Research On The Administrative Public Interest Litigation System Brought By China's Procuratorate

With the progress of our society,the incidents that harm social welfare have emerged endlessly,which has greatly touched the sensitive nerves of the general public.The traditional private-interest litigation model can only be filed by the directly interested parties,but the social welfare is not protected by the direct interest,and the procuratorate gives it administrative public interest litigation because of its unique advantages.Subject qualifications are logical.After two years of pilot work,the procuratorial organs have now initiated administrative public interest litigation in the country.The procuratorial organs filed,administrative public interest litigation to realize the legal system and the rule of law construction from scratch,filling the gap in the construction of China's administrative public interest litigation system,but It must also be soberly seen that there are still many areas for improvement in the administrative public interest litigation by the procuratorate.The foothold of this paper is to affirm the suggestion that China's procuratorial organs file an administrative public interest litigation on the basis of affirming the administrative public interest litigation.This paper is divided into four parts.The first part and the second part are the summary of the theory of administrative public interest litigation and the necessity and feasibility of the administrative public interest litigation initiated by the procuratorial organ,affirming the effectiveness of the pilot practice exploration;the third part is from the procuratorial organ The role of administrative public interest litigation,the principle of prosecution,the scope of the case,the burden of proof,the pre-appeal behavior preservation,and the representativeness of the litigation process are summarized.The summary of the procuratorial organs' exposure to administrative public interest litigation is still outlined.The local area,and a brief analysis;the fourth part is based on the current scholars" theoretical perspectives,and puts forward some suggestions for the above six aspects,thus providing reference for the further improvement of China's administrative public interest litigation system.help.