论检察机关提起行政公益诉讼的“诉前程序”

On the Pre-suit Procedure of Administrative Public Interest Litigation Initiated by Procuratorial Organs

通过两年的试点,《行政诉讼法》正式明确将检察机关提起行政公益诉讼写入法律之中,并将诉前程序作为检察机关提起行政公益诉讼的前置程序、必经程序。但仍需要对诉前程序的选择运用、检察建议的内容、行政机关自我纠错的程度以及少数特殊案件的诉前程序进行明确,以指导司法实践。

After two years of piloting, the administrative public interest litigation initiated by the procuratorial organs has been formally and explicitly included in the Administrative Procedure Law, and the pre-litigation procedure is regarded as the front and necessary procedure. However, it is still necessary to clearly define the type of pre-suit proceedings, the content of procuratorial recommendations, the degree of self-correction of administrative organs, and some special cases' pre-suit procedures.