Research on Pre-Litigation Procedure of Administrative Public Interest Litigation Initiated by the Prosecutorial Organization

摘要

In the process of prosecuting public interest litigation, a pre-litigation procedure has been taken as an important system design as the litigation procedure. The two-year pilot result indicates that most of the administrative public interest disputes can be solved through the pre-litigation procedure. On one hand, the pre-litigation procedure can urge the administrative department to perform their duties and case diversion in order to improve the judicial efficiency; on the other hand, it helps coordinate the relationship among various organizations. However during the practice, there are still a variety of problems existing in the pre-litigation procedure. Thus it is necessary to analyze and discuss the operational procedures of the pre litigation procedure, the judgment of the administrative organization's in performing their duties, and the investigation and evidence collection such subjects, so as to guide the judicial practice.