Study On The Period Of Pre-trial Procedure Of Administrative Public Interest Litigation

The number of cases of administrative public interest litigation has risen sharply since the pilot to the formal introduction of the law,as a key element of the administrative procedure in the public interest,the preliminary proceedings play a major role.Most cases can be resolved in pre-trial proceedings,thus avoiding court proceedings,conserving judicial resources and allowing the public prosecutor’s office to exercise a supervisory function.However,in practice,the procuratorial organs pre-litigation period specification unreasonable,administrative organs to perform their duties within the scope of the definition of vague,pre-litigation procedures and litigation procedures of the articulation period and other issues indicate that the pre-litigation procedures to improve the preventive function.In this case,this thesis from the administrative public interest litigation pre-litigation period,using a variety of research methods,for the analysis of pre-litigation period problems,put forward corresponding countermeasures.This paper starts with the setting basis of the pre-trial procedure period of administrative public interest litigation,briefly explains the connotation of pre-trial procedure and the theoretical basis and practical basis of the setting of pre-trial procedure period,so as to lay a solid foundation for the analysis of problems and put forward reasonable suggestions in the following paper.Then,it summarized the problems existing in the pre-trial procedure period of administrative public interest litigation.Mainly through analyzing typical cases in practice,it carefully sorted out the main period problems existing in the stage from filing the case to filing the administrative public interest litigation.It focused on exploring the standardization of the pre-trial case handling period of the procuratorial organ and the rationality of the performance period of the administrative organ after receiving the procuratorial advice.The three stages of the time limit of prosecution when procuratorial organs bring administrative public interest litigation.This paper analyzes the causes of the existing problems,and analyzes the causes of the problems in terms of the deadline for handling cases and the deadline for performing duties in practice from the provisions of existing laws and the internal mechanism of administrative organs.In addition,based on the theoretical disputes and system defects,profound analysis of the reasons for the confusion of the period of prosecution.Finally,some suggestions are put forward to improve the existing reasons.From the perspective of type treatment and interest measurement,on the one hand,the differentiated deadlines for handling ecological environmental cases and other cases are put forward.On the other hand,it analyzes whether administrative public interest litigation is limited by the prosecution deadline,and then puts forward the elements of constructing the prosecution deadline and suggestions for type analysis of the prosecution deadline.At the same time,the paper gives some measures to solve the problems existing in the performance period.