The Improper Intervention Of Procuratorial Power To Executive Power In The Procuratorial Suggestion Of Pre-litigation Procedure

In administrative public interest litigation,the procuratorial organs put forward procuratorial suggestions and urge the administrative organs to perform their duties in accordance with the law,which not only realizes the protection of national interests and social public interests at the level of institutional purposes,but also realizes the realization of the procuratorial organs in specific situations.Supervision of responsibilities.The procuratorial power uses the means of procuratorial suggestions to supervise administrative agencies that have been identified as infringing public interests and neglecting to protect public interests after going through investigation and evidence collection,internal procedures,and a series of internal procedures such as investigation and evidence collection.For administrative organs,receiving procuratorial suggestions has two impacts.On the one hand,the performance of duties and the status of performance of administrative organs are adversely characterized by legal supervision organs;on the other hand,the daily performance status of administrative organs is affected.An ongoing administrative action may require suspension,termination,change,or a decision to make a new administrative action.The administrative organ has a new obligation after facing the procuratorial suggestion,which is to respond to the suggestion received.Those who approve the content of the procuratorial suggestions should perform their duties and respond,and those who do not approve should also explain and reply,but they should not be ignored,otherwise the administrative organ will be a subject that refuses to supervise.The effect of procuratorial suggestions on administrative organs is thus clear.This paper characterizes the influence of procuratorial power on administrative power as "intervention".It constitutes a kind of supervision for the administrative organs that received the procuratorial suggestions.This kind of supervision is not as absolute as a court judgment,but is still in the pre-litigation stage.Indirectly promote the performance of executive power.There is a limit to intervention.Reasonable intervention can ensure the protection of public interests,while unreasonable intervention will strengthen the tension within state power.Through the analysis of the procuratorial suggestion text,the improper intervention of the procuratorial power in the administrative power can be classified.Under the background that the pre-litigation procedure has ended the vast majority of administrative public interest litigation cases,the important institutional status of the pre-litigation procedural procuratorial advice has become more prominent,and the problem of “inappropriate interference of the procuratorial power with the administrative power” presented by the pre-litigation procedural procuratorial suggestion has become more and more obvious.The specific manifestation is the uncertainty of the content of the procuratorial recommendations in the process of system practice.Some of them are too specific,and there is suspicion that the procuratorial power will make professional judgments on behalf of the administrative power.Some of them are too broad,which may affect the realization of the purpose of the system and cause subsequent prosecutions During the process,the identification standards of the procuratorate and administrative organs were different.Whether it is an overly broad procuratorial suggestion or an overly specific procuratorial suggestion,through the analysis of its formation process and mode of action,it all constitutes an impact on the performance of administrative organs.Such improper intervention is mainly reflected in the intervention of the procuratorial power in the administrative discretion,the intervention in the decision-making process of administrative activities,and the intervention in the administrative professional field by the rectification period.There are two reasons for improper intervention.One is the theoretical level,the nature of the pre-litigation procedural procuratorial recommendation as a legal supervision authority is not clear enough,and the other is the normative level,which lacks a rigid guarantee of effectiveness and does not match the institutional attributes of administrative public interest litigation relief..The nature of legal supervision should be used as the anchor for system optimization,and the breadth,depth,and intensity of procuratorial suggestion supervision and supervision of administrative organs should be clarified,and rigid institutional support should be used as the guarantee to standardize the formulation,response,and implementation of procuratorial suggestions.