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

In 2017,the newly revised Administrative procedure Law formally incorporated the system of administrative public interest litigation into our legal system,and the legal status of administrative public interest litigation was formally confirmed.this is of great significance for safeguarding the social and public interests of our country.The pre-litigation procedure,as a key link in the administrative public interest litigation,is of great institutional value.When the procuratorial organs find that the administrative organs exercise their functions and powers illegally,resulting in the infringement of the national and social public interests,by putting forward procuratorial suggestions to the administrative organs,give the illegal administrative organs a certain time limit for them to take the initiative to correct mistakes and repair the damaged public interests,instead of directly filing a lawsuit.When the administrative organ still fails to perform its legal duties at the expiration of the time limit,the procuratorial organ will bring a lawsuit to enter the litigation procedure.The pre-litigation procedure of administrative public interest litigation has its own characteristics,which is a necessary procedure to enter the litigation,which is different from the administrative reconsideration system and the pre-litigation procedure of civil public interest litigation.As a way of external supervision,the value of the pre-litigation procedure of administrative public interest litigation is to make the administrative organs perform their legal duties actively rather than passively,which helps to improve the relief efficiency of social and public interests.The conclusion of the case through the pre-litigation procedure is conducive to saving judicial resources,and more importantly,it is to coordinate and balance the relationship among procuratorial power,administrative power and judicial power,which to a certain extent reflects the modesty of administrative self-control and judicial power.After the judicial practice after the pilot,some problems have been exposed in the pre-litigation procedure,mainly focused on the unclear standards for the performance of administrative organs,the unclear content of procuratorial recommendations,the unreasonable setting of the time limit for administrative organs,and so on.At this stage,the pre-litigation procedure of administrative public interest litigation has not achieved the expected system value of the pilot,and the effect of diversion of complexity and simplicity and saving judicial resources has not been further reflected.In this regard,by combing the typical cases,we can find out the reasons behind the failure of the pre-litigation procedure system of administrative public interest litigation,and improve the pre-litigation procedure from three aspects:strengthening the standardization of procuratorial recommendations,reasonably setting the time limit for administrative organs to perform their duties,and defining the judgment standards for administrative organs to perform their duties,so as to further build a mature and complete procuratorial system of public interest litigation.