On The System Of Administrative Public Interest Litigation By The Procuratorate

This article attempts to research this system base on the elements of court documents.In addition to the first part of the introduction,there are four parts:The second part is the law developing and theoretical basis of administrative public interest litigation system by the procuratorate.The perspective of legislative evolution mainly as follows: the qualification of procuratorate has turned as the prosecutor of public interest litigation.Taking the food and drug safety,the protection of martyrs' rights as the protective field.Prolonging the time limit of pre-pleading procedure.The formation and development of the administrative public interest litigation system is the promotion of the political concept of legal country and administration,and yhe concept of building ecological civilization.It is also the procuratorte's responsibility to undertake more social welfare responsibility under the lack of public spirit and autonomy ability of the citizens and social organizations.It is also the expression of the function of protecting public interests and the supervision of administrative power.The third part is the practice characteristics of administrative public interest litigation system by the procuratorate.Based on the features of procuratorate,administrate and judicial organs.it was found that the basic procurantorates tend to ask the courts for confirmation of the violation of the law and continued to perform defendant's duties in cases of ecological environment and resource protection.The administrative organs respond to the lawsuit actively with staff members and lawyers as agents,tending to provide evidence and reply from the perspective of duty performance.The majority of administrative public interest litigation cases flow to the basic courts.The remote jurisdiction and special jurisdiction,the formation of trial organizations by people's jurors are aimed at promoting the fairness of trial.However,the court decisions are abstract and consistent with the litigation claims of procuratorate.The fourth part is about the effect of administrative public interest litigation system by the procuratorate.The effect based on the characteristics of practice is effective but limited.The effectiveness is reflected in the double functions of public welfare protection and administrative power supervision.The intensity of public welfare protection has been increasing,the cost has been reduced,and the efficiency has been improved.The supervision from procuratorial power and judicial power to administrative power has been further deepened.The reason lies in the external high-density political proposition,the market economy development needs and the institutionalized expression needs of citizens' public welfare demands.The procuratorate itself promotes the development of the system spontaneously for the sake of expanding the scope of power,optimizing the procuratorial function,self-confidence in their professional field and consid ering the litigation burden.However,the lawsuit development is limited in basic level,the effectiveness varies from province to province.It has not broken t hrough the essence of supervision after the event.Due to the independence on policy,political pronouncement and referee,procurantorate promotes the develop ment of the system in difficult.The fifth part is aimed to providing development method for the administrative public interest litigation system.This paper puts forward to establish a connection between the pre-prosecution procedure and the trial procedure.It is suggested that the administrative incidental civil public interest litigation system should be brought into full play to expand the public interest protection effect.Exploring the normalized conjunction with supervisory organs.