Research On The Pre-procedure Procedure Of Administrative Public Interest Litigation

The pre-litigation procedure of administrative public interest litigation is an indispensable procedure for the procuratorial organ to file an administrative public interest litigation,and is an important part of the prosecutorial public interest litigation system.The administrative public interest litigation pre-trial procedure has achieved great results in the academic circles in urging the administrative organs to govern according to law and safeguarding the public interest of the state and society.The pre-litigation procedure of administrative public interest litigation is based on the legal supervision authority granted to the procuratorial organ by the Constitution,to promote the administration according to law,strict law enforcement,and strengthen the protection of the public interest of the state and society,opening up a new path for public welfare judicial protection.Through the exploration of the basic theory of the pre-litigation procedure of administrative public interest litigation,the analysis of the value and function of the pre-litigation procedure can deepen the understanding of the system.At the same time,further clarify the prominent position and role of the administrative public interest litigation pre-litigation procedure in the judicial system and even the entire rule of law system.Under the background of judicial reform,the administrative organs and judicial organs that are linked through pre-litigation procedures can strengthen exchanges and cooperation,help guide follow-up practices,and promote the construction and development of the rule of law in China.This article is divided into five parts:The first part clarifies the meaning and main content of the pre-litigation procedure of administrative public interest litigation through the general exposition of the pre-litigation procedure of administrative public interest litigation.The administrative public interest litigation pre-appeal procedure refers to the procuratorate finding clues in the process of performing its duties,investigating according to law,and discovering that the administrative organ illegally exercises its power or fails to perform its administrative duties,causing damage to the public interest of the state or society,and should first file an inspection with the administrative organ.It is recommended that the procuratorial organ should be responsible for the performance of its duties.If the administrative organ fails to perform its duties according to law,the procuratorial organ shall file a lawsuit with the people's court according to law.The second part analyzes the effectiveness of the pilot stage and the normalization stage of the administrative public interest litigation pre-procedure procedure,and summarizes the five laws of the legal public supervision,protection public interest,communication dialogue,case diversion and risk prevention from the practice results.Features.The third part focuses on the theoretical significance and cohesive role of the administrative public service litigation procedure in the administrative,prosecutorial and trial areas.It clarifies the guarantee of the administrative law order in the pre-litigation procedure of administrative public interest litigation.On the one hand,it reflects the pre-litigation procedure to respect the administrative self-control.On the other hand,the pre-litigation procedure can supplement the internal administrative supervision by means of external supervision.This paper discusses the improvement of the procuratorial supervision system in the pre-litigation procedure of administrative public interest litigation,and plays an important role in the reconstructed procuratorial supervision system.The establishment of the pre-litigation procedure is in line with the development direction of the new era of procuratorial supervision system,and promotes the legal supervision of procuratorial organs.The shift of focus has strengthened the shortcomings of the prosecutorial supervision system.It also explains the connection between the pre-litigation procedure of administrative public interest litigation and the administrative public interest litigation procedure.The preliminary work of the litigation procedure is smoothly carried out because of the pre-litigation procedure,and the pre-litigation procedure is also backed by the litigation procedure.The fourth part is guided by the theoretical basis and establishes the applicable principles and standards for the procedures before the public interest litigation.Proposing feasible and effective suggestions for specific operational problems such as clue sources,investigation and verification,legal document design,procuratorial recommendations,and follow-up supervision exposed in practice.The fifth part is a conclusion,a concise summary of the full text.