An Analysis Of The Pre-procedures For The Procuratorate To Initiate Administrative Public Interest Litigation

In order to adapt to the rapid economic and social development,efectively solve the emerging social contradictions and problems,to maximize the timely protection of social and public interests,China's administrative public interest litigation system came into being as the times require,and gained legislative and policy support.However,there are few rules and regulations on the pre-program of the system.Therefore,it can be said that its in-depth systematic research has great theoretical and practical significance.In theory,with the development of administrative public interest litigation system,most scholars have carried out a comprehensive study on the connotation and scope of administrative public interest litigation,but the systematic study of administrative public interest litigation procedure is very small.To this end,the study of administrative public interest litigation prerequisite program can show its innovative value.In practice,the construction of a comprehensive administrative public interest litigation procedure can prevent the occurrence of indictment,improve the efficiency of solving social contradictions and problems,and effectively save the judicial resources.In view of this,this article will from four aspects of the prosecution administrative administrative litigation proceedings in-depth analysis,hope to promote the administrative public interest litigation pre-order further development.The first part:the prosecution of administrative public interest litigation proceedings ahead.This paper mainly introduces the theoretical support and realistic demand of the administrative public interest litigation in the procuratorial organs,and then explains the concept and characteristics of the pre-procedure of the administrative public interest litigation and the value analysis of the pre-set procedure of the public interest litigation.The second part:Experience of Pre-procedure for Administrative Public Interest Litigation.This paper mainly introduces the experience of German and Japanese civil law litigation in the United States,Britain and continental law system,and then draws some useful experiences in the prerequisite procedure of public interest litigation,learn from.The third part:the experience of the procuratorial organs in China.This paper analyzes the difficulties and problems in the process of pre-litigation procedure,and lay the foundation for the construction of administrative public interest litigation procedure.The fourth part:thinking about the construction of procuratorial organs to bring forward the procedure of administrative public interest litigation.Mainly from the scope of application of the pre-program,the contents of the prosecution proposal,the time limit and the circumstances of the exemption and other aspects of one by one analysis,and strive to build in line with our national conditions of administrative public interest litigation pre-procedural model contribution modest.