Research On Pre-trial Procedure Of Administrative Public Interest Litigation Sued By Procuratorate

The amendment of the administrative procedure law provides the legal basis for the procuratorial organ to file the administrative public interest litigation.In recent years,China has carried out the pilot work of administrative public interest litigation.In practice,administrative public interest litigation plays an important role.Pre litigation procedure is the necessary procedure of administrative public interest litigation,which is complementary to administrative public interest litigation.The core purpose of the pre litigation procedure,which is the pre litigation procedure for the prosecution,is not only to provide the administrative organ with the opportunity of self correction,but also to save the judicial resources.At the same time,it also embodies the principle of modesty and prudence.Pre litigation procedure is not only helpful to solve administrative public interest litigation cases,but also plays an irreplaceable role in balancing procuratorial power,judicial power and administrative power.However,there are still many problems in the current pre litigation procedure in practice,such as the narrow scope of accepting cases,the single source of case clues,and the lack of compulsory investigation and verification rights of procuratorial organs.Therefore,the system of pre litigation procedure needs to be reformed and improved.The reform of pre litigation procedure should be based on the nature of procuratorial power,the theoretical basis of pre litigation procedure and the system of "one government,two courts" under the system of people’s Congress.In order to improve the pre litigation procedure,it is necessary to clarify the scope of administrative public interest litigation cases in legislation,broaden the sources of case clues of procuratorial organs,and strengthen the enforcement of procuratorial organs in investigation and verification,which is of great significance to effectively solve the difficulties faced by the pre litigation procedure,balance procuratorial organs,administrative organs,judicial organs and effectively solve administrative public interest disputes.