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

Based on the needs of protecting social public interests,China's laws and regulations have clearly stipulated the pre litigation procedure for procuratorial organs to bring administrative public interest litigation,that is,before procuratorial organs bring administrative public interest litigation to judicial organs,procuratorial suggestions must be put forward to illegal administrative organs.After receiving the procuratorial proposal from the procuratorial organ,if the administrative organ fails to correct the relevant illegal act or perform the corresponding duties within the prescribed reply period,the procuratorial organ can bring a lawsuit to the judicial organ.In China's pre litigation procedure,procuratorial organs restrict and supervise the implementation of administrative power through procuratorial suggestions,which is a unique system innovation in China.First of all,in the introduction part of the article,it introduces the research background and significance,the research status of the article,as well as the innovation and shortcomings of the article.This paper introduces the concept and characteristics of the pre litigation procedure of administrative public interest litigation,deeply analyzes the essence and value of the pre litigation procedure,as the theoretical support for the further study of the pre litigation procedure of administrative public interest litigation,and discusses the institutionalization process of the pre litigation procedure of our country by elaborating the legislation of the pre litigation procedure of administrative public interest litigation in our country.Secondly,by comparing with the public interest litigation system of foreign countries,we can highlight the innovation of our administrative public interest litigation system,learn from the advantages and strengths of other countries,take our national conditions as the basis,and take a suitable Chinese road.Thirdly,through the analysis of the two-year pilot work results and the practice since the establishment of the system,and combined with the guidance cases of the Supreme People's Procuratorate on administrative public interest litigation,this paper summarizes that there are still some problems in the pre litigation procedure of administrative public interest litigation in China,such as the fact identification of the case,the investigation and evidence collection of the procuratorial organs,and whether the administrative organs act in accordance with the law There are many problems.Finally,by collecting relevant literature and data,the author makes an in-depth analysis of the causes of the problems in administrative public interest litigation,and puts forward suggestions focusing on the existing problems.First,the author thinks that we should strengthen the communication between the procuratorial organs and other organs,improve the efficiency of handling cases and the sharing of case clues,and establish the cooperation mechanism between the procuratorial organs and other organs.Secondly,the author suggests to establish the strong position of the procuratorial organ in the pre litigation procedure by legislation,strengthen the enforcement of the procuratorial organ in collecting evidence and verifying the facts of the case,clarify the burden of proof of the procuratorial organ in the pre litigation procedure,and establish the rigid investigation and verification power of the procuratorial organ.Third,because of the complexity and professionalism of the case,it is more difficult to identify the facts of the case,so we should make clear the criteria for the identification of the facts of the case,improve the professional quality of the team,and also make clear the criteria for the administrative organs to perform their duties according to law.We can not simply take the unilateral exhaustion of administrative means by the administrative organs as the criteria for determining whether the administrative organs perform their duties,let alone the punishment of the case The reasonable result is regarded as the important condition for the administrative organ to correct the illegal act.