A Study On The Pre Litigation Procedure Of Administrative Public Interest Litigation Initiated By The Procuratorial Organ

Our country's pre litigation procedure has been piloted for nearly five years since2015.During this period,the pre litigation procedure has played a huge role,which is consistent with the effect originally envisaged by the system.Most administrative public interest litigation can be closed in the pre litigation procedure.Specifically speaking,it refers to the pre litigation procedure that must be passed before the procuratorial organ submits the legal action to the court.That is to say,before the procuratorial organ submits the legal action to the court,it must make and issue procuratorial suggestions to the administrative organ that has illegal or improper behavior,supervise and promote the administrative organ that has illegally exercised its power to carry out self rectification,and urge the administrative organ that has not taken the initiative to do so Good job.If the administrative organ refuses to carry out active rectification,so that the damaged public interests are still not repaired,the procuratorial organ will start the proceedings according to law.For an illegal act committed by an administrative organ,the procuratorate may request the court to cancel it,or it may request the court to confirm that the act is illegal or invalid;for an administrative organ that fails to act,the procuratorate may request the court to make a judgment on the administrative organ's performance of duties within the prescribed time.The value of pre litigation procedure has been greatly reflected in judicial practice.The pre litigation procedure not only gives the administrative organ an opportunity to correct its own mistakes,urges the administrative organ to administrate according to law,relieves the increasingly tense judicial resources,lightens the work burden of the procuratorial organ personnel,but also timely maintains the public interests of the state and society.Pre litigation procedure has a strong function,but the administrative procedure law and other supporting provisions only have the principle provisions on pre litigation procedure,which seriously affects the function of pre litigation procedure in judicial practice.According to the research order of general academic issues,the dissertation analyzes the problem of pre litigation procedure in administrative public interest litigation,points out that there are many existing problems in the existing legal provisions,such as too much legal provisions,imperfect investigation and verification rights before prosecution,low quality of procuratorial recommendation,rigid administrative deadline,and unclear criteria for administrative organs to perform their duties.Some problems such as imperfection,too absolute application of pre litigationprocedure.Through a comprehensive and detailed analysis of typical cases in judicial practice,combined with the research on the pre litigation procedure abroad,this paper puts forward suggestions for improving the pre litigation procedure in China: first,improve the investigation power of the pre litigation procedure of the procuratorial organ;second,improve the content of the procuratorial suggestion;third,enhance the flexibility of the reply period of the administrative organ in the pre litigation procedure;fourth,define the administrative organ The fifth is to improve the supporting mechanism;the sixth is to deal with exceptional pre litigation procedures of special cases;the last is to improve the guidance system of pre litigation procedures.These suggestions will help to further improve the pre litigation procedure in China,give better play to the role of pre litigation procedure in administrative public interest litigation.