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

The pilot of China's administrative public interest litigation system began in July2015.In July 2017,with the new revised "Administrative Litigation Law" came into effect nationwide,it has been the fifth year.As an important part of China's public interest litigation system,the exploration and establishment of administrative public interest litigation and its pre-litigation procedures have been an important task of comprehensively advancing the strategy of ruling the country according to law since the Fourth Plenary Session of the 18 th Central Committee.Compared with Western countries,the procuratorial organ sends out procuratorial advice before litigation in administrative public interest litigation.The procedure design for urging the administrative organ to perform its duties according to law is unique in China.Practice over the past few years has also proved that the pre-litigation procedure is handling administrative public interest litigation The outstanding effect in the.The pre-litigation procedure uses a relatively gentle way of procuratorial advice,which not only provides a new feasible path for safeguarding public interests,but also significantly improves the efficiency of case handling by procuratorial organs,and also effectively safeguards the independence of administrative power and administrative organ Credibility.However,while the implementation of the pre-litigation procedures has been fruitful,we should also pay attention to the problems and defects of the system.At the legislative level,from the newly amended "Administrative Procedure Law" in July2017 to the "Administrative Procedure Law Interpretation" issued in November of that year,and the "Procuratorate Public Welfare Interpretation" issued in March 2018,there is no Detailed regulations on the operation of public interest litigation procedures before litigation.Due to the lack of specific system design,the problems exposed in practice include: limited access to case clues;the power of investigation and verification by the procuratorial organs is difficult to be fully exercised;some procuratorial suggestions lack the pertinence and feasibility,and the setting of the response period is not reasonable;The administrative organs have different opinionson the judgment criteria for "performing duties according to law" and so on.The author will analyze the current situation of the handling of pre-litigation procedures in administrative public interest litigation in China,and combine the practical experience of various regions to propose optimization suggestions for the problems in the pre-litigation procuratorial suggestion system,and further explore the related supporting mechanisms of the pre-litigation procedure,with a view to the Perfection serves as a suggestion.