| Theoretical controversies over objective litigation is a significant cognitive cause giving rise to the long absence of administrative public interest litigation in China. After the system of administrative public interest litigation brought by the procuratorate has been established by legislation, relevant theoretical researches and supporting mechanisms need to be improved. In the two-year pilot program, the system of administrative public interest litigation brought by procuratorial organs has already displayed many characteristics of objective litigation, such as taking substantive illegality as the standards of prosecution and review of administrative public interest litigation, defining public interest litigator as both the prosecutor and supervisor, using pretrial proceedings as a highly effective means of supervising law enforcement, giving procuratorial organs both the general investigation power and the responsibility for persuasion, and so on. However, there are still some deeply rooted problems in the relation between reform and rule of law. In the construction of the procuratorial administrative public interest litigation mechanism, China should highlight the protection of the objective order as one of the purposes of public interest litigation. Meanwhile, principles of objective litigation should also be highlighted in such aspects as the purpose of litigation, scope of accepting cases, jurisdiction, trial rules and types of judgment. |
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