Research On The Pre-litigation Procedure System Of Administrative Public Interest Litigation

On the occasion of the revision of the Administrative Litigation Law in 2017,my country formally established an administrative public interest litigation system with the procuratorial organ as the public interest litigant,and after two years of experience in pilot areas,it continued to retain the system design of pre-litigation procedures.The establishment of this pre-procedure can urge administrative organs to take corrective measures in a timely manner and actively perform their legal duties.The cases published by the Judgment Document Network and the work report data of the Supreme People's Procuratorate can also prove the necessity and effectiveness of the pre-litigation procedures.Most cases can be effectively resolved in the pre-litigation procedures,which saves a lot of money.Judicial resources demonstrate the institutional value of pre-litigation procedures in administrative public interest litigation.However,the "Administrative Litigation Law" and its related judicial interpretations have relatively general provisions on the pre-litigation procedures of administrative public interest litigation.Procuratorates in various regions have different understandings of relevant laws in the process of handling cases,resulting in many problems in the practice of pre-litigation procedures.Specifically,the procuratorial organs have too limited understanding of the clues found in the “in the course of performing their duties”,resulting in a single source of clues;the procuratorial organs have insufficient investigative expertise and vague regulations on investigation and verification guarantees.In practice,they rely on administrative agencies for specific operations.The cooperation of personnel;the content of the procuratorial recommendations is slightly different,resulting in poor operability;the relevant laws do not clearly stipulate the "performance of duties according to law",and the administrative organs have unreasonable deadlines for performing duties.In order to make the pre-litigation procedure more operability,the research was carried out by studying specific cases in foreign theory and practice.The solution to the above-mentioned problems should be done from the following points: firstly,reinterpret the “clues of cases found in the performance of duties” and broaden the scope of public interest litigation cases;secondly,improve the pre-litigation investigation and verification power system,and compulsory investigation and verification power Third,strengthen the standardization of procuratorial recommendations,clarify the administrative agency's response obligations;and finally,clarify the criteria for judging "failure to perform duties in accordance with the law." In this way,we can promote the development of the pre-litigation procedural system and better safeguard the national and social public interests.