Study On The Legislation Of Pre-Procedure Of Administrative Public Interest Litigation By Procuratorial Organs

The pre-procedure of administrative public interest litigation is a procedure that procuratorial organs must go through before bringing a lawsuit to the people's court for public interest damage.In practice,most of the administrative public interest litigation cases have completed the purpose of supervising the relevant administrative departments to perform their duties and safeguarding the national interests and social public welfare through the pre-procedure,which can be said that the pre-procedure plays an important role in judicial practice.It is feasible and necessary for procuratorial organs to initiate the pre-procedure of administrative public interest litigation.However,the current law and judicial interpretation of the relevant provisions of the pre-procedure are too general,resulting in the lack of a unified operational standard in practice,so that the procuratorial organs in dealing with administrative public interest litigation cases are often at a loss.At present,the deficiencies in legislation and theoretical research of public interest litigation affect the effective exertion of the function and value of public interest litigation system in judicial practice.Based on the theoretical and practical experience,the author summarizes the shortcomings of the current legislation on the basis of less theoretical research on the pre-procedure of administrative public interest litigation.First,The existing legislation does not define the standard of administrative organs not performing their duties in accordance with the law.Second,The scope of public welfare damage is not clear.It is not clear whether the scope of "public interest" and the degree of actual damage caused by public interest can bring administrative public interest litigation.whether abstract administrative acts can be included in the scope of supervision is not clear.Third,In practice,the procuratorial organs lack of institutional guarantee in the exercise of the power of investigation and verification,which makes the function of the power of investigation and verification not play an effective role.fourh,There is no connection mechanism between pre-procedure and administrative reconsideration,ordinary administrative litigation and public interest litigation.Considering the deficiencies of current legislation,it is suggested to improve the relevant laws and judicial interpretations as soon as possible,and put forward suggestions to improve the pre-procedure of administrative public interest litigation.This is also the difference between this paper and other theoreticalstudies.Firstly,the criteria for administrative organs not performing their duties according to law should be reasonably defined.Secondly,in view of the characteristics of public interest,the scope of public interest litigation should be reasonably defined,and the procuratorial organs should be given the power to review the normative documents under the rules,so as to bring the violation of abstract administrative acts into the scope of public interest litigation.Thirdly,the procuratorial organs should specify how to exercise the right of investigation and verification in the pre-procedure,and consider how to exercise the right of investigation and verification,and how to guarantee the right.Finally,it is necessary to set up a mechanism to link up the pre-procedure of administrative public interest litigation with the procedure of litigation and the procedure of general administrative relief.