Research On The Dislocation Of The Role Of Procuratorial Organs In Administrative Public Interest Litigation

With the acceleration of the reform of the judicial system in China,the establishment of the administrative public interest litigation system marks the emergence of a new form of supervision by the procuratorial organ-the supervision of the administrative organ by the way of bringing a lawsuit.On the one hand,the procuratorial organ has the public power of the state,and at the same time supervises the administrative organ and the judicial organ.On the other hand,the procuratorial organ has the qualification to initiate a special administrative litigation activity by bringing a lawsuit to the court as a legal "public interest litigant".This is obviously the innovation of the supervision mode of the procuratorial organ.The procuratorial organ is endowed with the legal right to sue against the administrative organ by law,so that the public interests damaged by the illegal act of the administrative organ can be relieved.This objectively makes the procuratorial organ have a dual role,the role of legal supervision and the role of litigation.The two roles belong to different categories: one belongs to the category of "power" and the other belongs to the category of "right".There are essential differences between them.In order to rely on its own role of supervision,procuratorial organs tend to misuse the role of supervision to cover the role of litigation.If the two roles of the procuratorial organ are not corrected,it will be a great test for the good operation of China's litigation system,and there is a risk of damaging the isosceles triangle structure of the litigation of the traditional judicial organ.As the innovation of administrative litigation system in our country,the development of administrative public interest litigation is not allowed under this background.Therefore,it is necessary to put forward correct amendments to the causes of the two roles dislocation of procuratorial organs in administrative public interest litigation.As a new type of administrative litigation,the research of administrative public interest litigation system has never declined from being put forward to being pilot to being statutory.In summary,the current research on administrative public interest litigation focuses on the related issues of the object(administrative public interest litigation system)from the perspective of the subject(procuratorial organ),focusing on the theoretical system level research,and there are few papers on the analysis of the specific practical application of the system.Based on the basic national conditions of China,China should focus more on practical research and use practice to inspect Check the rationality of the system.Therefore,the purpose of this paper is to study the influence of the establishment of administrative public interest litigation system on the transformation and application of the powers of procuratorial organs,enumerate the role dislocation phenomenon caused by the confusion of the powers of procuratorial organs in public interest litigation,analyze the causes of this phenomenon,and combine the current system and related theories Finally,it puts forward specific suggestions on how to correct the dislocation between the two roles.Generally speaking,based on the specific application of administrative public interest litigation system in China,this paper analyzes its shortcomings and puts forward its own suggestions.This paper consists of five parts:The first part: through the introduction of the background of the topic selection,it leads to the purpose and significance of the research questions;collects and summarizes the current academic research status of such questions and comments on them;leads to the central argument of the article;lists the main research methods of the overall research framework of the article.The second part: this part is the starting point of the article,which analyzes the role dislocation of the procuratorial organ in the administrative public interest litigation.First of all,it puts forward the objective fact that the procuratorial organ has two roles of supervisory power at the same time.Then it analyzes the internal contradictions between the two roles of the procuratorial organ in the process of litigation activities,summarizes the law of its dislocation through case analysis,and differentiates the two stages of the trial process and the end of the trial,summarizes the adverse effects of the dislocation of the two roles of the procuratorial organ on the process of litigation in different stages of litigation,and then leads to the following solutions to the problem of the role dislocation of the procuratorial organ The concept of the case.The third part: this part is the focus of this article.This paper analyzes in detail the causes of the dislocation of the two roles of the procuratorial organ.Generally speaking,it includes three aspects.First,there are theoretical disputes on the specific identification of the two roles of the procuratorial organ.It analyzes various theories in the current theoretical circle,summarizes their advantages and disadvantages,and compares and analyzes the rationality of the identification of the procuratorial organ's corresponding legal supervision role and the plaintiff's subject qualification corresponding to the "public interest litigation prosecutor";second,it puts forward the current relevant laws and regulations And the judicial interpretation for the "public interest litigation prosecutor" essence of the fuzzy and evasion;finally,the analysis of the prosecution and judicial organs for the "public interest litigation prosecutor" identity of different opinions lead to the prosecution in the exercise of power in the two roles of confusion on the specific system operation.The fourth part: the concrete assumption of the correction plan of the role dislocation of the procuratorial organ.First of all,through the discussion of the harm of the role dislocation of the procuratorial organ in the administrative public interest litigation activities,the paper points out the benefits of the amendment,and expounds the importance of the construction of the coordination breaking system.Secondly,it puts forward specific plans for the construction of the coordination system,including the improvement of relevant legal systems,through the substantive identification of the identity of "public prosecutor" by law,to solve the contradictions in the relevant judicial interpretation and implementation methods with low effectiveness.The author points out that the procuratorial organs of the right of action and the right of supervision should be divided into two levels: horizontal and vertical,so that the superior and subordinate procuratorial organs and the same organ can make different division on the enjoyment of the right of supervision and the right of action.The same subject should not be allowed to enjoy the right of litigation and supervision at the same time,so that the abuse of power occurs after entering the litigation activities.The construction of the argumentation coordination system should emphasize the independence of the trial and the procedural nature of legal supervision,adhere to the due process,guarantee the court's independent exercise of judicial power according to law,and resolve the contradiction between the abuse of legal supervision authority and the judicial organ in the public interest litigation activities.The fifth part: summarizes the whole paper.