Improvement Of Pre-litigation Procedures Of Administrative Public Interest Litigation

Since the Fourth Plenary Session of the Eighteenth Central Committee of the Party proposed to explore the establishment of an administrative public interest litigation system initiated by the procuratorate,after two years of pilot work,the Administrative Public Litigation Law of the People 's Republic of China was formally established in 2017 when the Administrative Litigation Law of the People 's Republic of China was revised.system.The administrative public interest litigation pre-litigation procedure means that the procuratorial organ should issue a procuratorial recommendation to the administrative organ to urge it to perform its statutory functions or rectify illegal activities before filing an administrative public interest litigation with the people 's court,and request the administrative organ to reply and report work within the prescribed time limit.The progress.As a bright spot in the design of the administrative public interest litigation system,the pre-litigation procedure embodies the humility of the procuratorial power and respect for the self-control of the administrative power,and has gradually become the main means for the procuratorial organ to handle administrative public interest litigation cases.In practice,more than 80% of the administrative public interest litigation cases are resolved through the pre-litigation procedure,and the pre-litigation procedure plays a huge role in the administrative public interest litigation.It has a significant effect in urging administrative agencies to consciously correct mistakes and save judicial resources.However,there are still many shortcomings in the system design of the pre-litigation procedure at this stage,and many problems have been exposed in practice.The design of the two-month response period is too rigid to meet the practical needs of complex and difficult cases;the standard of performance of the administrative organs is unknown;the source of the case is single;the procuratorial agency has difficulty in investigating and obtaining evidence;the procuratorial recommendations are not operable.The improvement of the pre-litigation procedures of administrative public interest litigation is of great significance to better realize the legislative purpose of the administrative public interest litigation system,guarantee the administrative power of the administrative organs,and protect the public interest.In order to solve the above problems,it is necessary to strengthen the prosecutorial authority's power of investigation and evidence collection,broaden the sources of case clues,clarify the performance standards of administrative organs,establish flexible performance deadlines,and refine procuratorial recommendations and other measures to further prosecute administrative public interest litigation Improve the procedure system.