Probing Into The Procedure Of Administrative Public Interest Litigation

Exploring the establishment of an administrative public interest litigation system is an important reform task proposed by the CPC Central Committee since the Fourth Plenary Session of the 18 th Central Committee.With the launch of the pilot work in 2015,it will be launched nationwide by 2018.Procuratorates Institute administrative public interest litigation system in our country has achieved more and more remarkable results and is also a beneficial attempt to establish a sound judicial system reform.Compared with the system of public interest litigation in Western countries,the establishment of pre-litigation procedure in administrative public interest litigation initiated by procuratorial organs is a unique innovation in our country.The results of three years of practice had also demonstrated the usefulness of pre-appeal procedures.Due to its unique predisposition and independence,the pre-litigation procedure of administrative public interest litigation has played a huge role in public welfare litigation.It provides a new feasible path for maintaining public interests,greatly saves judicial costs and improves the efficiency of handling cases.Before the prosecution procedure,the administrative organs and the procuratorial organs were classified as a front in a soft way.This improved the initiative of the administrative organs to correct themselves and perform their duties,and effectively safeguarded the independence and administrative credibility of the administrative power.Moreover,the procuratorial organs can effectively protect the national and social public interests by means of procuratorial suggestions without prosecution,and reduce or nullify a series of procedures such as litigation,trial and execution,thus avoiding problems such as "difficulties in implementation".It has greatly preserved the credibility of the judiciary.At present,there are still various problems in the pre-litigation procedure of administrative public welfare litigation in China,such as the lack of legal basis,the lack of operability of the pre-prosecution procedure,the incomplete establishment of some systems,the single source of case clues,the insufficient staffing of procuratorial organs,and the lack of professional ability.The author puts forward the corresponding countermeasures to these problems.First,strengthen the legislation and refine the provisions of the administrative public interest litigation procedure,such as improving the working mechanism of investigation and evidence collection,and clearly investigating the nuclear power and its safeguards;Establishing internal and external coordination mechanisms to promote the sound development of the pre-prosecution process;We will expand the scope of pre-prosecution procedures,innovate the form of pre-prosecution procedures,and establish a pre-prosecution appraisal system.The second is to optimize the staffing of prosecutors and improve their professional capabilities;Recruit professionals to improve the quality of procuratorial recommendations.Third,we will build a platform for people to participate in the pre-litigation process by relying on "Internet +" technology.Fourth,we will improve the pre-prosecution supervision mechanism and supervise administrative organs to correct mistakes and perform their duties through regular disclosure of the progress of procuratorial recommendations and notification to higher authorities.At the same time,the "people's Congress supervision","self-supervision" and "mass supervision" are all Trinity,and supervision of the procuratorial organs is strengthened.In addition,the provisions of the Administrative Procedure Law and the Civil Procedure Law on the scope of administrative public welfare litigation and civil public welfare litigation have come into play.Preappeal procedures for administrative public interest litigation are recommended as a priority.