Procuratorial Organs Participate In Administrative Public Interest Litigation Research

With the deepening of economic globalization and information globalization,the public interest has become a high-frequency vocabulary for international exchanges and development,and it has begun to enter the field of concern of citizens of all countries.Domestic scholars have long focused on the public interest field,but the establishment and development of the legal system is not synchronized with theoretical research.Despite this,the theoretical community has never given up on the theoretical assumptions of establishing administrative public interest litigation in China.Finally,in 2015,the state launched pilot work in some areas.The procuratorate,as the main body of litigation,supervised the correct exercise of administrative power in accordance with the law in the prescribed areas and recovered the damaged public interest.The establishment of this system was promoted to the whole country in a top-down manner.It was not dominated by the people.It relied mainly on the promotion of administrative indicators and was quickly carried out nationwide.Although the administrative public interest litigation system during the pilot period has achieved good results,we must also face up to the fact that this new litigation system is still a long way from maturity.When it cooperates with other systems,it will inevitably lead to conflicts and inconsistent parts..Therefore,it is necessary to analyze the status quo of administrative public interest litigation,summarize the problems that arise in the process of judicial practice,and put forward suggestions for improvement based on existing legal norms and public demands.Based on the purpose and legal significance of the establishment of the administrative public interest litigation system,this paper analyzes the current judicial status of China and understands the characteristics of the current situation:the number of administrative public interest litigation cases is mainly concentrated in the ecological environment,the main contractor of the case It is mainly the case-handling personnel at the grassroots level,and the pre-litigation procedure is the main method of handling cases.The characteristics of litigation status point to the problems that arise in reality.Combining the legislative purposes,we can sort out the problems existing in the current administrative public interest litigation system,including the unclear role of the procuratorate,the inconsistency between the scope of the case and the actual appeal,the clue discovery,the imperfect confirmation mechanism,and The pre-litigation procedure is not elaborate.Taking the protection of public interest and the stability of the legal order as the starting point,the corresponding improvement path is proposed for the above problems,and the theory of the role of tihe procuratorate in litigation is comparatively analyzed.It is suggested that the administrative prosecutor should be the role of the procuratorate;The influencing factors suggest to appropriately expand the scope of the case,establish a litigation and supervision mechanism for abstract administrative actions;actively develop the channels for public participation in supervision based on a single suggestion of clue sources,increase the statutory basis for investigating and verifying rights,and improve the quality of case handlers;Benefits are the target of the proposed case.The scope of the case is prioritized.The administrative pre-litigation procedure,the pre-litigation procedure are refined,and the pre-litigation procedure is changed to the litigation procedure.