Improvement Of Pre-litigation Procedures For Administrative Public Interest Litigation

After two years of trial and more than three years of formal implementation,the procuratorial public interest litigation has achieved remarkable results in our country.The pre-litigation procedure,as a pre-procedure,can appropriately limit the procuratorial organ's exercise of the administrative litigation right of public interest,and enable the administrative organ to take the initiative to correct the illegal ACTS with the help of the self-correction system enjoyed by the administrative organ in a certain procedure.Secondly,the setting of pre-litigation procedure reflects the principle of judicial power,which can save the litigation cost and prevent the waste of judicial resources.The system of prosecutorial public interest litigation is a new attempt,before which there is no relevant legislation in China,which reflects the characteristic highlights of the socialist system with Chinese characteristics.The national procuratorial organs through two years of pilot and more than three years of formal implementation,administrative public interest litigation pre-procedure reflects a better effect of handling cases,has a leap in quantity and qualitative improvement,but at the same time,public interest litigation started late,the system is not sound,also exposed more problems in judicial practice.This paper mainly consists of four parts.Firstly,the definition,basic characteristics,value and function of administrative public interest litigation pre-litigation procedure are expounded.Then,the practice of handling cases pre-litigation procedure in recent years is analyzed.The third part of the paper puts forward some problems in the practice of administrative public interest litigation procedures,such as the performance of administrative organs,the power of investigation and verification of procuratorial organs,the rationality of the setting of the pre-litigation procedures,and the follow-up investigation and effect evaluation of procuratorial organs.The fourth part,by analyzing the data and typical cases of the procuratorate's pre-litigation procedure,and drawing on the literature works of various experts and scholars,summarizes and puts forward the idea of improving the pre-litigation procedure of administrative public interest litigation.It is hoped that this study can optimize the operation of the pre-litigation procedure and make the administrative public interest litigation system play a greater benefit.