Research On The Pre-litigation Procedure Of Administrative Public Interest Litigation In China

Previously,prosecutors were authorized to initiate administrative public interest litigation in 13 pilot areas,among which the pre-litigation procedure system has a significant legal status and a more obvious practical significance.During the pilot period,we found that most administrative public interest litigation cases could be completed in the pre-litigation stage.The design of pre-litigation procedure system plays an important role in the whole administrative public interest litigation system.As an important procedure of the administrative public interest litigation system,pre-litigation procedure is also a necessary procedure.However,the current law does not clearly stipulate the specific rules of the pre-litigation procedure system,and the latest judicial interpretation of the administrative procedure law has no detailed provisions on the pre-litigation procedure.From the pilot experience of the previous two years and the current comprehensive practice,the significance of pre-litigation procedure is more significant.The legal provisions on the pre-litigation procedure are only one or two attached to other laws or judicial interpretations.Such legal provisions and judicial interpretations are lacking,and it is urgent to formulate and improve relevant legal contents.This paper is devoted to how to improve the administrative public interest litigation procedure system.This paper focuses on the theme of administrative public interest litigation pre-litigation procedures,through the pilot and practice analysis and summary of experience,find out the problems,but also pay attention to draw lessons from the advanced experience of developed countries for pre-litigation procedures,the main purpose of this paper is to analyze the most prominent problems of pre-litigation procedures,pointed out the improvement measures.First,the overview of the pre-litigation procedure of administrative public interest litigation,including the interpretation of theory and meaning;Secondly,it introduces the functional value and characteristics of the pre-litigation procedure of administrative public interest litigation initiated by the procuratorial organ,and compares the differences and connections between the litigation procedure and thelitigation procedure,so as to better understand the litigation procedure.Thirdly,through the analysis of administrative public interest litigation,the effectiveness and existing problems of the implementation of the litigation procedure are analyzed.Finally,on the basis of reference and innovation,this paper makes a comparative study on the pre-litigation procedure of administrative public interest litigation in civil law countries and common law countries,which is helpful to put forward specific measures to improve the pre-litigation procedure system of administrative public interest litigation.The three innovation points put forward in this paper include the suggestion that the procuratorial organ be endowed with certain investigative power,examine whether the administrative organ performs its duties according to the behavior or result of different cases,and set up the pre-litigation procedure reply procedure of the administrative organ for special cases.The design of pre-litigation procedure system plays an important role in the whole administrative public interest litigation system.Because we do not want to pursue the prosecution rate and litigation rate is how high,as long as the legal and reasonable resolution of contradictions,can achieve the maintenance of public interests and social stability is scientific and desirable system.