Research On The Pre-litigation Procedure Of Procurator Public Interest Litigation

The pre-litigation procedure of procuratorial public interest litigation mainly refers to the pre-procedure that the procxuratorial organ should perform according to the law before bringing civil and administrative public interest litigation to tihe court.Only after fulfilling the pre-procedure,if the dispute has not been resolved,can the public interest litigation be formally instituted.Therefore,the pre-procedure should be statutory and necessary.Yes.China's "Civil Procedure Law,55 articles and "Administrative Procedure Law" 25 articles respectively on the procuratorial organs to initiate civil public interest litigation and administrative public interest litigation provisions,these two public interest litigation powers formally constitute the procuratorial organs of our public interest litigation system.However,the legislation also clearly stipulates that in civil litigation cases,"in the absence of the organs and organizations specified in the preceding paragraph or the organs and organizations specified in the preceding paragraph do not bring a lawsuit" and administrative litigation cases "should put forward procuratorial suggestions to the administrative organs and urge them to perform their duties according to law.Only when administrative organs fail to perform their duties according to law can public interest litigation be instituted,which is the pre-litigation procedure we study.As far as civil litigation is concerned,the procuratorial organ must satisfy one of two conditions in order to initiate public interest litigation:first,there is no organ or organization responsible for ecologieal environmental protection and food and drug safety;second,there is an organ or organization responsible for ecological environmental protection and food and drug safety,but not fulfilling the obligation of prosecution;as far as administrative litigation is concerned,the procuratorial organ or organization is responsible for ecological environmental protection and food and drug safety.If the procuratorial organ wants to initiate a public interest litigation,it must satisfy the supervision of the procuratorial suggestion.If the administrative organ still fails to perform its duties,it can initiate an administrative public interest litigation.Therefore,the procuratorial public interest litigation procedure is also set up to safeguard the legitimate interests of the state,society and citizens,with strong Chinese characteristics.But at present,there are a series of problems in publie interest litigation and administrative publie interest litigation in the civil field,such as the eligibility of subjects in civil public interest litigation,the single source of environmental administrative public interest litigation,the unclear content of procuratorial advice,the lower level of litigation and so on.Set up more standardized standards and procedures,so that pre litigation procedures can effectively play the role of procedural law.Based on the attributes and characteristics of the procuratorial organs'right to public interest litigation,this paper first outlines the proeuratorial organs' system of public interest litigation,briefly introduces the concept and value of public interest litigation,and further strengthens the theoretical basis of procuratorial organs'participation in public interest litigation;secondly,it focuses on the status of pre-litigation procedure in public interest litigation.Comparing with the procedure of public interest litigation in foreign countries,this paper puts forward the necessity of setting up the procedure of public interest litigation in our country;at the same time,it makes an empirical analysis on the current situation of the operation of the procedure of public interest litigation in our procuratorial organs,finds out the existing problems,summarizes the experiencee and puts forward the practical basis for the follow-up suggestions;finally,it finishes with the conclusion.Seven countermeasures are put forward to improve the pre-litigation procedure of the public interest litigation of the procuratorial organs in our country.This paper demonstrates the scientificity of the pre-litigation procedure of procuratorial public interest litigation in lawsuit legislation,realizes the legal purpose of public interest litigation,promotes the protection of public interest litigation right of procuratorial organs and the performance of administrative organs.