An Empirical Study On The Pre-litigation Procedure Of Administrative Public Interest Litigation

As an indispensable procedure for administrative public interest litigation,pre-litigation procedure has a decisive influence on the final outcome of the decision-making and formation of administrative public interest litigation taken by the procuratorial organs.In recent decade,2 years of public interest litigation pilot just ended,and then the administrative public interest litigation and its pre-litigation proceedings turned into a new stage.Now,it is helpful to improve the efficiency of the next work of the system in the furture and to justify the implementation of the procedure of the administrative public interest litigation proceedings before the pilot stage.This paper analyzes the origin and function of the pre-litigation procedure in the administrative public interest litigation by researching the emergence and development of the administrative litigation procedure.This paper also summarizes the practice and experience of foreign pre-litigation procedures,including pre-litigation identification,pre-notification and reporting,pre-administrative relief pre-system,etc.This paper summarizes the theoretical problems in the implementation process through analyzing the cases of administrative public interest litigation taken by the procuratorial organs and the main characteristics of the pre-vending procedure and the causes of litigation.Next,this paper sorts out the problems in the implementation of the pre-litigationl procedure.For example,if the administrative organ violates the exercise of the power or omission,whether the procuratorial organ has the right of statutory investigation,what is the standard of the evidence of the violation of the public interest,and how to decide whether the administrative organ takes full judgment and other important issues.In order to solve the practicial problems,this paper tries to come up with several solutions through the principles,the laws and the system in the process of the pre-litigation procedure in the pilot process.Author hopes that these solutions will be carried out in the administrative procedure.What's more,it is also useful to make deeper discussion.