Research On The Procuratorial Suggestions Before Administrative Public Interest Litigationg

In 2014,the Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China proposed for the first time to explore the construction of an administrative public interest litigation system for procuratorial organs.Afterwards,a two-year pilot project for public interest litigation was carried out in some regions of China,providing valuable practical examples for public interest litigation during the pilot period.In the newly revised Administrative Litigation Law in 2017,the addition of "Administrative Public Interest Litigation" was a major highlight.The innovative provisions on pre litigation procuratorial suggestions provided a new perspective and new ideas for handling administrative public interest litigation cases,and achieved the expected results of institutional design during the pilot period.However,no matter what innovative system is in the process of development and improvement,it will inevitably fall into operational difficulties due to its own shortcomings and shortcomings,and the pre litigation procuratorial suggestions for administrative public interest litigation are also inevitable.For example,in the process of pre litigation prosecution,the procuratorial organs have different standards for judging the behavior of the supervised administrative organs regarding "failure to fulfill their duties in accordance with the law",and there is also a problem of unclear matching between pre litigation prosecution suggestions and the litigation procedure system.At present,under the entire administrative public interest litigation system,a pattern of "pre litigation procedure+litigation procedure" has been formed.As the core of the pre litigation procedure,pre litigation procuratorial advice will become a key focus that needs to be standardized in the future when formulating the Public Interest Litigation Law.In the process of handling administrative public interest litigation cases,the current procuratorial organs have formed a case handling workflow with pre litigation procuratorial suggestions as the core.However,based on the current situation of handling administrative public interest litigation cases,there is still a situation of poor governance effectiveness.This article refers to typical cases released by the Supreme Court of Public Prosecutors,starting from the concept and characteristics of pre litigation procuratorial suggestions in administrative public interest litigation,and combining the differences with similar concepts,based on the function of administrative public interest litigation,explores the problems that exist in the current operation process of pre litigation procuratorial suggestions,and seeks optimization paths.