Research On The Pre-litigation Procedures Of Administrative Public Interest Litigation

With the continuous development of China's social economy,the protection of the public interest has become increasingly prominent.The report of the Nineteenth National Congress of the Communist Party of China pointed out that the main contradictions in our society has undergone profound changes,and the people's demand for public interests has grown steadily,it makes the value and status of administrative public interest litigation more prominent.On June 27,2017,the Twenty-eighth Meeting of the Standing Committee of the 12 th National People's Congress passed a decision to amend Article 25,paragraph 4 of the Administrative Procedure Law of the People's Republic of China,which stipulates that before the procuratorate files an administrative public interest litigation with the court,it shall submit a procuratorial suggestion to the administrative organ to urge it to perform its duties according to law.This is the embodiment of the“pre-litigation procedure”of administrative public interest litigation in the legal provisions of our country.After continuous practice in pilot areas across the country,most administrative public interest litigation cases have been resolved through pre-litigation procedures,which greatly improved the efficiency of dispute resolution and fully played the role of pre-litigation procedures.However,since the Administrative Litigation Law only provides a broad regulation of the pre-litigation procedure and there is no specific institutional design,there are still some problems in practice: the source of the case clue is limited,procuratorate's investigation and evidence collection before the lawsuit lacks coercive power,the provisions of the procuratorial suggestion are too broad,and the administrative inaction is difficult to identify,etc.This requires our further research.This paper takes the background of China's public interest litigation and administrative public interest litigation theory as the starting point.The first part discusses the content of administrative public interest litigation and pre-litigation procedures and the value and characteristics of the development of administrative public interest litigation in China.The second part,based on the above theory,combines the current development status of China's pre-litigation procedures,and discusses a series of major problems in the development of China's pre-litigation procedures.The third part draws on the relevant legislative provisions of the countries outside the country for the pre-litigation procedure and draws inspirations for the improvement of the pre-litigation procedure system in China.The fourth part puts forward suggestions on how to better perfect the pre-litigation procedure in the administrative public interest litigation in China.