Research On Pre-litigation Procedures Of Administrative Public Interest Litigation

The newly amended article 25 of the administrative procedure law in 2017,with the newly added provision of paragraph 4,marks that China has directly written the pre-litigation procedure of administrative public interest litigation into the law in the form of legislation.As a new system,pre-litigation procedure has entered the stage of full implementation.This paper mainly discussed within the system of administrative public interest litigation system,how to further perfect procedures before,make the procuratorial organs when found that damage to the public interest,make accurate,timely and effective procuratorial advice before litigation,supervise administrative organs responsible for the regulation to correct illegal behavior,effectively protect the interests of the state or the public interest.However,at the same time,the system value of pre-litigation procedure should be clarified,the coexistence of judicial resources and social resources should be well saved,the relationship between procuratorial power and executive power should be properly handled,and social fairness and justice should be pursued while protecting the maximization of public interests.The body of this paper is divided into four chapters:The first chapter is an overview of the procedure of administrative public interest litigation.This chapter mainly analyzes and summarizes the basic concepts of pre-litigation procedure,expounds the theoretical basis for the practice of pre-litigation procedure in China,and analyzes the value pursuit of pre-litigation procedure,so that when problems are found and perfected in the following research,the main line of value pursuit cannot be separated.Finally,the present situation of pre-litigation procedure in China's legislation and judicial practice is expounded.The second chapter is about the procedure of administrative public interest litigation.This chapter mainly introduces the problems encountered in the judicial practice of the pre-litigation procedure of administrative public interest litigation in China.It mainly involves the following points: "failure to perform duties in accordance with the law" identified as a problem;Limited sources of clues;Lack of standardization of procuratorial Suggestions made by procuratorial organs before litigation;It is difficult for procuratorialorgans to investigate and collect evidence before litigation.The third chapter is the study of the procedure of administrative public interest litigation.This chapter mainly introduces the scope and the similar system before litigation procedure in China are mostly about the American system of "the private prosecutor and important" end administrative remedy principle ",France v of the"unauthorized" and so on system similar to before litigation procedures of system in our country,in the current situation of the judicial practice of our country and the basic national conditions,selective learning from the advanced experience.The fourth chapter,the administrative public interest litigation procedure before the improvement.This chapter mainly aims at some problems in China's pre-litigation procedure and puts forward some Suggestions.