On The Dilemma And Solution Of My Country's Procuratorial Administrative Public Interest Litigation

For a long time,due to the existence of a large number of illegal acts that seriously harmed the public interest,and the administrative organs at all levels with regulatory obligations have long been inactive and unfulfilled,China established the administrative public interest litigation system in June 2017.And continue to promote its development and improvement.From the current practice situation in various parts of the country,the administrative public interest litigation has not only made the structure of China's administrative litigation more perfect and reasonable,but also played an important role in safeguarding the public interest of the state and society,promoting the rule of law government,the legal society and the rule of law.However,there are still many problems in the judicial practice of public interest litigation,the narrow scope of statutory cases by the procuratorate,the lack of clarity in the relevant fields,the lack of discovery and conversion of cases.Based on the above problems,the reason for the above problems is that the judicial experience of administrative public interest litigation in China is insufficient.The relevant laws and regulations are not clear enough for the provisions of administrative public interest litigation.The complexity of administrative illegal acts has intensified the supervision of the procuratorate.In the predicament,there are contradictions between the procuratorial organs and the administrative organs.In the process of studying the above problems,by analyzing the connotation,characteristics and theoretical support of the administrative litigation system,it is proposed that the practical dilemma faced by administrative public interest litigation should mainly define the definition of public welfare from the legal system,appropriately expand the scope of the case,and actively expand the channels for finding clues.Improve the investigation and evidence collection mechanism of the procuratorial organs,strengthen the construction of the people's bank,improve the operational capacity of the procuratorial organs,clarify the relationship between pre-litigation and litigation procedures,improve the pre-litigation procedures,improve the mechanism operation and procedures of the procuratorial organs and administrative organs,and establish judgment execution.The supervision mechanism and other aspects were rectified,and the benign operation of the administrative public interest litigation was promoted and promoted in an all-round way.