of law,the development of the theory of public interest litigation of the procuratorial organs is becoming more and more mature.Therefore,the research on the administrative public interest litigation of the procuratorial organs should focus on the construction of the system.This paper based on the previous data on the basis of starting from the general definition of administrative public interest litigation,procuratorial organs of the administrative public interest litigation category,find out the theoretical basis,feasibility analysis of China's implementation of the procuratorial organs of the administrative public interest litigation,combined with the development of this system in our country and overseas advanced experience.On the basis of comprehensive analysis,we try to construct the system of procuratorial organs' administrative public interest litigation including the scope of cases,jurisdiction provisions,boundary issues,pre procedure,withdrawal procedure,closing cases and rules of evidence.