Study On Procedures Before Litigation When Procuratorial Organs Initiate Administrative Public-Interest Litigation

Procedures before litigation when a procuratorial organ initiate a public interest litigation refer to those pre-procedures that a procuratorial organ should perform before initiating a civil and administrative litigation for public interest,such procedures are characterized by the inevitability of procedures and the specificity of methods.The pilot work of administrative litigation for public interest initiated by a procuratorial organ have the features such as the procedures before litigation play an important role,they concentrate mainly on the field of ecological environment and resource protection,it generally shows a positive development trend,etc.Pre-procedures means that the procuratorial organ should supervise the administrative organ before initiating a litigation in order to urge the administrative organ to exercise its administrative functions according to law.To be more specific,the procuratorial organ should require the administrative organ to make the necessary corrections for its previous illegal activities and violations within a specific period of time in writing,if the administrative organ does not make the necessary corrections for its illegal activities and violations or put off the deadline,the procuratorial organ can initiate a litigation against the administrative organ.Otherwise,the procuratorial organ does not need to initiate an administrative litigation against the administrative organ if the administrative organ have made the necessary corrections for its illegal activities and violations in a timely manner without causing a loss to the society and the country.Pre-procedures are very essential but also extremely reasonable,and first of all,it can help the administrative organ to correct its administrative violations proactively.Administrative management is very professional,involving very complicated matters with a high level of discretion,and therefore,if pre-procedures are set,the administrative body can find the problems through self-checking and correct the mistakes in a timely manner,while there is no need for the procuratorial organ to initiate an administrative litigation.Secondly,it can help save judicial resources and improve the efficiency of administration.Some cases can be solved without judicial proceedings,and then,in order to avoid importunate appeals,this can greatly help save judicial resources.From another point of view,contradictions are solved without the need of litigation,which can not only improve the efficiency of problem solving but also facilitate the construction of a harmonious society.Currently,the clues of cases are mainly from the supervisory duties and responsibilities fulfilled by procuratorial organs,most of them are the cases relating to administrative omission,the cases in which administrative organs exercise official powers illegally account for only a small proportion in the total.Generally,the grassroots procuratorial organ initiate an administrative litigation for public interest and the government department at the county level is the prosecuted administrative organ.The related regulations for procedures before litigation first appeared in Decisions to Carry out the Pilot Work by Authorizing the Supereme People's Procuratorate to Develop the Reform of Public Interest Litigation in Some Regions,and then there are more details in Pilot Program for Procuratorial Organs to Initiate an Public Interest Litigation,and meanwhile the supporting content are given in Measures for the Implementation of Pilot Work for the Supereme People's Procuratorate to Initiate an Public Interest Litigation.Pre-procedures are set for procuratorial organs before initiating an administrative litigation for public interest.Procuratorial organ has the right to investigate the administrative actions of the administrative organ,no matter discovered by the administrative organ itself or reported by a citizen or a team,when there are indeed improper administrative actions in the administrative organ and this has done harm to the interests of the country or the society,the procuratorial organ should send a written suggestion from prosecutorial organ to the administrative organ.In this written document,it is necessary to clearly point out the specific content of unlawful acts by the administrative organ and provide the corresponding suggestions,and moreover,it is important to set a deadline for the administrative organ to make the necessary corrections for its illegal activities and violations and give the administrative organ a warning to stop the misconducts immediately.When the administrative organ gives little care to the written suggestion from the prosecutorial organ,the prosecutorial organ should take legal action immediately and appeal the court's decision to stop the administrative organ from damaging the interests of the country or the society and seek compensation for losses.If procuratorial organ discover that there are duty-related crimes in the administrative organ,they should be submitted together with the documents for the case in order to improve the utilization efficiency of judicial resources.The setting of pre-procedures have two main functions:first of all,administrative organs can have the chances to correct their mistakes so as to adhere to the law-based administration and improve the quality of administration;secondly,the workload for prosecutorial organs can be cut down significantly,which helps prosecutorial organs focus more on the cases of administrative public interest litigation that severely impair the society or the country.On the whole,it's increasingly clear that prosecutorial organs tend to initiate administrative public interest litigation,but there are still some problems in the following aspects such as how to link up with Administrative Procedure Law,how to determine the dominant role of prosecutorial organs as well as how to identify administrative omission as well as the orientation of procedures before litigation,etc.Hence,it is necessary to make a more detailed analysis on the value of the pre-procedures system as well as its practical effect and to specify various regulations about the procedures before litigation,and then in this case,the system of pilot work can be more improved,which can help to lay a good foundation for the development of legislative work.