Research On Local Practice Of Administrative Public Interest Litigation System

"The tragedy of the Commons" is a phenomenon that we know well and a widely existing reality.Countless facts have proved that the public interest in the absence of protection is the most vulnerable.When the interests of the individual are harmed,the victim has the right to bring a lawsuit before the court and request judicial remedies.However,if the interests of the collective,society,and even the country are violated,who will bring a lawsuit? We are now faced with such a problem.Administrative public interest litigation is a litigation method to solve the tragedy of the common land.Its emergence and development reflect the urgent need of public interest protection.Therefore,the study of administrative public interest litigation system construction and implementation,has a strong practical significance.In 2015,Inner Mongolia started the two-year public interest litigation as a pilot region.In 2017,China revised the Administrative Procedure Law,which indicates that the status of prosecutorial organs to initiate public interest administrative litigation is affirmed in the form of law.Based on this background,this paper first to administrative litigation and administrative public interest litigation and private interests and public interests,administration according to law and the rule of law government,are closely related to this important concepts,at the same time,the theory of power restriction,"tragedy of the Commons" theory,the two illustrates the basic theory and interpretation,and to provide scientific guidance for further research.Secondly,based on the statistics of relevant data of administrative public interest litigation in Inner Mongolia and the analysis of specific cases,this paper studies and analyzes the current situation of administrative public interest litigation in Inner Mongolia,and finds out the existing problems by analyzing the actual effect of the implementation of administrative public interest system.Thirdly,in view of the existing problems,this paper analyzes the factors of system design,system executor,system implementation environment and system implementation resources to find out the causes of the problems.Finally,combining with the actual situation of the Inner Mongolia autonomous region,strengthen realistic thinking,and put forward countermeasures and Suggestions to promote the implementation of the administrative public interest litigation system in Inner Mongolia from the four aspects of perfecting the system legislation,perfecting the supporting mechanism,creating a good environment,and using auxiliary means.