A Study On The Prosecution Of Administrative Public Interest Litigation

Public interest litigation is a group of concepts corresponding to private interest litigation.As far as ancient Rome,there is a distinction between them.Generally speaking,the former is to sue for the damage to social public welfare,while the latter is to sue for the damage to individual rights and interests.According to the different objects,it can be divided into civil public interest litigation and administrative public interest litigation.In recent years,due to the acceleration of industrialization and urbanization process,the environment has been damaged and overloaded step by step.Therefore,the Civil Procedure Law revised in 2012 stipulates the illegal acts in the field of environmental protection and consumer rights and interests protection under this background.Some legal organs and relevant organizations have been given the right to file a lawsuit in the court.Such provisions can As the rudiment of civil public interest litigation,some qualified organizations and procuratorial organs with legal supervision began to explore the initiation of civil public interest litigation.However,with the further development of the economy,food safety and public security have brought some unexpected events endangering the safety of citizens' lives and properties,such as "Changchun Changsheng vaccine case" and "Changzhou poison land case",which have a significant impact on the legitimate rights and interests of citizens,and have caused serious social problems.For such cases,individual citizens,due to the limitations of their own strength and the prosecution funds they have obtained The limitation of sources and clues,even if their rights are violated,often can not get effective relief.The traditional private interest litigation can not meet the needs of public interest protection,and the procuratorate,as the judicial administrative organ of our country,has the dual attributes of procuratorial and public prosecution.Its natural status determines that in the face of public interest damage without relief,the procuratorate should have the power to initiate public interest litigation.However,some countries and regions outside the region have gradually established a perfect public interest litigation system due to the early start of the public interest litigation system.Since the Fourth Plenary Session of the 18 th CPC Central Committee,China has begun to explore the establishment of administrative public interest litigation system in line with the actual situation of China.In July 2015,the pilot work of administrative public interest litigation started for two years in 13 pilot provinces,autonomous regions and municipalities directly under the central government.After the completion of the pilot work,China's administrative public interest litigation system was formally established in 2017,that is,the procuratorial organ,as a public interest litigant,sued the administrative organ for illegal omission or disorderly act to safeguard the damaged public interest.This system is different from the traditional administrative litigation.It takes the procuratorial organ and the administrative organ that perform their duties illegally or not in place as the two parts of the litigation,breaking through the traditional scope of the subject of Public Interest Litigation-limiting the subject of administrative public interest litigation to the procuratorial organ that exercises the state procuratorial power.However,there are still some irrationalities in limiting the procuratorial organ to the single subject of bringing a lawsuit,including how the procuratorial organ itself acts as both the legal supervision organ and the guardian of public welfare,how to balance and position the roles of the two,and how to play the role of judicial supervision over administration,which need further discussion.Although the system has been officially established in China,the problems reflected in the two-year pilot process can not be ignored.Whether these problems can be solved is the key to the smooth operation and development of the administrative public interest litigation system in China.For example,in the pilot process,the identity of the procuratorial organ stems from its dual identity as the judicial procuratorial organ and the legal supervision organ,as well as the new creation of the administrative public interest litigation system.The procuratorial organ needs to urge the administrative organ to perform its duties through the pre litigation procedure,otherwise it should not start the litigation procedure rashly.In the process of the operation of the pre litigation procedure at the practical level,there are relatively principles in the legal level,which are not specific enough.There are also different provisions on how to implement the pre litigation procedure,and the applicable standards are not uniform.Therefore,on the basis of previous studies,this paper first gives an overall overview of the prosecution of administrative public interest litigation,analyzes the rationality of the prosecution as a public interest litigation litigant from the perspective of the eligibility of the prosecution,the supervision of rights and the maintenance of social public interest,and then expounds the current basic situation of the system,combing the newly revised administrative procedure law and the two Gao Lianjie's reference and absorption of the beneficial results of the pilot project have made a positive interaction between theory and practice.At the same time,there are still some unsolved problems in the system.This paper makes a detailed analysis from the prosecution theory,pre litigation stage,in litigation stage and post litigation stage.Finally,it respectively analyzes the prosecution theory,pre litigation stage,in litigation stage and post litigation stage At the same time,some suggestions are put forward to improve the administrative public interest litigation system.