Research On Pre-litigation Procedures For Administrative Public Interest Litigation

Since the pre-litigation procedure of administrative public interest litigation was stipulated as a statutory pre-procedure in Article 25,Paragraph 4 of the Administrative Procedure Law in 2017,the number of administrative public interest litigation cases has climbed significantly,of which the pre-litigation procedure dominates and the majority of cases are concluded in the pre-litigation procedure stage.In this paper,a series of studies are conducted on the pre-litigation procedure as an innovative point of the system.First of all,the pre-litigation procedure is conceptualized in a broad and narrow sense.Explain that the pre-litigation procedure is independent of the legal procedures,its characteristics have statutory,pre-litigation and independence,is not essentially an extension of the litigation function,but a form of legal supervision of the procuratorial organs.The value of pre-litigation procedures is to urge the administrative organs to self-correct,innovative forms of legal supervision of the procuratorial organs,diversion of cases to save judicial resources and improve judicial efficiency.Secondly,the current practice of pre-litigation procedure is analyzed,and the problems of pre-litigation procedure are summarized.Mainly including a single source of case clues,the procuratorate is the only subject of litigation;the lack of multi-sectoral collaboration mechanism,the division of authority of administrative subjects is difficult to sort out;the procuratorate is strong and not professional enough,while the lack of environmental resource protection cases for the resolution of the mechanism,and the academic community for whether the consultation set as a mandatory procedure is very controversial;the quality and effect of the procuratorial recommendations is not satisfactory,the administrative The quality and effectiveness of procuratorial recommendations are not satisfactory,and the administrative authorities lack the right to defend;there is no perfect follow-up and supervision mechanism for procuratorial recommendations.Finally,in view of the above problems,we propose the optimization path of the pre-litigation procedure,including exploring to increase the number of citizens and social organizations as the main subjects of administrative public interest litigation;establishing a multi-departmental collaboration mechanism;introducing consultation mechanism and exploring the establishment of a binary supervision mode with prelitigation consultation as the main focus;increasing the right of defense of administrative organs in the face of pre-litigation recommendations at the stage of procuratorial suggestions;establishing a perfect follow-up and supervision mechanism to ensure the implementation of procuratorial recommendations.The implementation of the recommendations in place.