A Study On The Pre-litigation Procedure System Of Administrative Public Interest Litigation

As an important part of administrative public interest litigation,the pre-litigation procedure has preposition.During the pilot period,the high adoption rate and rectification rate of the pre-litigation procedures are a sword to solve the damage to the public interest.However,the source of the case faced in the implementation of the pre-litigation procedures is single,the content of the pre-litigation procuratorial recommendations is set ambiguously,and the pre-litigation procedures Problems such as the insecure investigation power of the Chinese procuratorate,the lack of rationality in the time limit for prosecution recommendations before prosecution,and the narrow scope of public interest litigation have become obstacles to its development.Admittedly,the simple,rough,and macro provisions of the pre-litigation procedures can no longer meet the normal development of administrative public interest litigation.There is no doubt that the refinement and operability of the pre-litigation procedures has become an urgent problem to be solved.The article is divided into four chapters.The first chapter analyzes and discusses the rationality and value of the pre-litigation procedures in administrative public interest litigation from a theoretical perspective,and fundamentally expounds the necessity of the pre-litigation procedures in the process of building the legal system,feasibility.Chapter 2 starts from the perspective of empirical investigation of pre-litigation procedures in administrative public welfare litigation,adopts the longitudinal time inspection method,and summarizes and summarizes the implementation status of pre-litigation procedures during and after the pilot period.To conduct special discussions.From the perspective of the problem,the third chapteradopts the horizontal comparison method and the regional comparison method to study the problems existing in the practice and theory of the pre-litigation procedure,with a view to clearly clarify the related problems through the two dimensions of "practice + theory".Chapter 4 is aimed at the relevant problems in the pre-litigation procedures,and proposes countermeasures from four levels of legislation,law enforcement,judicial,internal and external supervision,such as expanding the scope of administrative public interest litigation,setting flexible pre-litigation response deadlines,and improving pre-litigation Procedural legislation,clarification of the transition standards from pre-litigation procedures to litigation procedures,construction of post-relief-based relief,and pre-prevention double-layer relief channels,etc.,hope to be able to uphold the concept of "good law and good governance" and gradually implement administrative public welfare litigation from the national level to social At the level of popularization,so as to better promote the continuous development of national interests and social public interests with the power of prosecution,and at the same time enable the normal operation mechanism of the pre-litigation procedures.