行政公益诉讼诉前磋商机制

Pre-litigation Consultation Mechanism for Administrative Public Interest Litigation

自新行政诉讼法全面实施以来,行政公益诉讼案件数量大幅增长,案件类型日益丰富,现行法律规定以制发检察建议这种单一方式督促行政机关履职的诉前程序设定难以满足现实发展需要,亟待完善。引入诉前磋商机制是对制发检察建议单一路径的补充,丰富了诉前程序的结案类型。依据案件类别与情节轻重的不同,采取相应的诉前程序,使得一部分案件可以通过诉前磋商机制解决,弥补了检察建议的局限性,充分发挥出诉前程序的辅助功能,及时督促行政机关纠错和履职,极大减轻检察机关与相关行政机关的对抗情绪,节约公共资源投入,形成共同保护公共利益的合力。

The full implementation of Administrative Procedure Law of the People's Republic of China(2017 Amendment)has led to a significant increase in both the number of administrative public interest litigation cases and the variety of case types.The existing pre-litigation proceedings under the Administrative Litigation Law to urge administrative authorities to perform their duties by issuance of prosecutorial recommendations can hardly meet the needs of real-world development,and hence the pre-litigation proceedings need to be redesigned and improved urgently.The inclusion of consultation mechanisms in the pre-litigation process is a supplement to the mode of issuing prosecutorial recommendations and enriches the types of cases concluded through the pre-litigation process.According to the different types and the seriousness of the cases,to take the corresponding pre-litigation procedures,so that part of the case can be resolved through pre-litigation consultation mechanism,to make up for the limitations of the prosecutorial recommendations,and it can give full play to the auxiliary function of pre-litigation procedures,timely supervision of the administrative departments to correct errors and fulfill their responsibilities.In this way,the confrontation between the prosecutors and the executive branch is greatly reduced,the public resources are saved,and a joint effort to protect the public interest is formed.