Research On The Pre-litigation Procedure Of Administrative Public Interest Litigation

In today's society with rapid economic development,the damage of national interests and social public interests is becoming more and more serious.With the continuous improvement of China's legal system,the administrative public interest litigation for the purpose of safeguarding the national and public interests arises at the historic moment.The pre litigation procedure,as the legal pre litigation procedure of administrative public interest litigation,plays an important role in practice,because the pre litigation procedure has its own characteristics The design of pre litigation procedure is conducive to promoting the positive interaction between administrative power and judicial power,saving judicial resources and coordinating social management mode.Practice shows that because the local procuratorial organs have different understanding of the relevant laws in the process of handling cases,the relevant laws promulgated by the Legislature are relatively general,leading to many problems in the practice of the pre litigation procedure of administrative public interest litigation.For example,the nature of the investigation power of the procuratorial organs in the current law is relatively vague.In practice,investigation and evidence collection can only rely on the coordination of the administrative organs.There are compulsory measures or auxiliary measures to protect;the review basis of the procuratorial organs for the legal responsibilities of the administrative organs is relatively vague,and the inconsistent standards of performance lead to the content of procuratorial recommendations not targeted;the quality of procuratorial recommendations is uneven and there is no public supervision platform;administrative public interest litigation cases involve different fields and there is a big professional gap between them,leading to the procuratorial organs The difficulty of handling cases is different,and the strength of grass-roots procuratorial organs as the main case handling is relatively weak.The pre litigation procedure of administrative public interest litigation has different practical characteristics in different cases.According to the particularity of different areas of cases,we should identify the performance standards of administrative organs,improve the pertinence of procuratorial suggestions,explore the establishment of auxiliary measures for investigation and evidence collection,improve the passive position of procuratorial organs in the stage of evidence collection,and improve the connection mechanism between administrative law enforcement and public interest litigation We should establish a system in which professionals of administrative organs concurrently serve as assistant prosecutors,actively promote communication between administrative organs and procuratorial organs,fully respect self-discipline of administrative organs,and jointly safeguard the public interests of the state and society.