行政公益诉讼检察建议公开的设想提出是以行政公益诉讼自试点至全面实施六年来呈现出的“以诉前检察建议解决为主，以提起诉讼为辅”的案件解决模式特点为前提，加以调研发现行政公益诉讼制度运行中暴露出的短板，从而提出以检察建议公开促进行政公益诉讼的完善的解决方案。以期通过理论分析和实证分析，总结目前制度运行中存在的问题，提出建立公开的制度所面临的挑战，进一步为行政公益诉讼检察建议公开架构具体的制度。希望能通过行政公益诉讼检察建议公开的设想促进原制度的开展更加高效和有力。

     行政公益诉讼至今已运行六年，不论是试点还是全面推广都证明了其具有重要意义，为保护国家利益和社会利益作出了巨大的贡献。作为“年轻”的一项诉讼制度，行政公益诉讼在理论界和实务界也受到了热烈关注，笔者从实践角度进行了研究，发现在权力运行、案件涉及问题的多样性和专业性、行政公益诉讼涉及主体出现了漏洞和短板，例如事后监督落实不到位、检察建议专业度不够等问题。

     行政公益诉讼检察建议公开的设想是了为行政公益诉讼更好地保护社会与国家利益，通过加强外部力量的监督，使检察机关和行政机关在行政公益诉讼参与中更加规范自身行为，发挥行政公益诉讼检察建议在节约司法资源、提升检察建议刚性、最大化实现国家和社会利益不受损的作用。

     本文通过对行政公益诉讼检察建议的相关概念和法律定性进行了问题研究的基础定位。通过结合自身本科和研究生阶段所学知识，从理论方面论述了行政公益诉讼检察建议公开的价值和理论、社会基础，为制度的建构提供了基础的哲学和法学理论。

    笔者为了更有力地说明行政公益诉讼检察建议公开具有可行性和必要性，通过对 A 市的实地调研，通过收集检察建议文书的方式，得到 2018-2020 年行政公益诉讼检察建议 文书共734份，对这部分文书进行了数据分析和问题研究，发现在实际工作过程中，存在着时效设定僵硬、检察人员缺乏相关专业知识、检察建议内容空洞、制发质量和数量两极分化严重等情形。并结合与当地检察机关工作人员的访谈情况，为行政公益诉讼检察建议能够公开进行了具体的运行机制的建构。 

The proposal of open procuratorial suggestions of administrative public interest litigation is on the premise that the case resolution follows the model that “taking pre-litigation procuratorial suggestion as the main solution, and regarding filing a lawsuit as the secondary solution”, which is highlighted during the six years when administrative public interest litigation grew from a pilot program to the stage of full implementation. Also, considering the shortcomings exposed when studying this topic, the solution of open procuratorial suggestions has been proposed to better implement the administrative public interest litigations. Through theoretical and empirical analysis, the existed issues of current system are summarized and the challenges for establishing an open system are put forward, so as to further elaborate on the specific mechanism of open procuratorial suggestions of administrative public interest litigation. It is hoped that this proposal can promote the efficient and effective implementation of the original system.

The administrative public interest litigation has been implemented for six years. No matter in its pilot phase or full implementation stage, its significance has been proved in terms of making great contributions in protecting national and social interest. As a “young” litigation system, the administrative public litigation has drawn much attention in the theoretical and practical circles. The issues occurred during the practical operation process have been studied and it is discovered that there are some loopholes and shortcomings in the operation of power, the diversity and professionalism of issues in the cases, and other issues related to the subjects of the administrative public interest litigations, for example inadequate post-event supervision, lack of professionalism in giving procuratorial suggestions, etc.

The goal of proposing the open procuratorial suggestions of administrative public interest litigation is to make such litigations a better way to protect social and national interests. By strengthening external supervisions, the procuratorial and administrative organs can standardize what they do when participating administrative public interest litigations. The functions that administrative public interest litigation can save judicial resources, improve the reliability of procuratorial suggestions, and maximize national and social benefits should be given full play.

Based on relevant concepts and legal definitions of administrative public interest litigation, this paper has basically defined the issues studied. By combining the knowledge acquired during the undergraduate and graduate programs, the value, theories, and social foundations of open procuratorial suggestions of administrative public interest litigations have been demonstrated from the theoretical perspective, which has provided fundamental philosophy and legal theory for establishing the system.

To further prove the feasibility and necessity of open procuratorial suggestions of administrative public interest litigation, the author has performed field research in A city. Through collecting the documents of procuratorial suggestion, a total of 734 files of procuratorial suggestions of administrative public interest litigation during 2018 to 2020 has been obtained. The data of these files have been analyzed and the issues within have been studied. It is found that in real practice, the time limit is sometimes not flexible enough, or the procuratorial personnel may lack relevant professional knowledge, the suggestions may be meaningful and unhelpful, and there may be great imbalance between the quality and quantity. Furthermore, interviews have been carried out among local procuratorial staff to bring some practical reference in constructing the mechanism of open procuratorial suggestions of administrative public interest litigation.