Research On The Procedure Before Administrative Public Interest Litigation Of Procuratorial Organ

The Supreme People's Procuratorate Conducts Public Interest Litigation by means of top-level design,legislative authorization and selection of pilot projects.During the pilot project of Public Interest Litigation in procuratorial organs,procuratorial organs handled a certain number of administrative public interest litigation cases.Most of the cases can be in before litigation procedure to achieve the purpose of protecting public interests,not necessarily in the process of litigation,before litigation procedure has become the main form of administrative public interest litigation cases and important form,has important practical significance.Although the Administrative Public Interest Litigation and pre-litigation procedure are simply stipulated in the administrative procedure law and other relevant laws,the Supreme People's Procuratorate also hopes to continuously improve the system by publishing typic al cases,etc.Make the system of the long run be a long-term operating mechanism.However,judging from the current situation of the trial and post-trial pre-appeal procedure system,the current legal provisions for this system are too simple,the Operability are weak,and there are contradictions in the operation of different regions during the practice promotion,therefore,it is urgent to formulate normative and detailed legal content.In addition to the lack of laws and regulations,there are some difficulties in practice,mainly in the lack of cooperation and procuratorial organs and administrative department of the subjective initiative,etc.We should correctly understand the pre-litigation procedure and understand the purpose of the pre-litigation procedure design.Many cases are closed in the pre-litigation procedure,but few cases enter the litigation procedure,and to a certain extent,the litigation is reduced,improving supervision efficiency is in line with the original intention and aim of pre-litigation procedure design.Therefore,this article around the Administrative Public Interest Litigation pre-procedure related research.first of all is the definition of pre-procedure,mainly introduces the concept and value of pre-procedure,then through two years of pre-trial procedure of the distribution of cases and the number of analysis and summary,combined with typical cases of-prominent problems present the corresponding measures to improve.The innovation of this paper include that it is argued that the prosecution should be given discretion and set a executive branch response period according to different cases,the right to participate in the protection of executive branch,the preservation of evidence and other specific measures to improve the pre-prosecution procedure,it is suggested that the procuratorial organs and the executive branch should work together to promote the progress of the Administrative Public Interest Litigation System,achieve the goal of supervision,and safeguard the interests of the state and society.