Research On The Preliminary Procedure Of Administrative Public Interest Litigation

With the progress and development of society,administrative agencies are assuming more and more complex social management functions.This inevitably causes many public interest damages caused by inaction or abuse of power by administrative agencies.The administrative public interest litigation system was born under such a general background,and it has been implemented for more than 5 years since the beginning of the pilot program.The pre-litigation procedure is an important design of the system.In practice,most cases can be completed through this procedure.This procedure has played an irreplaceable function in protecting public welfare,saving judicial resources,and promoting the active performance of duties by administrative agencies.However,the system is currently not a very mature system,and there are still many problems and deficiencies in practice.The main problems are:limited sources of clues in the case,investigation and evidence collection difficult,unsmooth connection between two procedures,lack of effective supervision of pre-litigation procedures,and competing pre-litigation procedures.In order to solve the above-mentioned shortcomings,the following measures can be taken to further improve.In terms of broadening the source of clues in cases,it is possible to consider measures to expand the interpretation of "performance of duties",expand the scope of cases,and improve clue transfer mechanisms.In terms of improving the link of investigation and evidence collection,it is possible to consider measures to increase the professionalization of prosecutors,Improve the compulsory force of investigation and verification.In terms of improving the connection between two procedures,measures can be taken to clarify the duration of the prosecution and clarify the performance standards of administrative agencies;it is proposed to introduce pre-litigation hearing procedures,and clarify the specific procedures for hearings and the handling of the review results.In terms of improving the pre-litigation procedure supervision mechanism,we can consider using internal supervision + external supervision to strengthen the supervision of procuratorial organs;At the same time,the establishment of interview mechanism,accountability mechanism and other mechanisms to promote the timely correction of administrative organs,enhance the effectiveness of pre litigation procedural supervision.When there are two types of pre-litigation procedures for public interest litigation,it is recommended that the pre-litigation procedures of administrative public interest litigation should be preferred.