Research on the Pre-Litigation Procuratorial Suggestion of Administrative Public Interest Litigation in China

Abstract

In July 2015, the Standing Committee of the National People's Congress formally authorized the Supreme People's Procuratorate to carry out administrative public interest litigation pilot work in Beijing, Shandong, Jiangsu and other regions. Two years later, the Standing Committee of the National People's Congress decided to write the administrative public interest litigation system into the Administrative Procedure Law, and since then the administrative public interest litigation has formally become a binding legal system. In October 2019, the Supreme People's Procuratorate decided to solve more public welfare problems before litigation as a new direction of work. Compared with some foreign countries, China's administrative public interest litigation system is not yet mature, in-depth research, provisions are not clear, as an important part of the system, there are also many problems in the pre-litigation procuratorial suggestions. In order to ensure the effective implementation of the procuratorial suggestion before the prosecution, to play its legislative role, and to safeguard the public interest from a more powerful perspective of the procuratorial organs, this paper will theoretically analyze the connotation, characteristics and principles of the procuratorial suggestion, and find out the problems in the implementation from the reality, and put forward the author's suggestions.