The Judicial Practice Of Pre-litigation Procedures In Administrative Public Interest Litigation Review And Countermeasures

The pre-litigation procedure of administrative public interest litigation mainly refers to the fact that the procuratorial organ finds that there is a state of infringement of social and public interests,and this state of existence is caused by the relevant administrative agency’s own illegal acts or the existence of administrative omissions.,The procuratorial organ shall issue a procuratorial proposal to the competent administrative agency and serve relevant documents in its own name before formally filing a lawsuit in the court,urging it to perform its statutory functions in accordance with the law.The pre-litigation procedure is an independent,preliminarily and compulsory supporting measure in the administrative public interest litigation system,which has its own unique functions and values.It has been more than five years since the trial of administrative public interest litigation.Many judicial practice data and the Supreme People’s Court’s work report have shown its value and exerted its function of safeguarding public interests.After consulting various materials and cases,it is found that these administrative litigation cases involving social and public interests are almost all resolved in the pre-litigation procedures.However,the pre-litigation procedure is far from perfect.As the relevant laws and regulations only provide scattered and principled provisions on the pre-litigation procedure without specific system design,there are differences in the application of procuratorial recommendations in different regions.Through grassroots investigations,related literature review,and study of the guiding cases and typical cases issued by the Supreme Procuratorate,the author found that the current judicial practice of my country’s pre-litigation procedures has different details and concise content of procuratorial recommendations,unclear standards for determining inaction by administrative agencies and Issues such as unreasonable response deadlines.In order to ensure that the pre-litigation procedure becomes the best judicial way to achieve public welfare purposes,Fujian Province has explored a model for solving problems through round tables to achieve a win-win situation for all parties.This article aims to improve and repair the round table on the basis of its theoretical and practical results,hoping to solve the problems existing in the current pre-litigation procedures,and contribute to the improvement and development of the pre-litigation procedures.This article is divided into four chapters.The first chapter mainly discusses the concept,legal basis,function of the pre-litigation procedure of administrative public interest litigation in China,and its comparison with the pre-litigation procedure of civil public interest litigation;the second chapter mainly deals with the pre-litigation procedure of administrative public interest litigation.System design process and judicial practice results as well as the analysis of the status of extraterritorial systems;Chapter 3mainly analyzes the implementation status of pre-litigation procedures and typical cases in China,and points out the main problems existing in the current pre-litigation procedures in judicial practice: procuratorial recommendations The content is different,the standard for determining the inaction of the administrative agency is not clear,and the time limit for the administrative agency’s response is unreasonable.Chapter 4 is about the concept of the new round table.Based on the analysis of the Fujian Province pre-litigation round table,the new round table is proposed.The concept and model of the round table meeting are used to effectively solve the three prominent problems in the pre-litigation process.