Review And Perfection Of The Procedure Before Litigation Of Administrative Public Interest

Since the two-year trial of administrative public interest litigation pre-trial procedure has been promoted comprehensively,the system design of pre-trial procedure has played an important role in diverting cases and saving judicial resources.The prosecution suggests that the administrative organs should be urged to correct their mistakes in a gentle way so as to achieve the purpose of safeguarding national and social public welfare with the least judicial cost.Through the analysis of the data of handling cases during the pilot period and since the comprehensive promotion,it can be seen that the application of pre-litigation procedure makes most administrative public interest litigation cases closed before litigation,providing a new feasible path for the maintenance of public welfare.However,while the pre-litigation procedure has achieved remarkable results,we should also see some imperfections in the practice of the pre-litigation procedure.Combined with judicial cases,it can be seen that there are many problems in the pre-trial procedure,such as single source of case clues,difficulty in investigation and evidence collection by procuratorial organs,insufficient standardization of pre-trial procuratorial suggestions,and imperfect connection between pre-trial procedure and litigation procedure,which need to be explored in the judicial practice in the future.In this paper,on the basis of understanding the theory of pre-litigation procedure,combined with the current situation of its operation,drawing lessons from the advanced experience of foreign countries for pre-litigation procedure,the pre-litigation procedure of Our country’s imperfections put forward targeted measures,in order to promote the better use of China’s administrative public interest litigation pre-litigation procedure.