Research On Pre-litigation Procedures Of Administrative Public Interest Litigation From The Perspective Of Public Administration

On 27 June 2017,the Twenty-eighth Session of the Standing Committee of the Twelfth National People’s Congress adopted the Decision on Amending the Civil Procedure Law of the People’s Republic of China and the Administrative Procedure Law of the People’s Republic of China,which explicitly gives procuratorial organs the right to initiate administrative public interest litigation in the Administrative Procedure Law,formally establishing at the legal level the initiation of administrative public interest litigation as an This is an important function of the procuratorial organs.This initiative helps deepen the socialist rule of law society with Chinese characteristics,and is an important element and guarantee for promoting the modernisation of the national governance system and governance capacity.In particular,Article25(4)of the Administrative Procedure Law sets out the "pre-litigation procedure" that the procuratorial authorities must undergo before filing an administrative public interest litigation with the court.The pre-litigation procedure is a pre-requisite and statutory procedure,which was established to facilitate the improvement and effective implementation of the existing administrative public interest litigation system in China.The implementation of pre-litigation procedures plays a very important role in the entire operation of administrative public interest litigation,and is a bridge between litigation and non-litigation in administrative public interest litigation.Correcting the misconduct of administrative organs by issuing procuratorial recommendations at the pre-litigation stage not only saves the resources of the judiciary,but also shows the respect of the supervisory power of procuratorial organs for the administrative power of administrative organs.Public interest litigation is originally a legal term,but in China,along with various social issues,the concept has become a hot topic in a number of disciplines,including management and sociology.Public administration aims to protect the public interest of society,and public interest litigation is a legal way to protect the public interest of society.As a major system to protect the public interest of society,administrative public interest litigation prelitigation procedures in contemporary government public management is increasingly prominent,but,because its history is still short,so it still needs to be studied and discussed in depth.This paper analyzes the pre-litigation procedure of administrative public interest litigation from the perspective of public management,mainly using the cost-benefit theory,exhaustive relief theory,public trust theory and polycentric governance theory,and through comparing domestic and foreign administrative public interest litigation,finds that the pre-litigation procedure has problems in clue mapping,procuratorial recommendations,investigation and evidence collection,etc.Based on the analysis of these problems,the corresponding solutions are proposed,hoping to provide some reference for the future practice of administrative public interest litigation system.