Research On The Investigation And Verification Power Of Pre Litigation Procedure Of Administrative Public Interest Litigation

The administrative public interest litigation system supervises the performance of administrative organs by the procuratorial organs,and protects public interests on the basis of building the functional order of legal supervision power and administrative power,and it’s an important institutional arrangement to promote the protection of public interests by thinking and method of the rule of law.As the statutory pre-procedure of administrative public interest litigation,the pre-litigation procedure has achieved the best public welfare protection effect with the smallest input cost by virtue of its unique advantages of overall planning and coordination and urging the comprehensive management of multiple relevant departments.Procuratorial organs investigate and collect relevant evidence and verify relevant facts in the pre-litigation procedure,which is the premise and foundation for the smooth progress of the pre-litigation procedure,and is also the key to urging administrative organs to perform their duties in accordance with the law.From the "Pilot Program" during the pilot work period to the latest "Case Handling Rules",the provisions on the power of investigation and verification in the pre-litigation procedure have been gradually standardized and provide a legal basis for the right,and also reflect the Chinese characteristics of public welfare protection under the background of rule of law.But there are still some problems in the operation of the power of investigation and verification in the pre litigation procedure.The main problems include: the effectiveness level of the operation basis is not high and legislative norms is incomplete,improper expansion of the scope of the investigation,excessive verification standards,insufficient compulsion,and the supporting mechanism is incomplete.If these problems are not paid attention to,it will lead to the failure of triple system purpose,which include supervising the performance of duties of administrative organs,protecting national and social public interests and saving judicial resources in the pre-litigation procedure of administrative public interest litigation.In order to solve the above problems,the investigation and verification power of the pre-litigation procedure can be improved from the following aspects:First of all,the legislative level of the power of investigation and verification should be improved,and on the basis of amending the Administrative Procedure Law,the new problems encountered in the development of the power of investigation and verification should be improved in the form of judicial interpretations,such as innovating the mode of investigation and verification,improving the cross-regional collaborative investigation mechanism,and building an external control and supervision mechanism for investigating and verifying power;Secondly,Secondly,on the basis of clarifying the scope of investigation,different stages and facts to be verified should be distinguished to optimize verification standards;Third,strengthen the compulsion of the power of investigation and verification from the two levels of giving the procuratorial organs coercive investigation means and taking different consequences measures on the basis of distinguishing different respondents;Finally,the staffing of case-handling personnel should be strengthened,the case-handling capacity should be continuously improved,and the relevant supporting mechanisms for investigation and verification power should be improved by building an integrated case-handling mechanism,establishing a special fund,and an expert appraisal platform.The investigation and verification activities of the procuratorial organs are the basis and important guarantee for the operation of the pre-litigation procedure of administrative public interest litigation.The research on the power of investigation and verification in the pre-litigation procedure of administrative public interest litigation aims to construct a reasonable framework for the power of investigation and verification in the pre-litigation procedure,further promotes the standardization of the operation of the power of investigation and verification in the pre-litigation procedure,and realizes the ultimate goal of the pre-litigation procedure to urge administrative organs to perform their duties in accordance with the law and protect public interests.