Research On The Pre-litigation Procedure Of Administrative Public Interest Litigation By The Procuratorial Organs In China

With the rapid development of China's society and economy,and with the background of detailed social works,the administrative organs bear more and more complicated social governance function,which leads to the damage of public interests by negative or abusive conducts.It's not only the recent research focus in academic field,but also a new step of Chinese legislation.From 2015 to 2017 the initial public interest litigation began the pilot work.Now public interest litigation has been spread across the country for several years,and the continue to sum up experience,consider the lessons.On the perspective of legislation,from the promulgation of the laws and regulations to the judicial interpretation,the relevant mechanisms had been actively improved.It has laid considerable theoretical foundation and practical experience for further public interest litigation.In judicial practice,through the continuous practice of various regions in recent years,most of the administrative public interest litigation cases have been resolved through the pre-litigation procedure,the pre-litigation procedure has become an important weapon to protect the public interest,greatly improve the efficiency of dispute resolution,help the administrative organs to correct mistakes as soon as possible,so that the national and social interests as soon as possible to get rid of the state of being violated,Give full play to the role of pre-litigation procedure,its value and status are obvious to all.However,as a new system,pre-litigation procedure is only a generous provision,in the process of implementation there are still many loopholes and shortcomings.At present,the main difficulties in our country's judicial practice are: the prosecution authorities have limited sources of clues to cases,the investigation and evidence collection work is not mandatory,the administrative organs' response period is too short,and the standard of judgment to perform their statutory duties is not clear.The causes of the dilemma faced by our country's pre-litigation procedure include: the judicial authority does not respect the administrative authority enough,and the procuratorial organ is not enough professional.Through the in-depth study and analysis of the problem,it is concluded that the measures to improve the pre-litigation procedure should include: expanding the source of the clues of the case,perfecting the transfer and management mechanism of the case lead,enhance the rigidity and professionalism of the right to investigate and verify,flexibly determine the response period of administrative organs,and clarify the criteria for the performance of statutory duties.It is hoped that through the analysis and elaboration of this paper,the pre-litigation procedure could be improved continuously,and we can gradually improve the value of the effectiveness of procuratorial organs supervision,strengthen administrative public interest litigation,and find the path of judicial protection of public interests with Chinese characteristics.