| Administrative public interest litigation is based on the procuratorial organ’s right of legal supervision,through the supervision of administrative acts of administrative organs to achieve the purpose of protecting national public interests.Different from general administrative litigation,administrative public interest litigation has different interest subjects and prosecution subjects,different procedures and so on.At the same time,after the pilot practice certification,there are external conflicts between the procuratorial power of the procuratorial organ and the executive power of the administrative organ;The internal conflict between the supervisory position and the litigation position of the procuratorial organ.In our country,the powers and authorities of office of procuratorial organs have already written constitution,it is as a legal supervision authority supervision and other main body behavior in our country,the administrative public interest litigation is the power of fully manifests,also is the development trend of new era impartially,wrong positioning function of procuratorial organ in the administrative public interest litigation status,would hurt the function of procuratorial organs constitutional connotation,Affect the unified implementation of China’s legal system.Further from this article obtains from the concept of public interest litigation system attributes,prosecution and civil public interest litigation subject,scope of accepting cases three aspects of the comparison this paper discusses the connotation of administrative public interest litigation,namely when the administrative body of the illegal act or omission cause public interests is damaged,the specific main body in order to maintain the public interest,in its own name to the court of administrative litigation.Then combined with the administrative public interest litigation system of Our country,through the definition of procuratorial power analysis,it is concluded that under the background of the new era,procuratorial power plays a unique supervisory role in judicial proceedings.The implementation of procuratorial public interest litigation system reflects the connotation of the new era that procuratorial organs implement supervision power on behalf of public interest,and leads to the legitimacy of procuratorial organs to file administrative public interest litigation.In the second part of the article mainly discusses the rationality of the position of legal supervisor in the administrative public interest litigation,through the plaintiff said,public welfare representative said,administrative public prosecutor said and legal supervisor said respectively listed and analyzed,discusses the advantages and disadvantages of each theory,From the characteristics,attributes and the connotation of The Times of legal supervision,it is concluded that the legal supervisor is the best position of the procuratorial organ in the administrative public interest litigation.In the third part,through the analysis of the legislative status and typical cases,it points out the realistic dilemma caused by the positioning deviation of the procuratorial organ at the present stage,including the loopholes in the pre-lawsuit procedure,the imbalance of the procuratorial organ’s litigation status,and the unclear relationship between the protection of public interests and the right of legal supervision.The fourth part,combining with practical cases and the improvement of the existing laws and regulations put forward the corresponding path,the final conclusion,namely the new era of procuratorial organs should be firmly based on the law supervisors identity,through continuous practice in the aspect of theory gradually perfecting the concept and connotation of legal supervision clear public interest litigation is the legal supervision in the public interest litigation in the field of new form of explicit,We should deal with the supervision and litigation status correctly and give full play to the supervision and relief function of the pre-lawsuit procedure.Of course,there are still some shortcomings in this paper.In the discussion of the relationship between public welfare protection and legal supervision,there are theoretical analysis but insufficient practical evidence.There are some deficiencies in the improvement suggestions of the procuratorial suggestions,which need further research and analysis.I hope teachers and students can make corrections. |
