Public Participation And System Reconstruction In Administrative Public Interest Litigation

In recent years,the public interest in safety,environment and other aspects has been increasing.The number of public interest litigation cases in China,especially administrative public interest litigation cases,has also increased rapidly.On June 27,2017,the Standing Committee of the National People's Congress revised the Administrative Procedure Law.Now,China has formally established a legal system for the prosecution to file an administrative public interest litigation as a public interest litigant.At the same time,in the current administrative public interest litigation,there are many problems such as the scope and standards of citizens and social organizations participating in the public prosecution organs to participate in the administrative public interest litigation,the unclear status of public participation in litigation,and the unclear cooperation mechanism.While protecting the public interest,involving the public in the process of administrative public interest litigation can not only provide a resolution mechanism for the claims of the broad relatives,but also help the investigation of the national supervisory agency.At the same time,the broad relative can participate in the administrative public interest litigation as a participant,and recover its losses due to specific administrative actions through judicial means.This article will discuss the following four parts:The first part will start from the basic concepts involved in the administrative public interest litigation filed by the public participation procuratorial organ,through a deep analysis of the concepts of public participation,public interest litigation,etc.,and analysis of its characteristics,on the basis of which public participation is necessary for administrative public interest litigation Sexual discussion.At the same time,it constructs the theoretical basis for the necessity of public participation in administrative public welfare litigation from the three perspectives of Xi Jinping's social governance theory,protective norm theory and administrative broad relative theory,and draws the relevant basis for public participation in administrative public welfare litigation on this basis.The second part is to start with the status of the public welfare administrative litigation system currently being implemented by the procuratorate,analyze the problems encountered and the causes of the problems,and further elaborate and discuss the relevant administrative public interest litigation caused by the lack of public participation in the current administrative public interest litigation.problem.The third part is to draw on advanced experience from outside the region and introduce some countries' relevant experience in handling public participation in administrative public interest litigation.The fourth part is to make a more reasonable reconstruction of how to perfect the existing public prosecution system of the procuratorate in our country at the practical level.Combining with the existing national supervisory agency system,the procuratorate has been practicing administrative public welfare since the establishment of the public interest litigation system.The problems found in the litigation are targeted at adding elements of public participation to the current administrative public interest litigation system,restructuring its system to better suit China's current national conditions.