Study On Pre-litigation Procedure Of Administrative Public Interest Litigation

Judicial activities should be constantly adjusted and reformed to meet the requirements of the new environment.Under the background of the construction of ecological civilization and harmonious society,the public attaches more and more importance to the protection of public interests,but some government departments still have many shortcomings in safeguarding public interests for the people.Therefore,it is necessary to give full play to the role of procuratorial organs in administrative public interest litigation.In order to balance the relationship between the cost and efficiency of administrative public interest litigation,the introduction of pre-litigation procedure has become an innovative attempt of judicial activities in administrative public interest litigation.Based on the analysis of typical cases in Hubei Province from 2015 to 2019,this paper,with the help of literature analysis,case analysis,induction and deduction,and combined with the author's practical experience in the work of procuratorial organs,explores the connotation,application value and current problems in time of the pre-litigation procedure of administrative public interest litigation,and combines with practical workers.Experience,case experience and relevant literature are made,and improvement countermeasures are put forward.The study finds that the introduction of pre-litigation procedure can save judicial resources,safeguard public interests and realize power restriction.However,there are still some problems in the practical application,including:the lack of flexibility in the time limit of pre-litigation procedure,which is manifested in the failure to consider natural factors and natural factors;the stricter standards of pre-litigation procedure review,which are manifested in the stringent results-oriented standards of pre-litigation procedure review and the negative results-oriented standards.Influences:The nature of pre-litigation procedure investigation and evidence collection is not clear,which is manifested in the imperfection of the current system and norms,resulting in the suspicion of procuratorial power invading administrative power.As a new thing,the system design and content application of the pre-litigation procedure of administrative public interest litigation will inevitably have many aspects to be improved.Therefore,positive measures must be taken to improve the pre-litigation procedure of administrative public interest litigation.Specific needs include setting up a "variable period" for the pre-litigation procedure to perform its duties,establishing a combination of Behavior-oriented and result-oriented review standards,and reconstructing a "staged" pre-litigation procedure investigation and evidence-gathering mechanism.