Study On The Pre Litigation Procedure Of Administrative Public Interest Litigation

In the context of infringement of public interests such as ecological environment,food and drug safety and state-owned property,it is difficult to achieve good public interest protection by internal supervision of administrative organs alone,and the administrative public interest litigation system is a powerful external supervision method to protect public interest.The introduction of administrative public interest litigation and its pre-litigation procedures into the law has provided legal support for the system’s advancement,and the comprehensive judicial practice is continuing to add to the improvement of the system.During the implementation of the administrative public interest litigation system,the pre-litigation procedure has played a remarkable role in legal supervision,and most of the administrative public interest litigation cases have been concluded with pre-litigation procedural procuratorial recommendations.The pre-litigation procedure has shown the characteristics of being antecedent,statutory,independent and prudent,and has shown its important role in safeguarding public interests,promoting administration in accordance with the law,saving judicial resources and improving judicial efficiency.To clarify the relationship between the pre-litigation procedure of administrative public interest litigation and other procedures,based on the relevant legal norms regulating the pre-litigation procedure,drawing lessons from the judicial practice of the pre-litigation procedure,analyzing the pre-litigation procedure cases issued by the Supreme People’s Procuratorate and other institutions,and summarizing the main existing problems of the pre-litigation procedure through the methods of literature analysis,normative analysis and case analysis,and starting from both the legislative and judicial levels,to Analysis.First,in the legislative level,there are shortcomings in the legal norms,the main problems are five: First,the scope of the case is not extended;Second,the performance of duty period set unreasonable;Third,the performance of duty standards are not uniform;Fourth,the investigation and verification of the right of rigidity is not enough;Fifth,the procuratorial recommendations are not standardized.Secondly,the pre-litigation procedures are not sufficiently operational in terms of justice.The four main problems are: firstly,the application of the type of pre-litigation procedures for public interest litigation is not clear;secondly,the interface between pre-litigation procedures and litigation procedures is not smooth;thirdly,the pre-litigation consultation procedures are not perfect;and fourthly,the supporting mechanism is not sound.In order to make the pre-litigation procedure can more effectively play its function,for the above-mentioned legislation and judicial problems,this paper from two major aspects,put forward the pre-litigation procedure system in China to improve the proposal: first,in the legislative aspects to refine the relevant legal provisions.Broaden the scope of the case;flexible delineation of the case period;clarify the administrative organs to perform their duties to determine the standard;strengthen the procuratorial organs to investigate and verify the power;enhance the pre-litigation procuratorial proposal of the normative.Secondly,to strengthen the operability of procedures in the judicial field.The first is to give priority to the pre-litigation procedure of civil public interest litigation;to clarify the way in which the pre-litigation procedure is connected to the litigation procedure;to improve the pre-litigation consultation procedure;to improve the relevant supporting mechanisms;to improve the post-event return mechanism;to speed up the building of a professional team of procuratorial organs for litigation;and to establish a linkage mechanism for rectification.The above suggestions are made to improve the administrative public interest litigation and its pre-litigation procedures for better development.