Study On The Improvement Of Pre-litigation Procedure Of Administrative Public Interest Litigation In China

With the continuous promotion of the public interest litigation system by the procuratorial organs in China,the pre-litigation procedure for administrative public interest litigation has become a preliminarily and compulsory legal procedure for instituting administrative public interest litigation.The pre-litigation procedure not only balances the procuratorial and administrative powers through flexible supervision,but also saves judicial resources,which has its own unique value and function.However,due to the late start of the administrative public interest litigation procedure in China,the theory and practice are still in the exploration stage,coupled with the imperfect legislation,resulting in the administrative public interest litigation procedure in practice,there are many problems,seriously hindering the efficacy of the pre-litigation procedure.Therefore,further improvement of the pre-litigation procedure for administrative public interest litigation is the right thing to do for the development of public interest litigation in China.In this regard,this paper examines the four sides of the administrative public interest litigation procedure in China,including the basic theory,the analysis of the current situation,the problems in practice and the improvement of the procedure.Secondly,from the theoretical level to analyze the connotation definition,characteristics,theoretical basis and functional value of the pre-litigation procedure system.Again,the focus on the practice data,from the relevant documents and case data analysis,explore the pre-litigation procedure in China’s current operating conditions and operating characteristics,and affirm the pre-litigation procedure in the public interest to protect the contribution.Finally,through the analysis of practical cases,the article concludes that the following problems exist in the current pre-litigation procedure: difficulties in the investigation and collection of evidence by the procuratorial authorities,insufficient standardisation of pre-litigation procuratorial recommendations,and unclear standards for the performance of duties by administrative organs.And based on the above problems,combined with the development of pre-litigation procedures in China’s actual situation,from the procuratorial organs investigation power,pre-litigation procuratorial proposals and administrative organs to perform their duties judgment standards three major aspects put forward targeted recommendations: for the procuratorial organs to give rigidity to the investigation power,at the same time for its investigation and evidence to provide supporting security;strengthen pre-litigation consultation,standardize the content of pre-litigation procuratorial proposals and implementation of follow-up supervision;for the administrative organs to perform their duties to establish The government should also establish diversified criteria for judging the performance of duties and establish a flexible response period.