河北法学2024，Vol.42Issue(7)：32-49,18.DOI:10.16494/j.cnki.1002-3933.2024.07.003
行政公益诉讼诉前检察建议与诉讼请求关系研究
Research on the Relationship between Administrative Public Interest Litigation Pre-litigation Procuratorial Suggestions and Litigation Claims
摘要
Abstract
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.关键词
行政公益诉讼/依法履职/诉前检察建议/诉讼请求/衔接Key words
administrative public interest litigation/performing duty according to law/pre-litigation procuratorial suggestions/litigation claims/connection分类
社会科学引用本文复制引用
杨雅妮..行政公益诉讼诉前检察建议与诉讼请求关系研究[J].河北法学,2024,42(7):32-49,18.基金项目
2021年度国家社科基金西部项目"检察机关办理公益诉讼案件民行刑衔接机制研究"(21XFX015) （21XFX015）
2023年度甘肃省科技计划资助项目"黄河流域生态保护司法协同机制研究"(23JRZA372). （23JRZA372）
