Empirical Study On Administrative Public Interest Litigation Filed By China's Procuratorate

With the development of society,The abuse of power and misconduct by administrative organs has led to the violation of public interests.In order to effectively avoid the "tragedy of the commons",modern countries with developed rule of law have established administrative public interest litigation systems.In October 2014,The Fourth Plenary Session of the 18 th Party Central Committee proposed to explore and build a public interest litigation system for procuratorial organs.Procuratorial organs have initiated administrative public interest lawsuits for nearly five years since they were piloted.Procuratorial organs have accumulated a wealth of experience in practice and achieved remarkable results.But for now,there are still a lot of problems in administrative public interest litigation which hinder the smooth operation of the system.Therefore,the author intends to use the textual research method,literature research method,empirical analysis method,and case analysis method to analyze the actual situation of administrative public interest lawsuits filed by procuratorial organs in recent years,to sort out and summarize the problems encountered by procuratorates in practice..In response to the problems of administrative public interest litigation at different stages of the lawsuit,it has refined the construction of relevant systems and established efficient and reasonable improvement methods to ensure that administrative public interest litigation brought by the procuratorial organs plays its due role in maintaining public welfare in future's system operation.This article is divided into five chapters to discuss related issues.The first chapter is the introduction.It introduces the background and development of the procuratorate's administrative public interest litigation system.It sorts out relevant laws and regulations and related judicial interpretations and documents.The current research status of the system;Chapter 2 is an overview part,which comprehensively elaborates the concept and characteristics of administrative public interest litigation filed by procuratorial organs,introduces and combs the relevant legal basis of the system,analyzes the feasibility and necessity,and then the system design of administrative public interest litigation filed by procuratorial organs is introduced,which lays a theoretical foundation for follow-up research.The third chapter is the empirical research part.The author conducts the basic situation of administrative public interest litigation filed by national procuratorial organs.Then summarize the judicial practice of the province S where I am investigating,and classify and summarize the administrative public interest litigation cases(cases that have entered the trial stage)by all procuratorial agencies across the country on the Chinese referee document network before the trial until July 2019.Refining Several characteristics in the practice of administrative public interest litigation;Chapter IV discusses the issues arising from the theoretical and judicial practice of the administrative public interest litigation system brought by the procuratorial organs,and analyzes many significant problems existing at different stages in the operation of the system.It includes the scope of the case,the burden of proof,the source of the case clues,the supervision and enforcement of the judgment,etc.The fifth chapter is aimed at the problems raised in the previous article,based on the author's research of relevant literature and analysis of the status of judicial practice,combined with the actual situation of the development of the administrative public interest litigation system brought by China's procuratorate,Put forward some suggestions with certain reference value for the further development and improvement of the system.