Study On The Legal Issues Of Procuratorial Organs Bringing Administrative Public Interest Litigation

The Administrative Litigation Law was officially and fully implemented on July 1,2017.The procuratorate,as the sole subject of proposing administrative public interest litigation,safeguards the public interest of the state society by prosecuting the administrative organs that violate the law and negative inaction.As a right holder of the right of action,the professional advantage in litigation is used to better compensate for the unequal confrontation of citizens,legal persons or other organizations relative to the administrative organs.As a legal supervisor,the procuratorial organ urges the administrative organ to act as a legal supervisor,and promotes the public interest procuratorial work in a more prominent position,and maintains public welfare as an important part of the value of the judicial system.In May 2015,the two-year pilot work administrative public interest litigation system was carried forward,and achievements were also revealed.The public interest litigation urges the administrative organs to act in strict accordance with the law as the direct purpose,and the fundamental purpose of safeguarding the interests of the unspecified subjects and the public interests,that is to say,the subjects of the litigants will have no direct interest relationship,and the public interest litigation is not compared with the traditional party’s eligibility principle.Specific victims,direct stakeholders,those that are harmful to the public interest or that are not directly involved in the direct interests of the individual due to the inaction of the executive authorities will rarely be prosecuted for this purpose.Therefore,specific organizations should be allowed to represent the public interest.As well as the vulnerable groups in the litigation,the procuratorial organs played this role in the case of administrative violations and negative acts.In the litigation classification,public interest litigation is an objective type of litigation,that is,whether the administrative organ is in compliance with the law.The lawsuit that exercises the administrative powers is the same as the litigation purpose.In addition,the administrative public interest litigation shows a main feature.The administrative public interest litigation procuratorate,as the main body of the litigation,does not file a lawsuit after discovering that the administrative organ violates the law,but performs a buffered pre-litigation procedure before filing the lawsuit.The public interest litigation itself has its own particularity.Even if it does not cause substantial consequences,the public interest litigation can be initiated.Different from the traditional litigation,the actual damage must be caused before the litigation process can be initiated.This is the defensive function of the public interest litigation.Property manifestation.The implementation of the administrative public interest litigation system is inseparable from the two theories as a support.The principle of power restriction is to use the judicial organs,which are mandatory and binding organs,to exert a deterrent effect to prompt the administrative organs to correct illegal administrative actions in a timely manner and prevent illegal functions and powers of administrative organs.The second party’s theory of eligibility,based on realistic considerations,the eligible parties in the traditional theory are likely to be afraid of various reasons based on the misjudgment of status,etc.,in the case of public law disputes in which the situation is particularly harmful,the relevant subjects are represented on behalf of the public.Interests or representatives who are unable to bring a lawsuit,file a public interest litigation,the procuratorate has professional qualities and requirements based on statutory powers,as the subject of public interest litigation is appropriate.In the pilot work,the public interest litigation system showed many problems,such as the remarkable effect of pre-litigation procedures,the large number of cases in the ecological environment and resource protection field,and the support of litigation requests.Among them,the scope of the source of clues is narrow,and the procuratorial organs have limited working contacts,so the information is not comprehensive.Effective information such as violations of national interests and public interests and enforcement information of administrative agencies cannot be obtained in a timely manner.Therefore,it is considered to include the citizens who know the truth and the most dynamics in the scope of providing clues,and the issue of the distribution of burden of proof,using the traditional administrative litigation theory.The burden of proof leads to the principle that the administrative organ has an absolute advantage in terms of information mastery,including public affairs,and exerts the advantages of high efficiency and professionalism to reduce the pressure of prosecution of the procuratorate,and to prevent the prosecutorial suggestion from flowing in the form.The supervision not only pays attention from the written content of the reply proposal,but also takes the form of regular on-the-spot inspection of the actual implementation.