On The Identity Of Procuratorial Organs In Administrative Public Interest Litigation

Chapter three of the constitution of the People’s Republic of China clearly stipulates that the identity of the procuratorial organ is the legal supervision organ.As the fundamental law of our country,the constitution expresses the identity of the procuratorial organ in the form of legal rules,so there should be no dispute about its identity,but the reality is not so.On the one hand,in the legal relationship of administrative public interest litigation,one is the procuratorial organ,the other is the administrative organ which manages the state social affairs.On the other hand,from the analysis of substantive law,the relevant laws and judicial interpretations of administrative public interest litigation do not clearly stipulate the specific rights and obligations of procuratorial organs in administrative public interest litigation.In the interpretation of the Supreme People’s court and the Supreme People’s Procuratorate on the application of law in procuratorial public interest litigation cases(hereinafter referred to as the interpretation of Several Issues)issued in 2018,in the part of rights and obligations of procuratorial organs,the identity of their rights has not been stipulated,so the nature of procuratorial organs has not formed a unified understanding in the theoretical circle.Although the Constitution stipulates the nature of procuratorial organs,it is analyzed from the perspective of actual law,and the topic we discuss-the identity of procuratorial organs in administrative public interest litigation is discussed in the ought to be law,that is,the legal provisions are the national legal supervision organs,but in reality,the positioning of procuratorial organs is a controversial topic,we can not because of its legitimacy The two problems are different.At present,there are several views about the identity of procuratorial organs in administrative public interest litigation,such as the plaintiff’s theory,the legal supervision theory,the administrative public prosecutor’s theory,the public interest representative’s theory,the dual identity theory and the public interest litigant’s theory.Based on the constitutional status and litigation purpose of the procuratorial organ,the theory of administrative public prosecutor,combined with the nature,characteristics,trial stage and the main responsibilities of the procuratorial organ,defines the identity of the procuratorial organ,which is the preferable viewpoint among the above several standpoints.The theory of the administrative public prosecutor can not only reflect the legislative purpose of the administrative public interest litigation to safeguard the interests of the unspecified majority,but also conform to the nature of the procuratorial organ itself,supplement the system of the administrative public prosecution,conform to the appellation of the procuratorial organ in the criminal procedure,conform to people’s language habits in the litigation,and facilitate people’s appellation and corresponding appellation of the people in court in practice The arrangement can save judicial resources.Therefore,the identity of the procuratorial organ in the administrative public interest litigation as the administrative public prosecutor can not only solve the current disputes about the administrative public interest litigation,but also lay the foundation for the administrative public prosecution system,which plays an important role in promoting the rule of law government.