Juristical Consideration Of Filing Administrative Public Interest Litigation By Prosecutor Organ

On July 1,2015,The 12^th Standing Committee of The National People's Congress of The People's Republic of China passed Decision about Authorizing Supreme People's Procuratorate to Carry Out Pilot Work of Public Interest Litigation in Some Areas¹ to deploy and arrange judicial pilot work of administrative public interest litigation in 13provinces,autonomous regions and municipalities,including Beijing,Inner Mongolia,Jilin,Jiangsu,Anhui,Fujian,Shandong,Hubei,Guangdong,Guizhou,Yunnan,Shaanxi and Gansu.On June 27,2017,Standing Committee of The National People's Congress passed Decision about Amending Administrative Procedure Law of The People's Republic of China.As legal provision stipulating that procurator organ files administrative public interest litigation through legislative form,it was implemented since July 1,2017.Afterwards,administrative public interest litigation is carried out in the whole nation as a new kind of litigation mode.With the connotation and characteristics of administrative public interest litigation being breakthrough points,under the premise of preliminary understanding about related contents of administrative public interest litigation,the paper analyzes historical origin,judicial requirement and actual operability of procurator organ as national public interest prosecutor to file public interest litigation,then makes brief summary of related records and analysis about administrative public interest litigation at all times and in all over the world.Through serious summary of pilot practice and multiple experience of filing administrative public interest litigation by prosecutor organ,the paper expounds working practice,related stipulations,specific transaction situation of cases and achieved practical significance in pilot areas.On this basis,the paper makes realistic arguments and analysis about six focus issues,namely litigation status and jurisdiction of procurator organ during pilot process of administrative public interest litigation,whether people's court can ignore or reject litigation,distribution of evidential burden,withdrawal of litigation and start procedure of second instance.Finally,the paper proposes multiple solutions such as defining litigation status of procurator organ as“public interest prosecutor”,solving jurisdiction of administrative public interest litigation through“jurisdiction of basic people's court”,stipulating that people's court can't ignore or reject litigation with“prohibition of suitability”,setting“suitable burden of proof by defendant”as distribution of evidential burden of administrative public interest litigation and setting“demurrer”as basic condition of starting procedure of second instance.Through above analytic demonstration,it's expected that relatively systematic litigation mode can be formed as much as possible during actual judicial application process of filing administrative public interest litigation by procurator organ,thus really escorting the nation and social benefit.