Study On The Legal Issues Of Administrative Public Interest Litigation By Procuratorial Organs

The system of administrative public interest litigation of procuratorial organs is put forward by the fourth Plenary session of the 18 th CPC Central Committee based on the need of comprehensively promoting the rule of law,and the system of administrative public interest litigation has established a more important role and position for procuratorial organs.July 2015 to July 2017,the procuratorial organs for the administrative public interest litigation during the pilot period,has been fully pushed.Although the revision of the Administrative procedure Law provides a legal basis for this work,due to the related supporting legal provisions after the comprehensive introduction of the work,and the lack of judicial interpretation,there is still a narrow scope of cases in the concrete practice.The difficulties of single clue source,difficulty of investigation and evidence collection,poor effect of procuratorial suggestion and supervision,and too high cost of identification have evolved into restrictive factors.In order to solve the above problems,this paper,from the angles of jurisprudence and law and economics,finds out that the procuratorial organs should carry out administrative public welfare litigation to fully embody fairness and justice and maintain normal social order.To achieve the goal of maximizing the protection of public welfare and to achieve a balanced state of support;and to the procuratorial organs administrative public interest litigation cases handling data and circumstances in various areas of the collation,induction,comparison,Therefore,some suggestions such as expanding the scope of administrative public interest litigation authorization,diversifying supervision means and adapting rights and obligations are obtained.Through the above perfect countermeasure,make the procuratorial organ administrative public interest litigation system run more smoothly,the supervision form is more diverse,the science,strengthens the right movement restriction and the supervision system,strengthens the supervision joint force and the actual effect.