A Study On The Administrative Public Interest Litigation Initiated By Procuratorial Organs

The prosecution of administrative public interest litigation is an important measure to comprehensively promote the rule of law in China,is a strong supervision of the executive power,is the embodiment of the concept of governing the country in accordance with the constitution and administration in accordance with the law.The system is the first judicial system in China.The interest lawsuit is refers to in "the administrative procedure law" the state,the social interest in the four areas stipulated by "the administrative procedure law" suffers the infringement but the administrative organ does not act or is idle when performing the duty,to rescue is in the dangerous state the public interest but to file the lawsuit.The purpose is to urge the administrative organs to actively perform their duties and remove the state and social interests from being infringed upon.The establishment of this system is conducive to improving the administrative litigation pattern,strengthening the active and lawful performance of administrative organs,strengthening the powers of administrative procuratorial supervision,and supervising the government's administration according to law.But in the process of pilot run,although by increasing state "administrative procedural law" relevant provision to give legal status and bring administrative,but still lack of the administrative public welfare lawsuit brought by the procuratorates the specific procedures and the requirements of the operating standards,across the country began to implement the administrative public welfare lawsuit brought by the procuratorates are still largely on the basis of the supreme people's court,the supreme people's procuratorate issued relevant way,one during the pilot,in practice there is a clear system of many problems need to follow up.Therefore,the author collected 111 judgments of administrative public interest litigation in yunnan province up to January 23,2019 as samples,and conducted empirical analysis on the following issues with the method of case analysis and comparative study: First is the procuratorial organs at the determination of the scopeof accepting cases in the process of the procuratorial organs in the actual law found that the ecological environment and resources protection,food and drug safety,protection of state-owned property,transfer of state-owned land access within the four areas in the administrative organ in accordance with the law,not sulk can send procuratorial advice,procuratorial Suggestions received after two months in the public interest is still in the state of infringement can be filed a lawsuit,but for "and" scope of cases there is no clear standards,scope of accepting cases need to be increased.Secondly,in the pre-litigation procedure stage of the procuratorial organ,what criteria should be used to judge that the administrative organ has performed its duties according to law,and the time limit for the administrative organ to correct the illegal ACTS remains to be discussed.Thirdly,based on 111 judgments of yunnan province,this paper analyzes the burden of proof that procuratorial organs should bear.Meanwhile,due to the complexity,professionalism and stability of public interest issues,the judicial practice ability of prosecutors and judges in administrative public interest litigation needs to be strengthened.Finally,the 111 judgments in yunnan province are summarized according to the region where the cases come from,type of case,court procedure,trial period,and the success rate of the procuratorial organ in the judgment,so as to clarify how the court can achieve better execution effect in order to achieve the purpose of maintaining public welfare.After analyzing 111 judgments,the author proposed: firstly,public interest litigation involves multiple interests of the state and society.The author thought that the sources of case clues should be expanded to accept clues from party committees,governments at all levels,citizens and social organizations.Secondly,in the pre-litigation stage,the standard of prosecution by the procuratorial organ should cause actual damage to the illegal act,and the administrative organ's negligence makes the illegal state continue to be the standard of prosecution.In this process,the judgment of administrative organs should be fully respected and attention should be paid to whether administrative organs have exhausted all administrative means.At the stage of procuratorial recommendation,professional restoration period should be given to ecological environment and resource protection cases,and whether the public welfarehas been restored or has achieved the purpose of restoring the damaged public welfare.Thirdly,in terms of the burden of proof,the procuratorial organ should provide the preliminary evidence of the infringement of public interest litigation at the pre-litigation stage,and adopt different standards of proof requirements according to the case cause.Third,as administrative organs are the main governing bodies of the country,their administrative ACTS must be legal,and administrative organs are more professional and easier to collect evidence.They are still in a strong position in administrative public welfare cases and should bear the burden of proof.Finally,based on the empirical analysis,and judgment system,puts forward the classification of the cause of action,the elaboration on the judgment of different cause of action and subsequent supervision,put forward in the field of ecological environment,resources and mineral resources to establish special public welfare fund regulatory advice continuously,make the infringement of public really by the procuratorial organs filed system to solve.The procuratorial public interest litigation system is born in China's national conditions and is an important part of the socialist procuratorial system with Chinese characteristics.The establishment of a sound procuratorial public interest litigation system is conducive to the construction of China's government under the rule of law and the improvement of national governance capacity.It is a guardian system for national interests,social interests and the interests of the people.However,the establishment of any judicial system is implemented by each judgment,and the rationality of system establishment and whether the purpose of system design can be realized are tested by judicial practice.Therefore,the author studies and discusses 111 cases in order to put forward his own opinions on the improvement the system.