Procuratorial Suggestion In The Pre-litigation Procedure Of Administrative Public Interest Litigation

This paper analyzes the procuratorial suggestion before litigation and legal supervision mode,points out that the procuratorial suggestion in the administrative public interest litigation is the balance of procuratorial organ the application for administrative authority restriction and the need to maintain the need of public interests,not only the content source procuratorial organ law enforcement activities,its purpose is for auxiliary implementation procuratorial organs fulfill their duties of legal supervision and supervise the administrative organs to correct,are of procuratorial organs and cited into the legal role to the administrative public interest litigation,so it is of course of legal supervision authority behavior.Through the analysis of public power and coercive force,this paper points out that the two-way interaction of procuratorial suggestion determines the coercive force that is not necessarily accompanied by it,and because procuratorial suggestion cannot produce the effectiveness of administrative law,it does not constitute the substantive obligation of administrative organ.However,this paper argues that,as an act of public power,the suggestion of pre-litigation inspection still has the binding effect and rigidity.This paper analyzes its value and boundaries,the current situation of legal regulation and practice,and the characteristic arrangement of foreign regions.Then,this paper puts forward some optimization suggestions.