Study On The Procedure Before Administrative Public Interest Litigation

Since the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China put forward "exploring the establishment of public interest litigation system by procuratorial organs" to the highest level authorized by the Standing Committee of the National People's Congress to carry out public interest litigation pilot,and finally to the public interest litigation formal entry into law and even the introduction of relevant judicial interpretations,China's public interest litigation system(including civil public interest litigation and administrative public interest litigation)has achieved a huge leap from scratch,especially the line The system of administrative public interest litigation has achieved unexpected results in safeguarding the national and social public interests.Specifically speaking,the administrative public interest litigation system includes two parts: pre litigation procedure and litigation procedure.The pre litigation procedure initiated by the procuratorial organ is the main role and core of the administrative public interest litigation system.The pre litigation procedure of administrative public interest litigation refers to the system that the procuratorial organ issues procuratorial suggestions to the relevant administrative organs before initiating administrative public interest litigation,urges them to perform their duties according to law,and maintains the public interests of the state and society.If the administrative organs perform their duties or obligations in time and effectively in the pre litigation procedure,it will not lead to the subsequent litigation.As the supreme prosecutor said in the press conference: to realize the purpose of public welfare protection before litigation as the best judicial state.It can be seen that although the pre litigation procedure is written into the law only as a procedure link in the administrative public interest litigation system,it still has its own independent function and value.In the judicial practice of more than four years since the beginning of the pilot,the pre litigation procedure has shown its value and played a role of maintaining public interest beyond imagination.By looking up materials and cases,we find that most of the public interest litigation cases are completed in the pre litigation procedure,which plays an important role in saving judicial resources and urging the administrative organs to take the initiative to self correct and safeguard the public interest.However,this system has not reached a perfect level.Because the administrative procedure law and the interpretation of some issues on the application of law in procuratorial public interest litigation cases only make scattered and principled provisions on pre litigation procedures without specific system design,leading to some difficulties in judicial practice.Therefore,it is of theoretical and practical significance to carry out further research on the pre litigation procedure of administrative public interest litigation.To study the pre litigation procedure of administrative public interest litigation,first of all,the following problems should be clarified: for example,the lack of specific rules of pre litigation procedure,the difficulty of investigation and verification,the quality of procuratorial suggestions to be improved,the difficulty of performance standards to be clear,and the connection between pre litigation procedure and litigation procedure to be optimized.In this regard,we enrich and improve the pre litigation procedure of administrative public interest litigation in China by analyzing and studying the views of other scholars and drawing on the experience of judicial practice,so as to better safeguard the national and social public interests.Finally,this paper will put forward relevant feasible suggestions for the improvement and development of pre litigation procedure,hoping to make a little help for the follow-up research,improvement and even independent legislation of administrative public interest litigation system.