On The Construction Of The Pre-litigation Procedure System In Administrative Public Interest Litigation

In our country,procuratorial organs filed a public interest litigation system is new,the research on common stay on the feasibility and the rationality of the public welfare lawsuit system construction,system construction of the macro aspects,such as procedure guarantee for how to set up a scientific and reasonable public welfare lawsuit before litigation procedure,the program design with specific directivity is scarce.Because of this,the supreme people's procuratorate public interest litigation work took a top-level design,selecting pilot,limit methods such as case type and steady,after two years of trial,prosecutors dealt with a certain scale of public interest litigation cases,and timely follow-up effect and impact assessment case,summarizing pilot experience,efforts will pilot results into a long-term mechanism.Pilot success there is little doubt that the procuratorial organ's public interest litigation greatly promote the public welfare lawsuit legislation,but if the specific analysis of the country since the pilot quantity and procuratorial organs of guangdong province procuratorial advice before litigation and administrative organs adoption rate,using the data analysis of status quo of application of procuratorial advice before litigation may with the current legislation has differentiated conclusions.The reason is that there are legal principles and practical defects in the pre-litigation suggestion.Therefore,it is of practical urgency to further clarify the connotation and attribute of the pre-litigation procedures of administrative public interest litigation,ensure the high efficiency of the pre-litigation prosecution Suggestions,avoid improper interference of the procuratorial power to the executive power,and learn from the extraterritorial system of pre-litigation procedures to establish the pre-litigation procedures of administrative public interest litigation.The establishment of the administrative public interest litigation procedure system must first make a clear distinction between the establishment of pre-litigation procedures,namely,the basic types of cases can be divided into two categories: illegal performance and non-performance,which corresponds to the application of discretion and mandatory application of pre-litigation procedures.Second,the construction of administrative public interest litigation,corresponding measures before litigation procedure for is at ablank or the lack of specific provisions of public interest litigation system of rigid investigation to verify,before litigation procedure evaluation system and joint consultation system from the perspective of legal theory and field comprehensive consideration,some idea on supporting system construction,in order to achieve before litigation procedure evidence really,fully effect science evaluation,consultations with the purpose of efficient and reasonable.