Function Orientation And System Perfection Of Pre Litigation Procedure Of Administrative Public Interest Litigation

With the continuous expansion of government power,the demand for supervision of power is also gradually increasing.In order to solve the problem of social public welfare damage caused by administrative organs’ inaction or incorrect exercise of power,China’s administrative public interest litigation system came into being.At the same time,in order to improve the efficiency of case handling Expanding the scope of social governance and respecting the self-control of administrative organs,China has set up pre litigation procedures in public interest litigation,that is,excluding the participation of judicial organs before litigation,building a communication bridge between procuratorial organs and administrative organs,and forming a joint force against the damage to public interests,so as to realize the self correction of administrative organs.The soft way of pre litigation procedure to realize power supervision and public welfare relief is an institutional innovation based on China’s national conditions.The system superiority of pre litigation procedure makes China’s administrative public interest litigation system enter a period of rapid development.With the development of seven years of administrative public interest litigation,prosecutors handling cases and experts and scholars in the field of administrative law the system in continuous practice,improvement countermeasures,andgradually standardizethe case handling process of administrative improve the details of the system.The publication of the public litigation handling rules of the people’s Procuratorate has made China’s public interest litigation system a higher level in practical application,and improved the long-standing system problems accepting cases and the source of clues,the vague procuratorial suggestions,the unclear performance standards of administrative organs and the absence of prosecution time.However,through theoretical analysis and case analysis in practice,It can be seen that at present,there are still some problems of non-standard system in the pre litigation procedure.First,the investigation and verification power that the procuratorial organ must exercise in the process of case filing and investigation in the pre litigation procedure lacks a high-level legal basis.Therefore,there are situations such as the non cooperation of the supervised organ and the lack of rigidity of power;Second,due to the lack of follow-up and supervision procedures for the implementation of procuratorial suggestions by administrative organs,there are many problems such as one-sided rectification and inadequate implementation of procuratorial suggestions;Third,due to the unidirectional nature of the pre litigation procedure,the procuratorial organs and administrative organs lack sufficient communication and coordination in practice;Finally,due to the lack of clear boundaries between "reply period" and "duty performance period" in the legal provisions of pre litigation procedure and the lack of evaluation mechanism on the implementation of procuratorial suggestions,there is a problem of improper connection between pre litigation procedure and litigation procedure.Through the analysis of practical data and relevant documents and in combination with the functional orientation of the design of the pre litigation procedure system,the rectification suggestions are put forward one by one for the above problems,such as clearly standardizing the investigation and verification power of the procuratorial organ in the legal documents of higher effectiveness level,Increase the rigidity of the right of investigation and verification by obtaining the support of the National People’s Congress and local governments;By institutionalizing the "look back" activity of public interest litigation,the specific contents and standards of follow-up supervision of procuratorial suggestions are clearly defined in legal documents;Secondly,strengthen the two-way communication between procuratorial organs and administrative organs,that is,learn from the Fujian round table to clarify the applicable conditions and contents of the consultation procedure,strengthen the full communication between the two in the pre litigation procedure,and form a joint force to solve the problem of damage to public welfare;Finally,by clarifying the "reply period" and "rectification period",and clarifying the basis for setting the rectification period,and then evaluating the implementation of procuratorial suggestions in combination with the application of hearing procedures,so as to improve the connection between pre litigation and litigation procedures.