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

In order to make up for the lack of legal supervision functions of the procuratorial organs in the field of public welfare protection,my country formally established an administrative public interest litigation system in 2017.As the statutory pre-litigation procedure of administrative public interest litigation,the pre-litigation procedure,which plays a role of supervision and diversion,has undoubtedly become the highlight of the system.The legal supervision of the administrative power by the procuratorial power can not only reasonably balance the relationship between the two,It can effectively protect the damaged public interest.Therefore,the improvement of the pre-litigation procedures of administrative public interest litigation is of great significance for urging administrative agencies to correct mistakes in a timely manner,actively perform their duties,and strengthen the effectiveness of case handling.However,in practice,there are still a series of problems such as the imbalance of power operation,the difficulty of procuratorial organs in investigating and obtaining evidence,the unclear content of procuratorial recommendations and the improper setting of deadlines for the performance of duties by administrative agencies.In order to solve the above implementation obstacles and give full play to the functions of the pre-litigation procedure of administrative public interest litigation,based on the analysis of theories and summing up experience,the author believes that the power operation structure of the pre-litigation procedure can be balanced to improve the fact-finding link of the procuratorial agency and standardize The content and effectiveness of the procuratorial recommendations,flexible setting of administrative agency's response deadlines and other measures,further optimize the operation of pre-litigation procedures,improve the quality and efficiency of case handling,and demonstrate the procuratorial agency' s "win-win,multi-win and win-win" work philosophy.