Practical Problems And Optimization Path On The Procuratorial Suggestion System Of Administrative Public Interest Litigation In China

In June 2017,China’s Administrative procedure Law formally established the system of administrative public interest litigation,making it clear that the procuratorial organ is the main body of making and issuing procuratorial suggestions,which is the necessary and pre-requisite procedure for filing administrative public interest litigation.As the core system of pre-litigation procedure,administrative public interest litigation system has already stopped a large backlog law cases before litigation since from its establishment,which made a crucial contribution to saving judicial resources.In 2019,the Supreme people’s Procuratorate issued the regulations on Procuratorial suggestions of the people’s Procuratorate in order to standardize the details of the procuratorial recommendations of administrative public interest litigation,aiming to solve the outstanding problems existing in practice.The content and scope of procuratorial recommendations are systematically stipulated.However,in practice,because the connotation and extension of procuratorial recommendations is not clear enough,there are still a variety of problems,procurat orial organs often encounter difficulties in performing the power of supervision,which is not conducive to the realization of the significance of the procuratorial suggestion system itself.