Research On Procuratorial Prosecution Suggestions Before Administrative Public Interest Litigation

Sending pre-litigation procuratorial advice to administrative organs is an important way for procuratorial organs to play a supervisory role in the pre-litigation procedures of administrative public interest litigation.The essence is the filtering mechanism of the administrative public interest litigation system.In June 2015,China was the first to conduct pilot projects on administrative public interest litigation in 13 regions including Beijing.After summing up two years of practical experience,when the Administrative Litigation Law was revised in 2017,the administrative public interest litigation system was formally determined,stipulating that the procuratorial organ should issue pre-litigation procuratorial advice to the administrative organ before filing an administrative public interest litigation.In October 2019,the Supreme People’s Procuratorate pointed out in the special work report on public interest litigation: "We must regard the maintenance of public welfare as the best judicial status before litigation." In fact,we must solve more public welfare issues before litigation.Because the research on administrative public interest litigation system started late in China,the relevant theoretical research is not in-depth,and the specific system provisions are not clear,which makes the role of the pre-lawsuit inspection proposal in practice greatly reduced.Therefore,this paper is devoted to the study of the administrative public interest litigation pre-prosecution Suggestions,combined with relevant theories and legal practice,through the analysis of the problems and causes of the cases in practice,and targeted to put forward measures to improve the effective implementation of the recommendations,to play an important role in the pre-prosecution procedure,to protect the public interests.This paper is mainly divided into four parts,the specific content is as follows:The first part is an analysis of the general theory of procuratorial suggestions before prosecution.First of all,it elaborates the meaning of pre-litigation procuratorial suggestions,the differences from general procuratorial suggestions and the principles to be followed.Then,it analyzes the institutional significance of the procuratorial suggestions before the lawsuit,including saving judicial resources,the self-correcting mechanism dominated by administrative power,and the combination of procedural starting attribute and entity processing function.The second part is the analysis of the problems in the practice of procuratorial suggestions before prosecution.Through four cases,this paper analyzes the problems existing in the practice of the administrative organs in implementing the procuratorial suggestions before litigation.First of all,analysis of administrative organs in the implementation of pre-litigation procuratorial recommendations still exist inaction or inaction phenomenon.Secondly,it analyzes the cases of Hunchun Municipal Bureau of Land and Resources not performing their duties according to law and Yanji Municipal Environmental Protection Bureau not performing their duties according to law,which reflects that in practice the procuratorial organs are biased towards the result orientation of the examination standards for the implementation of the pre-litigation procuratorial recommendations.Finally,it analyzes the lack of supervision and guarantee mechanism in the implementation of procuratorial suggestions before prosecution,the inadequate tracking and feedback mechanism,the unsmooth communication and coordination mechanism,and the lack of relief mechanism.The third part is to explore the causes of the problems existing in the procuratorial suggestions before the administrative public interest litigation.There is a lack of detailed legislative provisions on the pre-prosecution procuratorial proposals,and the current deadline for reply is too rigid.Before the prosecution,the content of procuratorial suggestions is impractical and the degree of detail is not uniform.There is a conflict of understanding between the procuratorial organ and the administrative organ regarding the content,degree and duration of the pre-litigation procuratorial proposal.Administrative organs are restricted by uncontrollable factors to implement procuratorial suggestions before litigation,and it is difficult for administrative organs to coordinate and cooperate in joint law enforcement.The fourth part is measures to improve the effectiveness of procuratorial suggestions before prosecution.First,the quality and feasibility of procuratorial suggestions should be improved.Secondly,strengthen the communication between procuratorial organs and administrative organs in the implementation of procuratorial recommendations,innovate the personnel exchange mechanism,and learn from local practical experience.Thirdly,perfect the procuratorial organ’s examination of the procuratorial suggestion before the lawsuit,clarify the double examination standard of behavior and result,and standardize the examination method of the procuratorial organ;Then,we will establish a tracking and monitoring mechanism and a relief and safeguard mechanism for the implementation of procuratorialrecommendations.Finally,give full play to the judicial role and improve the rationality of procuratorial suggestions.