行政公益诉讼诉前检察建议与诉讼请求关系研究OA北大核心CHSSCDCSSCI

Correctly defining the relationship between pre-litigation procuratorial recommendations and litigation claims is an inevitable requirement for clarifying the relationship between pre-litigation procedures and litigation procedures and improving the administrative public interest litigation system.At this stage,Article 75 of the Rules for Public Interest Litigation of the People's Procuratorate has stipulated the relationship between pre-litigation procuratorial recommendations and claims as a"consistent"relationship,due to the vague legal provisions and lagging theoretical research,whether the theoretical and practical circles are completely consistent with the purposes of the two,and whether the accuracy of the two is the problems of complete equivalence and how to understand the logical cohesion of the two are not consistent,which seriously affects the standardisation of the judiciary.To this end,the purpose theory,legal supervision theory and the theory of the relationship between pre-litigation procedure and litigation procedure should be used as the basis,and the purpose,the purpose,accuracy and logical relationship between the two should be analysed in an all-round way from the perspective of the purpose of the procedure,the legal function of the procuratorial organ,and the relationship between the pre-litigation procedure and the litigation procedure.