The Practical Dilemma And Perfection Of Procuratorial Organs' Administrative Public Interest Litigation System

In recent years,with the rapid development of social economy,China has made remarkable achievements in many aspects of the world,but at the same time,a series of social welfare problems have arisen,some administrative organs do not act,disorderly act is an important reason for these problems.At present,the academic circles on the scope of administrative public interest litigation,the subject of litigation,pre-litigation procedures and other system construction of theoretical research emerge one after another,providing a lot of reference for legislation and judicial practice,but still lack of a systematic legal system and supporting mechanisms,need to further strengthen theoretical research and practical demonstration.On the basis of previous studies,this paper first summarizes the theoretical basis for the procuratorial organs to initiate administrative public interest litigation.Secondly,combining with the work practice and the relevant data published at the present stage,starting from the basic national conditions of our country,this paper analyzes the main contents and legislative intentions of the new administrative procedure law and the two high judicial interpretations,carefully combs out the existing identity attributes in practice under the current system framework and the constitutional positioning does not conform to the Constitution,and the initiative of digging clues is limited,the right of investigation,the lack of rigid support,the burden of proof has violated the administrative litigation law,rules of evidence supporting mechanism is not perfect and other specific difficulties,and the United States,Germany,and Taiwan region of China's procuratorial organs of the administrative public welfare lawsuit system of inspection and reference.Finally,according to the practical difficulties and extraterritorial experience,this paper proposes that the procuratorial organs should be given the right of public interest litigation protest from the legal system level to highlight their legal supervision status,to expand the explanation of the clue sources found in the performance of their duties,and to give the safeguard measures of the right of investigation.Some suggestions are put forward,such as perfecting the supporting mechanism of public interest litigation appraisal,establishing the mechanism of linking up with discipline and law ofdiscipline supervision organs,and perfecting the integrated case handling mechanism of procuratorial organs.