The Practical Dilemma And Improvement Of Pre-litigation Prosecutorial Suggestions For Administrative Public Interest Litigation

In the 1990 s,China began to explore the establishment of a public interest litigation system.In order to implement the scientific outlook on development and the concept of green development,protect social and public interests,and encourage relevant administrative organs to actively perform their supervisory and administrative duties,in 2015,China became the first country to trial a two-year public interest litigation system in 13 provinces and municipalities,with the subject set up as procuratorial organs at all levels.After receiving the procuratorial proposal,the unit is still unable to perform its duties and may bring a suit in a people’s court.The essence of the pre-litigation procuratorial proposal is the legal supervision means,urging the administrative organ to carry out its duties proactively,and exerting the function of urging the administrative organ to self-correct mistakes together with the litigation procedure.Pre-prosecution suggestions play an important role in the whole public interest litigation and help the country recover huge losses,so it is necessary to promote the further improvement of pre-prosecution suggestions.On the basis of the theory of procuratorial suggestion,this paper analyzes the current situation and problems of procuratorial suggestion in judicial practice and puts forward the corresponding solutions through the statistical analysis of administrative public interest litigation cases.In order to judge whether the administrative organ is performing its functions according to law,we should clarify the substantive examination criteria,combine the situation of public interest restoration with the administrative organ’s corrective measures,and make a comprehensive judgment to reach an objective and impartial conclusion.As a legal supervision method,the pre-litigation procuratorial proposal has rigid restriction,which is its internal demand,ensures the regularization and order of procuratorial proposal,properly invokes the law,and strengthens the rationality of the current pre-litigation procuratorial proposal.In order to conform to the idea of saving judicial resources before litigation,we should explore the mechanism of handling similar cases,and in the same field,we should take preventive measures and special measures against similar cases,so as to achieve the effect of handling such cases,radiating one piece.