Research On Procuratorial Proposals Before Litigation In Administrative Public Interest Litigation

In 2014,in the overall promotion of the strategy of governing the country according to law,the Fourth Plenary Session of the 18 th Central Committee of Communist Party of China proposed to establish a system of public interest litigation by the people's procuratorate.Subsequently,the two-year public interest litigation pilot provides practical experience for the study of public interest litigation.The pilot schemes and judicial interpretations issued by the Supreme People's Court and the Supreme People's Procuratorate respectively provide detailed implementation plans for procuratorial organs to carry out public interest litigation.In the revised Administrative Procedure Law in 2017,one of the highlights is the addition of ‘administrative public interest litigation' clauses,among which the innovative provisions of pre-litigation procuratorial proposals provide a new idea and vision for the theoretical study of administrative public interest litigation,and have achieved expected results during the pilot period.Of course,the emergence of any new system inevitably faces some development difficulties because of its own shortcomings.The same is true of pre-litigation procuratorial proposals in administrative public interest litigation.For example,the single mode of pre-litigation procuratorial suggestion,the rigid period of pre-litigation response,the unclear standard of performance of administrative organs,the lack of smooth connection between pre-litigation procuratorial suggestion and litigation procedure,etc.The pilot practice has proved that the pre-litigation procuratorial proposals have incomparable advantages in administrative public interest litigation.It can not only supervise offside and dislocated administrative organs to correct errors or supervise absent administrative organs to perform their duties in a flexible way on the basis of respecting administrative power,but also exert funnel-like screening function,strive to invest the lowest litigation cost to obtain the greatest litigation revenue,save judicial resources and ensure litigation fairness and litigation quality under the background of limited judicial resources.Even more,it can coordinate procuratorial power,administrative power and judicial power from a macro perspective,striving to build an equal,fair and stable social order.Based on this,this paper starts with the comparison between the pre-litigation procedure of administrative public interest litigation and the pre-litigation procedure of civil public interest litigation,and the relationship between the pre-litigation procuratorial suggestion of administrative public interest litigation and administrative public interest litigation,then analyses the nature,function and basic principles of the pre-litigation procuratorial suggestion of administrative public interest litigation.Through the data analysis of 2018 public interest litigation present situation,this paper explains the necessity and feasibility of the pre-litigation procuratorial suggestion from both theoretical and practical levels,summarizes the problems of the pre-litigation procuratorial suggestion,and puts forward some advices from the perspective of the pre-litigation procuratorial suggestion itself and the connection with the litigation mode,in order to remedy the deficiencies of the current system of pre-litigation procuratorial suggestions in administrative public interest litigation.