The Positioning of Pre-litigation Procuratorial Suggestions in China’s Administrative Public Interest Litigation

DOI

10.2991/assehr.k.220401.163How to use a DOI?

Keywords

administrative public interest litigation; pre-litigation procedure; procuratorial suggestion

Abstract

As a separate type of procuratorial suggestion pre-litigation procuratorial suggestions in administrative public interest litigation is a specific way for procuratorial organs to exercise the constitutional right of legal supervision. Prosecutorial Suggestions have the nature of legal supervision. Clarifying the positioning of pre-litigation Procuratorial Suggestions can not only ensure that procuratorial organs exercise legal supervision over administrative organs, but also prevent judicial power from interfering excessively with administrative power. At the same time, the Procuratorial Suggestions is the unity of procedural and substantive. Procedurally speaking, Procuratorial Suggestions are the power of procuratorial organs to initiate administrative relief procedures. Substantially, the contents of procuratorial suggestions are substantive and specific, and administrative organs should perform their duties according to the requirements of procuratorial suggestions. The agency will initiate proceedings on the grounds that the administrative agency does not fulfill the procuratorial suggestions.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

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TY  - CONF
AU  - Wenwei Han
PY  - 2022
DA  - 2022/04/08
TI  - The Positioning of Pre-litigation Procuratorial Suggestions in China’s Administrative Public Interest Litigation
BT  - Proceedings of the 2022 International Conference on Social Sciences and Humanities and Arts (SSHA 2022)
PB  - Atlantis Press
SP  - 847
EP  - 850
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220401.163
DO  - 10.2991/assehr.k.220401.163
ID  - Han2022
ER  -