Improvement Of The Procedure Before Prosecution Of Administrative Public Interest Litigation By Procuratorial Organs

The procuratorial organ brought it up.Administrative public welfare Pre-litigation procedure refers to the initiation of proceedings in the procuratorial organs Administrative public welfare Before litigation,the administrative organ shall issue a pre-lawsuit procuratorial suggestion to the administrative organ to supervise and urge the administrative organ to perform its duties in accordance with the law or to correct the illegal administrative act,and to reply to the handling of the procuratorial organ's case within a reasonable time limit.If the administrative organ still fails to fully perform its duties within the statutory time limit,the procuratorial organ may file a public interest lawsuit against the administrative organ.Based on the analysis of 191 administrative public interest litigation judgments published by the "China Judicial Documents Network" in 2018,this paper analyzes the administrative public interest litigation pre-litigation procedure from the perspective of judgments and finds that the current administrative public interest litigation pre-litigation procedure system is not perfect.In order to deeply analyze the specific problems existing in the system and give reasonable suggestions for improvement,the article discusses the system in depth from the aspects of starting the pre-litigation procedure,the contents of the prelitigation procuratorial suggestions,and the supplement of the pre-litigation procedure forms in the specific administrative public interest litigation cases.First of all,it expounds the research background of the article.Research status,research methods and innovations.Secondly,it should be brought up from the procuratorial organs.Administrative public welfare The concept and characteristics of the procedural system before litigation are analyzed,and the theoretical support of the system is analyzed.And then.Through the comparison and demonstration between this system and other litigation pre-procedures Administrative public welfare The practical value of the procedure before litigation.Again,Through Organize the procuratorial organ to bring it up.Administrative public welfare This paper summarizes the problems existing in the operation of the system,and sums up the core problems existing in the system,as well as the development course of the pre-litigation procedure system and the implementation effect from the pilot stage to the present.Then it makes a specific analysis of the problems found,through the statistical analysis of the collected cases and combined with the specific case analysis,it is found that the contents of procuratorial recommendations in the cases where public interest litigation is brought are not clear.The meaning of the reply period is not clear and the pre-litigation procedure is single.Finally,in view of the problems obtained from the analysis,this paper puts forward the following aspects: the contents of the recommendations that can be recommended before the prosecution are clearly stipulated,and the establishment of the recommendations is made.Administrative public welfare The mechanism of case classification and supervision,right or not? The same Type of Administrative public welfarein that case of the case of the pre-appeal procedure,the term meaning of the reply term and the time limit for the performance of the prior hearing system and the dynamic supervision mechanism for the pre-litigation hearing system and the case shall be clearly defined,meanwhile Recommendations Set up Administrative public welfare Pre-litigation hearing system With a view to Administrative public welfare The improvement of the procedure before litigation makes certain contributions.Figure1;Table1;Reference 50...