| In recent years,the government law enforcement has exposed serious problems in many fields,such as the poor supervision of food and drug,the connivance of polluting the ecological environment and destroying natural resources,the waste of state-owned assets and state-owned land,etc.While damaging the image of the government,it also brings double harm to the public psychology and public interest.In response to the absence of public interest protection,the Party Central Committee took the lead in making reform instructions,and administrative public interest litigation was formally put on the agenda of law revision.The construction of the system is from nothing to existence,and the legal norms are from rough to complete.Administrative public interest litigation is no longer an abstract concept in the academic research field,but a specific design at the system level.As the essence of administrative public interest litigation system in China,pre litigation procedure shows its immortal vitality with its unique function.It not only urges the administrative organs to perform their duties actively,corrects the illegal administration or omission,and promotes the construction of the government under the rule of law,but also resolves administrative disputes efficiently and stops the damage of public interests.The essence of pre litigation procedure is to balance the relationship between procuratorial power and administrative power,mobilize the autonomy of administrative organs with the modesty of procuratorial organs,and respect the administrative autonomy.It is undeniable that the promotion of procuratorial public interest litigation provides rich case samples for theoretical research.Through the trial and error mechanism,the necessity and feasibility of the establishment of the administrative public interest litigation system of the procuratorial organ can be objectively verified.It can be considered that the system has not been constructed in our country,the pre litigation procedure is in the stage of exploration and improvement,the local theory supply is insufficient,and the foreign reference is limited,inevitably there are some problems to be solved.The starting conditions of the pre litigation procedure,the operation standards of the procuratorial suggestions and the standards of supervising the performance of duties are particularly prominent.The current laws and regulations only respond to some problems in procuratorial public interest litigation,and there is still a gray area in the specific operation of related fields of pre litigation procedures,which undoubtedly increases the difficulty of judicial practice.After pre litigation procedure filtering,the number of administrative public interest litigation cases filed to the people’s court has been greatly reduced.The application of pre litigation procedure makes the procuratorial organ derive similar prosecution discretion in the administrative public interest litigation.How to prevent the abuse of non prosecution punishment is a big problem.Based on the analysis of the causes of the focus problems,this paper uses the relevant basic theories such as the principle of division of power,the concept of limited public welfare,and the theory of procedural justice,and takes the discretion of the procuratorial organ as the cut-off point to clarify the conditions for the procuratorial organ to start the pre litigation procedure,further standardize the relevant contents of the procuratorial suggestions,and build the performance standards of the administrative organ. |
