Study On The Pre-litigation Procedure Of Administrative Public Interest Litigation Initiated By Procuraial Organs

Compared with other systems,China's procuratorial organs file a public interest litigation system is a new thing.The research on this system in academic circles still stays on the feasibility and rationality of the system construction and procedural guarantee.The specific application of pre-litigation procedures in practice still has room for improvement.As an innovative system,the pre-litigation procedures that were used by procuratorial organs has undergone a gradual evolution from the continuous practice in the pilot areas to the theory.After continuous practice,The effective implementation of pre-litigation procedures has made most of cases about administrative public interest litigation solved.In terms of the efficiency of social dispute resolution,the efficiency has greatly been improved.While saving judicial resources,they have also urged administrative agencies to take the initiative to correct mistakes themselves,and they have shown great value in the protection of public interest.However,because the “Administrative Procedural Law” only provides a broad provision for pre-litigation procedures without specific system design,there are still some problems in practice.Therefore,we regard the communique which was published by the Supreme People's Procuratorate and some typical cases as data samples.The analysis focuses on the problems and areas that need to be improved in the areas of public interest litigation cases such as ecological resources and environmental protection.This article uses charts to quantify and intuitively show the significant results that the pre-litigation procedure has achieved in the practice of administrative public interest litigation.By analyzing the pre-litigation procedure at the data level and the typical case level,it is found that the procuratorial organs apply the pre-litigation procedure.In the process,the following problems also exist: the source of the case leads is limited,the clue conversion mechanism is not smooth,the procuratorial recommendations are formalized,the lack of pertinence and operability,the professionalism of the prosecutors is not high,and the public welfare lawsuits with strong professionalism are targeted.The professional skills and comprehensive quality of prosecutors need to be improved,the implementation of pre-litigation prosecution recommendations made by administrative agencies against prosecutors has unclear performance standards,and in the entire administrative public interestlitigation,the links that were investigated between the pre-litigation procedures and the litigation procedures are not smooth.Through the targeted analysis of the problems existing in the pre-litigation procedure,combined with the basic principles of the pre-litigation procedure and the goals of the system design,it is necessary for us to put forward some perfect suggestions.From the perspective of the procuratorial organs,firstly,we should expand the interpretation of responsibilities for the administrative organs,so that we can construct multiple cases Mechanisms,however it is also important to improve job security mechanism and strengthen the prosecution team building.Secondly,from the perspective of administrative organs,it is necessary to clarify the processing methods and standards of prosecution recommendations,so that we can determine reasonable processing steps.Besides,we need clarify the performance standards and legal responsibilities of administrative organs in the pre-litigation procedure.Finally,the connection between the pre-litigation procedure and the litigation procedure is optimized,so that the procuratorate can better use the pre-litigation procedure to safeguard the national and social public interests.