| The prosecution institution’s filing of administrative public interest litigation is a highly Chinese characteristic public interest protection system.The revised Administrative Litigation Law in 2017 made procuratorial suggestions a pre litigation procedure for administrative public interest litigation,which is a unique initiative in China.On the one hand,the pre litigation procuratorial suggestion system plays an important role in diverting administrative public interest litigation cases,supervising administrative agencies to perform their duties in accordance with the law,and repairing damaged public interests.On the other hand,there are problems with the pre litigation procuratorial suggestion system,such as poor document quality and lack of supervision.At present,the vast majority of administrative public interest litigation cases are closed in the pre litigation stage,and the pre litigation procuratorial advice is the most comprehensive judicial document for cases that have not entered the litigation stage.Therefore,studying the system of pre litigation prosecutorial advice has important theoretical and practical significance.This article conducts research on the pre litigation procuratorial suggestion system for administrative public interest litigation,which is divided into five parts.The first part is an introduction,raising questions,and combining relevant research at home and abroad to demonstrate the research value of the pre litigation prosecution suggestion system.The second part discusses the pre litigation procuratorial suggestion system from a theoretical perspective.It first introduces the concept and content of pre litigation procuratorial suggestions,as well as the differences and connections between pre litigation procuratorial suggestions and pre litigation procuratorial suggestion systems.Then,it introduces the development process of the pre litigation procuratorial suggestion system.Finally,it discusses the principles and functions,and describes the overall framework of the pre litigation procuratorial suggestion system.The third part discusses the operation of the pre litigation procuratorial suggestion system from a practical perspective,including the exploration of the pre litigation procuratorial suggestion system in history and the operation of the pre litigation procuratorial suggestion system in the past five years.The author collected 190 pre litigation procuratorial proposals,introduced their preparation and issuance time and region,and analyzed them from multiple aspects such as the preparation and issuance objects,case sources,and number of suggested items,and made charts.In the fourth part,through the study of cases,it was found that the pre litigation procuratorial suggestion system in the case has three problems: low quality of documents,poor coordination with administrative agencies,and lack of supervision.The fifth part,referring to the good practices in some cases and the innovative practices of some procuratorial organs,proposes to improve the pre litigation procuratorial suggestion system from three aspects: improving the quality of pre litigation procuratorial suggestion documents,coordinating pre litigation procuratorial suggestions with administrative organs,and strengthening supervision of the pre litigation procuratorial suggestion system. |
