Research On The Connection Between Pre-litigation Procedure And Litigation Procedure Of Administrative Public Interest Litigation

In June 2017,the 28 th Session of the Standing Committee of the National People’s Congress adopted the revision of the Administrative Procedure Low to establish administrative public interest litigation for the first time.Specifically,the fourth paragraph of Article 25 provides that when a procuratorial organ is infringed upon in a special field,it may,exofficio,put forwards procuratorial suggestions to the relevant administrative organ to urge it to perform its duties.If the administrative organ still fails to perform its duties after receiving procuratorial suggestions,the procuratorial organ may bring an administrative lawsuit to the people’s court.Administrative public interest litigation is a lawsuit instituted by the procuratorial organ to safeguard the national and public interests and a lawsuit instituted to urge the procuratorial organ to actively perform its duties.Under the mode of dual supervision,the national and public interests shall be well protected,which is of great significance to the reasonable restriction of administrative power and plays a positive role in the integrated allocation of judicial resource.However,as the establishment,promotion and implementation of the administrative public interest litigation system is relatively short,there are many problems in both legal regulation and practical operation.Base on the analysis of typical cases released by the Supreme People’s Procuratorate since 2016,it was found that,especially with regard to the establishment of the system for the connection between pre-litigation procedure and litigation procedure,there were some problems,such as the application scope of the right of investigation and evidence collection,the mismatch of authority,the different standards for the review of illegality of administrative acts,the blurred matching of claims with the procuratorial suggestions,and the excessive burden of proof borne by the procuratorial organ.These problems in practice still need to be solved and perfected.Accroding to the logic of the initiation and operation of administrative public interest litigation,the author sums up the problems in practice through empirical analysis,comparative analysis and literature analysis.That is,the author applies the principle of appropriateness of function,and analyzes the root causes of problems.The deviation from functionalism leads to the occurrence of problems,and then puts forward countermeasures in five aspects,namely,clarifying the scope of investigation and evidence collection,increasing the mandatory force of investigation and evidence collection,adopting unified behavior review standards,optimizing procuratorial suggestions and reducing the burden of proof of procuratorial organ,so as to improve the mechanism for connection between pre-litigation procedure and litigation procedure of administrative public interest litigation,so as to improve the administrative public interest litigation and maintain the order of administrative law,and thus build a better socialist country under the rule of law.