Empirical Research On The Legal Issues Invoked By Procuratorial Suggestions Of Administrative Public Interest Litigation

As the pre-statutory procedure of administrative public interest litigation,procuratorial suggestions are not only an important part of administrative public interest litigation,but also an important way for procuratorial organs to carry out legal supervision.The attributes of pre-litigation procedure,legal supervision and legal documents of procuratorial suggestions provide theoretical support for the legal orientation of prosecutorial suggestions in invoking laws.The Rules for Handling Public Interest Litigation of the People’s Procuratorate and the Sample Form of Legal Documents for Procuratorial Suggestions of the People’s Procuratorate clearly stipulate the content that procuratorial suggestions should have.However,through combing and analyzing the retrieved 241 procuratorial proposals for administrative public interest litigation,it was found that among the procuratorial suggestions,there were the identification of the responsibilities of administrative subjects,the identification of the nature of administrative acts,and the application of the legal basis for procuratorial suggestions made by procuratorial organs.The problem of irregular application of laws was very prominent.The procuratorial suggestion to invoke the law in administrative public interest litigation has the following anomic performance:First,the procuratorial suggestion to invoke the law is insufficient.The main performance is that the procuratorial suggestion of administrative public interest litigation is not enough to invoke legal norms,which is not enough to comprehensively and accurately judge whether the administrative organ has illegal exercise of power or omission.The utilization rate of basic administrative law is low,which tends to overstep the boundary between procuratorial power and administrative power.The application of basic procedural provisions is not in place,which is contrary to the guidance of judicial norms in procuratorial suggestions.Secondly,the procuratorial suggestion to invoke the law is not rigorous.The main performance is that the procuratorial suggestion to the use of rules and other administrative normative documents is obviously not in line with the scope of legal basis for the trial of administrative cases stipulated in the Administrative Procedure Law of the People’s Republic of China.Finally,it is illogical for prosecutors to suggest invoking the up-down method.It mainly shows that the procuratorial suggestion has no legitimate request based on our legal system structure to invoke the upper and lower level law.In order to standardize the application of procuratorial suggestions in administrative public interest litigation,the following approaches are proposed:First,the rules of the application of laws should be unified to improve the authority and acceptability of procuratorial suggestions.Secondly,it is necessary to enhance the consciousness of invoking procedural law,so as to make the recommended objects understand and revere procuratorial suggestions more.Thirdly,it is necessary to strengthen the interpretation of the law and improve the persuasiveness of procuratorial suggestions.Finally,big data should be used to build an information open platform for procuratorial suggestions and documents,so as to force the legal standardization of procuratorial suggestions.