중국검찰의 행정공익소송에서의 검찰건의에 관한 연구 - 2년(2015.7.1-2017.6.30)의 시행을 중심으로 -

Abstract

In 2015, the Standing Committee of the National People's Congress adopted “Decision on authorizing the Supreme People's Procuratorate to carry out the pilot work of public interest litigation in some areas”. At this point, the administrative public interest litigation pilot work of procuratorial organs was officially launched. Subsequently, the Supreme People's Procuratorate developed a series of relevant provisions and promoted the development of administrative public interest litigation system. Two years of pilot work makes the administrative public interest litigation has achieved good results and procuratorial suggestion has played an active role in protecting public interests and correcting the illegal activities of administrative organs. 75.4% of the administrative public interest litigation cases are closed in the form of procuratorial suggestion. It not only protects the ecological environment and state-owned assets, but also saves the limited judicial resources and promotes the administration according to law. In 2017, the Standing Committee of the National People's Congress amended the Administrative Litigation Law to increase the provisions of the administrative public interest litigation and formally introduced the public interest litigation system. To further improve the procuratorial proposal and the institutionalization of administrative public interest litigation will be the problem that Chinese procuratorial organs need to face and solve.