行政公益诉讼诉前检察建议之完善

The Perfection of the Suggestion of Administrative Public Interest Litigation before Prosecution

司法实践中,诉前检察建议在制发的整个过程中面临事前沟通机制不完善、具体内容不规范、跟进制度不健全的现实困境,究其原因是其与诉前程序的制度逻辑失恰。因此,为实现诉前程序独特的制度设计,针对问题提出相应的优化路径:明确事前沟通依据,促进平等磋商;统一具体内容,厘清内涵和标准;健全跟进制度,划清权力边界。

In judicial practice,the suggestion of pre-prosecution is confronted with the practical dilemma of imperfect communication mechanism,non-standard specific content,and imperfect follow-up system in the whole process of making and issuing.The reason is that the system logic of pre-prosecution procedure is not right.Therefore,in order to realize the unique system design of pre-litigation procedure,the corresponding optimization path is proposed for the problems:clarifying the basis of prior communication to promote equal consultation;Unifying the concrete content as well as clarifying the connotation and the standard;improving the follow-up system and making clear the boundaries of power.