Research On The Prelitigation Procedure Of Administrative Public Interest Litigation

To give procuratorial organs the responsibility to handle public interest litigation cases is to give full play to procuratorial organs' legal supervision function and safeguard national interests and social and public interests on behalf of the state.The public interest litigation system includes civil public interest litigation and administrative public interest litigation.The specific legal provisions are respectively in the second paragraph of article 55 of the civil procedure law of the People's Republic of China and the fourth paragraph of article 25 of the administrative procedure law of the People's Republic of China.The public interest litigation system was first piloted for two years in 13 regions of China.Based on the pilot experience,it was officially revised and implemented nationwide in July 2017.As a new system,especially the setting of pre-litigation procedures for administrative public interest litigation,it fills in the blank of domestic legislation,reflects the characteristics of our system,plays a great role in practice,and also presents a series of problems.I have been working in the front line of anti-graft for more than 10 years since I started to work in the public interest litigation in the public interest litigation system after transferring to a province.This paper mainly is the problem of administrative public interest litigation procedure before litigation,adopt statistical induction national administrative public interest litigation in the public interest litigation case data,and combining previous research results and its own case to collect summarized the practical problems of refining,summed up the problem,and proposed some preliminary solution case reference for practice and theory.Administrative public interest litigation before litigation procedure refers to the procuratorial organ in found in the process of resources protection and ecological environment,food and drug safety,protection of state-owned property,state-owned land-use right in areas such as responsible for the supervision and administration of the administrative organs exercise their functions and powers illegally or inaction,thereby causing damage to social and public interests or the interests of the state or enroach on,deal with the corresponding administrative procuratorial suggestion,supervise and urge its shall perform their duties according to law or positive.If the procuratorial organ has performed the pre-litigation procedure(to urge or urge)to issue a procuratorial suggestion,and the administrative organ still fails to perform its duties according to law,it may file a lawsuit in a people's court according to law.About procuratorial organs filed to the relevant provisions of the administrative public interest litigation before litigation procedure was first appeared in "about authorized one of the most high in parts of the people's procuratorate public interest litigation of the pilot reform decision",then in the people's procuratorate filed a public interest litigation measures for the implementation of the pilot work of further elaboration.On June 27,2017,the standing committee of the National People's Congress(NPC)passed the revision of the administrative procedure law,which made clear provisions and requirements on the establishment of pre-litigation procedures when procuratorial organs file administrative public interest litigation.The function of pre-litigation Suggestions prelitigation procedure is mainly reflected in three aspects: first,pre-litigation procedure reflects the respect of judicial power to executive power and self-restraint,which is helpful to give play to the initiative of administrative organs to correct errors and perform their duties;Secondly,it has tightened the boundary of the right to bring administrative public interest litigation,and made it clear that judicial power cannot act the duties of administrative organs,but can only make up for the deficiency of administrative law enforcement.Third,the procuratorial organs on the procuratorial supervision and advice prompted sulk and positive as administrative organs in accordance with the law,demonstrates the procuratorial organ as the constitutional position of the legal supervision organ,greatly reduced the judicial investment,saving judicial resources,maintaining the maximum of administrative authority,give full play to the executive power in the maintenance of national interests and the efficiency value of social and public interests.In the current public interest litigation cases,the administrative public interest litigation cases account for 91.14%,among which the proportion of the administrative public interest litigation cases settled in the pre-litigation procedures is up to 96.7%.Therefore,it is urgently needed to summarize the problems and significance of the pre-litigation procedures,and to provide ideas for judicial practice from the perspective of theory.From the actual situation of the country to carry out the public interest litigation,the procuratorial organs of the administrative organ is not in accordance with the law since the prosecution case more and more,but on how to locate the procuratorial organs constitutional status,how to act as good representatives of public interests,the administrative organ decide how to don't sulk,how to give full play to the program before litigation value also faces a series of problems.Therefore,it is necessary to make a detailed analysis of the value of the prelitigation procedure system and the effect of judicial practice,clarify the provisions of the prelitigation procedure,and give full play to the advantages of this system,so as to make the administrative public interest litigation system more sound and provide a theoretical basis for procuratorial organs to effectively carry out the work practice of administrative public interest litigation.Now has not been related law and judicial interpretation of administrative public interest litigation before litigation procedures detailed rules,given the from all walks of life especially the procuratorial organ to the administrative public interest litigation procedure before litigation corresponding problem solving the urgent demand,based on the statistics across the country to carry out the public interest litigation in all kinds of data,analyzing the cause of the data,a list of actual cases,meet difficulties,put forward the personal opinion in view of the problems in order to promote perfecting our country's procuratorial organs to carry out the administrative public interest litigation of the prepositional procedure before litigation specific specification.