중국행정소송에서 검찰기관(检察机关)의 소제기에 관한 연구

Abstract

Administrative litigation law plays an important role in solving administrative dispute, but there is still a problem that administrative litigation law has never been corrected during its implementation for more than 20 years, and that has resulted in it lagging behind the development of the society seriously ;it does harm to solving administrative dispute in time to maintain stable social order and improve the efficiency of the administration. As the national prosecuting authority, the procuratorial organ has the right of supervising administrative proceedings according to the provisions of the administrative procedure law , and there has varying opinions about whether this right includes the procuratorial organ fileding administrative proceedings, some people hold positive views, but some others don’t. There is phenomenon of administrative violations that national or public interests are infringed in real life. It urgently needs an eligible subject to initiate administrative public interest litigation standing for country. Because of associating with the public interest , this right should be given to procuratorial organ and it is becoming mainstream ideas and trends. Moreover procuratorial organ can play a role to protect the public interest and to contain administrative rights by fileding administrative proceedings.