On The Improvement Of Administrative Public Interest Litigation System In China

Since the pilot development of administrative public interest litigation system,in the process of judicial practice,it has shown great advantages in protecting national and social public interests and supervising government administrative acts,but at the same time,we should also clearly recognize the factors restricting the further development of the system.As a new system still being explored and developed,it is different from private litigation,some problems existing in these four aspects are also the main problems to be solved in the current judicial practice: first,the scope of accepting cases is narrow,the areas such as close attention to the people and strong reaction to production safety have not been involved for the time being;second,the scope of plaintiff qualification is narrow,and only the procuratorial organs have the legal provisions at present.The third is the imperfect regulation of pre-litigation procedure,which lacks legal guarantee for the vital right of evidence investigation and verification which affects the function of pre-litigation procedure;the fourth is the unclear distribution of burden of proof,which neither clearly stipulates the rule of "inversion of burden of proof" in administrative proceedings,nor does it stipulate that the party who makes a positive claim by reference to civil action should prove it.In order to provide suggestions for solving the above problems,this paper uses literature research.This paper reviews the background of the system,combs the basic situation of legislation and typical cases in judicial practice,and summarizes the existing problems of the system.The second is mainly the investigation of this system in Taiwan,through the analysis of the specific cases of it in Taiwan,combined with the specific actual situation of the development of the system in Chinese mainland,it is found that the provisions of allowing social organizations to start a suit in Taiwan are worthy of reference in the mainland.The third chapter is mainly about summing up the practical results,referring to the overseas experience,and combining with the actual conditions of China’s current economic and social development.The system of our country is gradually improved from the following aspects: one is to reasonably define the public interest and explore to expand the scope of accepting cases of administrative public interest litigation;the second is to fully affirm the role of social organizations and allow multiple prosecution subjects;the third is to perfect the pre-litigation procedure legislation and implement the right of evidence investigation and verification;the fourth is to distinguish the nature of administrative acts and make clear the applicable rules of burden of proof.Starting from the key aspects,we should gradually improve our administrative public interest litigation system and adapt to the further requirements of social development for the protection of public interest.