Research On The Performance Standard Of Administrative Public Interest Litigation Procedure Before Litigation

With the revision of the Administrative Litigation Law in 2017,the system of administrative public interest litigation brought by procuratorial organs has been officially incorporated into the rule of law.Among them,administrative public interest litigation as a supervision of administrative performance of duties,respect for administrative self-control to safeguard the public interest system,in the operation of the whole procedure need to measure the performance of the administrative organs,and review whether the administrative organs perform their duties in accordance with the law.Although the law of our country has clearly stipulated the conditions for the procuratorial organs to bring administrative public interest litigation,there are only principle-based provisions of "not performing duties according to law" and "public interests suffered damage" in the provisions.Because the provisions are too broad and abstract,there is no specific prosecution standard for reference.It is easy to cause the procuratorial organs to interfere with the administrative law enforcement power,the identification standard of duty performance is not uniform,the pre-litigation procedure and the litigation procedure are not smooth,which affects the effective play of the pre-lawsuit procedure.Especially since the outbreak of "COVID-19" at the beginning of 2020,people have put forward higher requirements in the fields of ecology,food,health and safety,and the requirements for the performance standards and performance capabilities of administrative organs have been continuously improved.Based on this,this paper takes the performance standard of the pre-litigation procedure of administrative public interest litigation as the research object,analyzes the shortcomings of the performance standard of administrative organs in the current pre-litigation procedure,and puts forward a clear way to identify the performance standard of the pre-litigation procedure of administrative public interest litigation from the aspects of diversified performance standard and objection relief mechanism,so as to promote the effective play of the administrative public interest litigation system.This paper is divided into six parts.The first part is the introduction,mainly describes the research background,significance,methods and summarizing the domestic scholars’ existing research on the standards of performance of duties in pre-litigation procedures;The second part elaborates the concept of pre-litigation procedure,mainly elaborates the setting basis of pre-litigation procedure in China,the role of performance standard in practice in pre-litigation procedure,and the definition of performance standard,and to provide theoretical support for further research.;The third part clarifies the significance of establishing the standard of performance of duty and provides value guidance for the study of the theory of the standard of performance of duty;The fourth part discusses the problems existing in the performance of duties of administrative organs in the pre-lawsuit procedure,mainly from the lack of performance standards easy to interfere with the power of administrative enforcement,the inconsistent standards for the performance of duties,as well as the lack of procedure cohesion,and other aspects of the existing problems in the current system.The fifth part mainly from the reasonable standardization of the power of the procuratorial organs,the construction of a plurality of the performance of duty identification and refinement of the standards of cohesion and other aspects,put forward to improve the administrative public interest litigation procedures before litigation recommendations.