The Application Dilemma And Improvement Measures Of Pre-litigation Procedure Of Administrative Public Interest Litigation

The pre-trial procedure is an original creation of China’s procuratorial public interest litigation system.It has been five years since its establishment in 2017.Judging from the operation and practice of administrative public interest litigation in the past five years.The pre-litigation procedure has played a huge role.It not only effectively makes up for the shortage of specialized defenders of public interest,urges administrative organs to perform their duties or correct illegal behaviors in a timely manner,but also helps to reduce litigation links,save judicial resources,and obtain the best social effects with the least judicial input.It is the main form of effective settlement.However,as a brand new legal system,the procedure before administrative public interest litigation has its rationality and advantages,but there are also many problems and deficiencies,such as imperfect supporting laws and regulations,insufficient investigation and verification guarantee,unreasonable assessment standards,case handling quality and efficiency need to be continuously improved,which will be the focus of judicial practice exploration in the future.On the basis of understanding the theory of pre-trial procedure,this paper takes the case handling situation of Jinzhong procuratorial organ as the entry point,carries out research by developing questionnaire,making statistical analysis of the case situation of pre-trial procedure,in-depth analysis of typical cases,and focusing on the application of law,and Review and analyse the existing problems.Furthermore,it puts forward some optimization measures,such as providing solid institutional support,strengthening investigation guarantee,improving the quality and efficiency of case handling super vision,constructing standard judicial system,so as to provide strong practical guidance for handling such cases in the next step.In order to maximize the internal motivation of pre-litigation procedures,gather consensus and joint efforts to protect national and social public interests,and better implement the goal of "improving the public interest litigation system and promoting the high-quality development of public interest litigation" proposed in the report of the Party’s 20 th National Congress.