Investigation And Research Report On The Administrative Public Interest Litigation Initiatde By The Procuratorial Organs Of Gansu Province

As a typical representative of the public power of the state,the executive power has encountered a variety of problems in practice,such as overstepping the authority of the administrative organ in law enforcement,and separation of power from responsibility.The frequent occurrence of administrative organ inaction,misbehavior and even abuse of power not only seriously damages the credibility of the government,but also causes serious public interest problems.Supervision by the people's congress,administrative supervision and other traditional means of supervision play an important role in effectively ensuring law-based administration.Lack of strong external supervision and control mechanism is the fundamental problem of administrative power.At this point,the procuratorial organs as the protection of public welfare cause of the state power officially entered the historical stage.The practice of procuratorial organs in protecting public interests has gone through three important stages.The first stage is to file civil lawsuits on behalf of the state,the second stage is to urge the subjects of responsibility and obligation to file lawsuits,and the third stage is to file public interest lawsuits.Since the trial of the procuratorial organ on July 1,2015,this judicial system is gradually improving from the bud.Public interest litigation has been carried out for more than three years,and has achieved good political,social and legal results,but at the same time,its problems have gradually emerged.In this paper,the typical administrative public interest litigation as the research object,the administrative public interest litigation cases brought by the procuratorates in gansu province to conduct a comprehensive investigation and analysis,this article on the basis of system theory and law,discusses its concrete operation in all sorts of problems encountered in the process,put forward thecorresponding countermeasure,expect for the perfection of this system has certain help.