Study On The Pre-litigation Procedure Of Administrative Public Interest Litigation Filed By Procuratorate

After two years of pilot work,the procuratorial organ filed an administrative public interest litigation system and finally established the procuratorial organ as the main body of the administrative public interest litigation.It is not only a breakthrough in China's old "rights of litigation",but also a public interest litigation in China,especially administrative.A bold innovation in the public interest litigation system marks the expansion of the scope of the appropriate subject of administrative public interest litigation in China,and also points out a new direction for the goal of protecting public interest.The goal of reform is to develop better.The accumulation of practical experience will promote the reform of theory and system.Just as the procuratorial organ initiated the reform of administrative public interest litigation,although the theory lags behind the practice,it has accumulated many years of practical experience and experience.After two years of "pilot test",this reform has achieved initial results,and built a set of systems to make up for the shortcomings in the administrative litigation system.However,the process of reform is not a one-step process,and the problems arising during this period still need to be given sufficient attention.This paper mainly regards the pre-litigation procedure in this system as the research object.The main body of the article is divided into five parts: The first part is an overview of the procuratorial administrative public interest litigation and pre-litigation procedures,and introduces the origin and development process of “public interest litigation”,“administrative public interest litigation” and “procedural administrative public interest litigation”,and The connection between the three.It also provides an overview of the application of the pre-trial system.Then,from various aspects,the validity and feasibility of the procuratorial organs participating in administrative public interest litigation and the application of pre-litigation procedures are confirmed.The second part,from the aspects of laws,regulations and practical operations,demonstrates the problems that may exist in the prosecutorial system of prosecutorial public interest litigation in China.The third part is mainly to summarize the relevant systems of other countries and get inspiration from them.The fourth part proposes solutions to the problems raised in the second part and the revelations of the third part and proposes other perfect suggestions.The last part gives a brief review and summary of the article.