Study On The Litigation Promotion Procurement Of Administrative Public Interest Litigation

In 2017,the Administrative Litigation Law was amended and the administrative public interest litigation formally became a legal system.The administrative public interest litigation is not only the maintenance of the national interest and the social public interest by the procuratorial organ as a representative of the public interest,but also a kind of supervision by the procuratorial organ as a legal supervisor to the administrative organ's illegal exercise of power or inaction.Moreover,administrative public interest litigation is an objective lawsuit,and there are some differences in the system from the general administrative litigation.However,the construction of the system is still in its infancy.From the current practice,we can find that there are still many problems in the law that are not regulated or clearly defined.This is a proposition worth studying.In this paper,the procuratorate is the prosecutor of the public interest litigation.In order to fulfill its functions of safeguarding public interest and legal supervision,how to file a lawsuit,promote the establishment of litigation,and even establish a litigation claim as a research point,which is summarized as the litigation promotion obligation,from which the prosecution is initiated.The rights and obligations of the agency in the whole process of this litigation system,and thus the improvement of the system construction.The first part starts from the world investigation of public interest litigation.It is concluded that the structure of China's public interest litigation system adopts a litigation system that combines the main body and the public interest and is authorized to implement in a specific field,which is different from the existing public litigation litigation mode in the world.The second part demonstrates whether the administrative public interest litigation prosecutor's litigation promotion obligation is established.Starting from the administrative public interest litigation itself,the procuratorial organ is administrative in that it is different from other litigation characteristics because of its institutional model and the purpose of litigation,litigation status and litigation structure.There is a litigation promotion obligation in public interest litigation.And the integration of administrative procuratorial supervision and administrative public interest litigation as two stages of litigation promotion obligations.The third part of the promotion obligation in the pre-litigation stage refers to the work and responsibility that the procuratorial organ needs to complete in the administrative prosecutorial supervision and pre-litigation procedures before the administrative public interest litigation.The fourth part of the v.advancement obligation includes the different trial mechanisms and involved in administrative public interest litigation and traditional administrative litigation.It is divided into four conditions: the conditions of prosecution,the burden of proof,the determination of not performing the duties according to law,and the litigation request.The fifth part concludes with a brief evaluation of the current system and provides an outlook for the future development of the system.At the same time,because the administrative public interest litigation is very complicated,there are still many problems in the construction of the system,and this article does not make a description.