Improvement Of The Procedure Before Prosecution Of Administrative Public Interest Litigation

Establishing the system of the system of Public Interest Litigation by procuratorial organs is a mechanism to optimize the legal supervision function of procuratorial organs,to build a government ruled by law,and to safeguard the public interests of the state and society.As the highlight of the establishment of the Administrative Public Interest Litigation System,the pre-litigation procedure is an important way to maintain the balance between judicial power and administrative power and to save judicial resources.As a key link of administrative public interest litigation system,the value of pre-litigation procedure is self-evident,but it also exposes many problems in practical operation,which need to be further clarified and perfected.By analyzing the institutional reasons of our country’s design and pre-litigation procedure,this paper introduces the development course of the pre-litigation procedure,combs and analyzes the judgment of the first-instance administrative public interest litigation published in the case database,finding that the pre-litigation procedure mechanism plays a role of supervision and filtering in the Administrative Public Interest Litigation System,however,in judicial practice,there are mainly such problems as the lack of guarantee for the right of Investigation and verification,the unclear content of the procuratorial proposal before the prosecution,the lack of clear standards for whether the executive branch should perform its duties,and the poor connection with the proceedings,etc..In order to solve these problems,it is necessary to perfect the operation mechanism of the procuratorial organ’s power of Investigation and verification,strengthen the procuratorial suggestion before litigation,and improve the link between the pre-litigation procedure and the litigation procedure,so as to promote the perfection and optimization of the pre-litigation procedure of Administrative Public Interest Litigation and better safeguard the public interest.