| Pre-litigation procedure is the legal prepositional procedure of administrative public interest litigation.Since the establishment,it has been accompanied by administrative public interest litigation system itself,and have played a common role in urging administrative organs to perform their supervision and management duties according to law,protecting national interest and social public interest from damage,promoting the building of a law-based government,as well upholding the long-term peace and stability of a society governed by law.But no confrontation no litigation,carry out administrative public interest litigation activities should establish the concept of "double-win,multi-win&win-win" and "the best judicial state is to achieve the purpose of protecting the public interest before litigation".There’s no need to solve illegal acts appealed to the court,which exerts an important difference between administrative public interest litigation and ordinary administrative litigation,under the role of pre-litigation procedure.Therefore,pre-litigation procedure has gradually become the core procedure to solve administrative disputes,as the vast majority of administrative public interest litigation cases come to an end before litigation procedure,together with the continuous development and maturity of administrative public interest litigation system.The move balances the separation of functions of procuratorial authority and administrative authority,so that the protection of public interest can stand smoothly on the base platform jointly built by good effect and high efficiency.This thesis takes pre-litigation procedure of administrative public interest litigation as the research object,focuses on analyzing the running difficulties in pre-litigation procedure of Chinese administrative public interest litigation under the current practice state.Then seeking methods and experiences suitable to our national conditions,through investigating legislative cases and practice of pre-litigation procedure of foreign public interest litigation,finally proposing practical and feasible improving ways.In addition to the introduction and conclusion,this thesis’s discussion on pre-litigation procedure of administrative public interest litigation will mainly conducted in these four sections:Section 1 summarizes pre-litigation procedure of administrative public interest litigation,from its concept and evolution,and necessity of setup these two aspects.In aspect of the concept and evolution of pre-litigation procedure of administrative public interest litigation,the thesis will briefly describe its concept and characteristics,legislative evolution and the path of practical development.The aspect of necessity of setup will involve the contents of respecting administrative power,maintaining the modesty of procuratorial power,effectively saving judicial resources,and giving consideration to the fairness and efficiency of public welfare protection.Section 2 is according to the implementation of pre-litigation procedure of administrative public interest litigation in China at the present stage,putting forward the problems that need to be further improved and solved.Specific includes three aspects:procuratorial authority’s right of investigation and verification is difficult to guarantee,the issue and reply of procuratorial suggestion lack of flexibility,and the termination situation of pre-litigationl procedure are not perfect regulated.Thereinto,the difficulty to guarantee procuratorial authority’s right of investigation and verification mainly reflected in the weak means of application and the lack of protection.And while the way of issuing procuratorial suggestion is not flexible,the requirement of the time limit for administrative organs to respond to their duties is also relatively rigid.Then,the imperfect regulation of termination situation of pre-litigationl procedure,which are mainly show in the incomprehensive evaluation criteria for the performance of the administrative organs in accordance with the law,and the existing pre-litigation procedure is difficult to stop the urgent public welfare damage.Section 3 is the investigation of legislative cases from pre-litigation procedure of foreign public interest litigation.Understanding and analyzing the request of supervision of resident litigation in Japan,pre-litigation notice and priority of administrative act of citizen suit in America,as well as pre-procedure of private procurator-general system in England.Based on the situation of our country,the system and procedure appropriate to local legal system should be absorbed,and the final revelation is that the exemption of pre-litigation procedure isn’t conducive to the realization of administrative self-control,and the temporary injunction may constrain the path of public harm prior to litigation.Section 4 will correspond to Section 2,looking for solutions to the problems one by one.Firstly,procuratorial authority’s right of investigation and verification can be strengthened by enriching its investigation and verification methods,and strengthening its protection.Secondly,while improving the way to reply to procuratorial suggestion,flexible deadline for administrative organs to reply to their duties should be set.Finally,the termination of pre-litigation procedure should be improved,the evaluation criteria for the performance of administrative organs in accordance with the law should be applied scientifically,and pre-litigation injunction should be introduced for the urgent public welfare damage. |
