Study On Pre-trial Consultation Procedure Of Administrative Public Interest Litigation

Since the pilot program of pre-litigation procedures in administrative public interest litigation,which has now been fully promoted,the institutional design of pre-litigation procedures has played an important role in diverting cases and saving judicial resources.By analyzing the handling of cases during the pilot program and since its full promotion,it is evident that the application of pre-litigation procedures has resulted in the closure of the majority of administrative public interest litigation cases before litigation,providing a new feasible path for safeguarding public interests.Building upon the pre-litigation recommendations,the Supreme People’s Procuratorate has improved the pre-litigation procedure by proposing that procuratorial organs should apply pre-litigation consultation procedures.In July2021,the "Procuratorial Handling Rules for Public Interest Litigation by the People’s Procuratorates" was issued,which included provisions on pre-litigation consultation procedures.However,due to the lack of clear legal provisions,the exploration of pre-litigation consultation procedures in practice by procuratorial organs across different regions in China has exhibited certain imperfections.Based on judicial cases,it can be observed that such imperfections in pre-litigation consultation procedures include,but are not limited to,unclear legal positioning,inaccurate grasp of consultation content,and inadequate connection with other procedural systems,which require further attention in future judicial practices.Based on the analysis of the theoretical basis of pre-litigation consultation and the current practical situation,this paper puts forward targeted measures to address the imperfections of pre-litigation consultation procedures in China’s administrative public interest litigation,in order to promote their better use.