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

Awareness of the protection of the public interest is increasingly common.After six years of exploration,the pre-litigation system became a mandatory procedure to initiate legal action,and the positive results of the pre-litigation procedure were fully tested in the pilot project,which enabled the prosecution to exercise its control function.The pre-litigation procedure shows,in typical cases,the function of triage of cases and the value of the legal order.it also suffers from more general legislative provisions and gaps in judicial practice.On the basis of the effects of the practical examination,the pre-litigation procedure is an inevitable system,but its application highlights a certain number of aspects to be improved: the prosecutor’s recommendations are not very formal,the scope of appeals is limited,the pre-litigation and contentious proceedings are poorly articulated and the prosecutor’s discretion is difficult to measure.By comparison with the pre-litigation extraterritorial procedure and taking the aspects that can be taken into consideration,the legal basis of the prosecutor’s proposal will be further improved,the scope of the procedure will be broadened,and the merging of science and technology with investigation and evidence will be encouraged.