The Modesty Of The Procuratorial Organsin Bringing Administrative Public Interest Litigation

Along with the reform of the national supervision system in 2018,the procuratorial organs have been constantly adjusting their functions in recent years.In the process of adjustment,the secondary and practical departments have increasingly emphasized the functional positioning of the procuratorial organs as the national legal supervision organs.However,the procuratorial organ's institution of bringing administrative public interest litigation established in the newly revised administrative procedure law in 2017 is undoubtedly a very important part.As a new way for the procuratorial organ to exercise its legal supervision power,how to better play its supervision role is a question that both the academic circles and the practical departments are thinking about.This paper thinks that it is a good solution to make it modest,so this paper will use the theory of modest to analyze the design and practice of the current system of prosecuting public interest litigation,so that this system can be better used in practice.This paper is divided into six parts.The first part is the introduction.This part explains the research significance of this paper from the theory and practice,and expounds the current research situation,introduces the research methods of this paper.The second part is an overview of the modest nature of the prosecution of administrative public interest litigation.This part first expounds the core concept and characteristics of this system,then reveals the essence of the theory of modesty,that is,discusses the principle of power modesty,and finally defines the meaning of modesty of this system in combination with the previous two steps.The third part is the basis of the modesty of this new system.This part elaborates from three aspects: theoretical basis,legal norms basis and objective reasons,and analyzes the rationality of integrating the theory of modesty into this system.The fourth part is the investigation of modesty in the design and practice of the existing system.This part mainly studies the present system design and the embodiment of modesty in pre litigation procedure and litigation procedure.The fifth part is the reasonable realization of the modesty and restraint of the public interest litigation.Based on the above analysis,this part first discusses the reasonable limits of the theory of modesty in the application of the system,and then puts forward three suggestions for the reasonable realization of the modesty of this system.The sixth part is the conclusion.That is to summarize the whole thesis.