The Empirical Analysis Of Procuratorial Suggestions In Chinese Administrative Public Interest Litigationtudy

In 2014,in the process of comprehensively promoting the strategy of rule of law,China developed the administrative public interest litigation system.In order to better understand the development process of administrative public interest litigation,the state has set up different pilot projects in some areas of our country,the duration of which is limited to two years.In June 2017,the state added a clause on administrative public interest litigation in the newly revised administrative procedure law,which indicates that the administrative public interest litigation system has been officially recognized by the state.After the development during the pilot period,administrative public interest litigation has gained a lot of experience,and then it has been vigorously supported by the state and issued relevant policies to protect it,and administrative public interest litigation has achieved remarkable results.However,the perfection of any system has been thoroughly tempered,and administrative public interest litigation is no exception.Even with the rapid development,it still faces many problems.Through the analysis of all kinds of administrative public welfare cases during the pilot period,it can be understood that the administrative public welfare litigation system does not interfere in the internal affairs of the administrative organ on the premise of full respect for the administrative organ,in order to remind the administrative organ of the need to correct mistakes,correct the previous administrative acts,and effectively urge the administrative organ to actively perform its duties.In the current context of the scarcity of judicial resources,we can use the minimum resources of procuratorial organs in exchange for the maximum litigation revenue,save judicial resources,but also ensure justice and litigation quality,and further maintain social equality,justice and stability on the basis of maintaining the unity and balance of procuratorial power,administrative power and judicial power.In order to better study the procuratorial suggestions in administrative public interest litigation,we should first clarify the concept of procuratorial suggestions in administrative public interest litigation,start with the theory of procuratorial suggestions,understand the characteristics and principles of procuratorial suggestions,and analyze the differences between the pre litigation procedures in administrative public interest litigation and civil public interest litigation,which can be more convenient to understand the emergence of procuratorial suggestions in administrative public interest litigation The role of.After that,we find out the application of procuratorial suggestions from the actual trial of administrative public interest litigation.Through 97 first instance judgment documents of administrative public interest litigation in China,we hope to find out many problems that may appear in the litigation by analyzing the procuratorial suggestions in the judgment documents.According to the collection of data,we analyze the types of procuratorial suggestions,and reflect the procuratorial construction through data On the benefits of administrative public interest litigationAdministrative public interest litigation started late,and its development time is relatively short.There are some problems in the practical application of procuratorial suggestions.From the analysis results of the judgment documents,the reply way of the procuratorial suggestions is too single,and the reply time limit is also relatively rigid,including the lack of effective communication between the connection between the procuratorial suggestions and the proceedings,and some procuratorial organs are not clear about the performance requirements of the proposed organs in the procuratorial suggestions.In terms of the current situation of procuratorial suggestions,the reasons for the above problems are various,including the imperfection of the system of procuratorial suggestions: the specific production procedures of procuratorial suggestions are not standardized,the relief procedures and responsibilities are not clear;some procuratorial suggestions are not standardized.It also includes that the procuratorial organ does not pay enough attention to the public welfare procuratorial business and some procuratorial organs only pay one-sided attention to the quantity of production and distribution,and ignore the quality of procuratorial proposals.These are the main reasons for the dilemma of the development of procuratorial advice.In view of the main problems found in the practical application of the procuratorial suggestions in China,we can start from three aspects: the improvement of the contents of the procuratorial suggestions,the optimization of the procuratorial personnel,and theconstruction of the communication system between the procuratorial organs and other departments.Specifically speaking,we should first consider the initiator of the procuratorial suggestion,strengthen the optimization of the internal personnel of the procuratorial organ,so that the procuratorial personnel can attach importance to the procuratorial suggestion of administrative public interest litigation,so as not to make the procuratorial suggestion become mere formality.The key point is to improve the system design of procuratorial suggestions,including the standardization of the contents of procuratorial suggestions,the flexible adjustment of the reply period of procuratorial suggestions,the enhancement of the rigid law enforcement force of procuratorial suggestions,the clarification of the standards on the performance of administrative organs in procuratorial suggestions and the improvement of the supporting mechanism of procuratorial suggestions.Finally,the communication system of the procuratorial organ is constructed,so that the procuratorial suggestions can better serve the administrative public interest litigation,so as to better play the role of procuratorial suggestions.