Research On The System Of Administrative Public Interest Litigation In China

The essence of the administrative public interest litigation system is the judicial relief to the damage of the public interest caused by the illegal administrative act,which aims at stopping the illegal act of the administrative subject and protecting the public interest and the national interest.In recent years,the administrative power,which is closely related to citizen's life,has penetrated into every aspect of social life,and has been expanding continuously.The execution of administrative power is an important guarantee for safeguarding the rights of citizens and the public interests of society.However,in practice,new social problems emerge one after another,and incidents of public interests being damaged by executive branch inaction or disorderly action occur from time to time,the awakening of the consciousness of social citizenship and the consciousness of public interest protection has given birth to the establishment and development of the administrative public interest litigation system in China.China's administrative procedure law amended in 2017 clearly stipulates the qualification of the principal part of the administrative public interest litigation initiated by the procuratorate,which marks the formal establishment of China's administrative public interest litigation system,since then,in 2018,the judicial interpretation of the Supreme People's Court's and Supreme People's Procuratorate has further clarified the subject status,litigation procedures to be followed and related responsibilities of the procuratorial organs in administrative public interest litigation.In practice,administrative public interest litigation also plays an important role in protecting public interests.In this context,this paper studies the related issues of China's administrative public interest litigation system,starting from the basic concept of the administrative public interest litigation system,expounds the connotation of the administrative public interest litigation system,this paper analyzes the differences between administrative public interest litigation and common administrative litigation and civil public interest litigation,and sums up the characteristics and theoretical basis of the administrative public interest litigation system.After the analysis of the development of China's administrative public interest litigation system,affirmed the important achievements of the system construction,but at the same time,because China's administrative public interest litigation system is still a short time to establish,there are some problems in the actual operation,the main performance is as follows:the administrative public interest litigation subject qualification is single,the scope of accepting cases is narrow,the distribution of the burden of proof is unreasonable,the related litigation procedure is not perfect and the corresponding supporting system is not perfect.Then this paper analyzes the advanced experience in the construction of administrative public interest litigation system in Britain,the United States and Germany,and summarizes the enlightenment to our country,combined with the reality needs to draw lessons from,take the system construction existence insufficiency as the focal point,puts forward the consummation our country administration public welfare lawsuit system's related proposal,mainly including the expansion of administrative public interest litigation subject qualification and the scope of acceptance of cases,a reasonable allocation of the burden of proof,improve the proceedings,improve the corresponding supporting system.