Study On The Basic Problems Of Administrative Procuratorial Power

Executive power is the important power in the three State powers, judging from the administrativestatus of the rule of law, there are many powers cannot be very good regulation, slow the process ofbuilding the rule of law, administrative powers abuse is widespread. Specific to the administrativeprocedure, although legislation explicitly provides for citizens to sue the executive authorities, to safeguardtheir rights, but executive power of inherent strength, ease of expansion, of freedom and law of hysteresis,narrow, for the vast majority of people, is also difficult to safeguard rights of the powers of administrativelitigation. Therefore, the executive powers of supervision and can’t wait, so by procuratorial organs onadministrative prosecution of procuratorial supervision over the activities of administrative litigation rightcame into being. Given currently world on administrative procuratorial right of research almost rarelyinvolved, related theory is poor, so, this article has unique of administrative procuratorial right of defined,first on administrative procuratorial right has has a accurate of positioning, administrative procuratorialpower is defined as: the implementation of the name of the country’s procuratorial organs, people’s court,the parties and other litigation participants in compliance with the national Constitution and laws, as well asthe specific unlawful administrative acts to implement the supervision of a power. Administrativeprocuratorial power is both an important part of administrative prosecution system in China, is also aconcrete manifestation of the procuratorial system in administrative courts and utilized.This article is divided into four parts, the four parts belong to the administrative areas of basicproblems of prosecutorial power. This article through the Executive Overview of the procuratorial power,introduced the concept of administrative procuratorial power, characteristics, principles and significance ofexecutive power to run and requires the existence of prosecutorial power in administration by law, exist notonly in favour of regulating administrative powers of the procuratorial power, safeguard citizens’ powers isalso conducive to safeguarding judicial justice, and create a favorable market environment. However theChief prosecutorial power is not of dissections, is a profound theoretical basis, power balance theory,Lenin’s thought of legal supervision, the people’s democratic dictatorship theory and the theory of thepeople’s Congress system, for the procuratorial power provides a strong theoretical support. However, we must be all-round, multi-angle study administrative procuratorial powers, especially to draw on outsideadministrative procuratorial power research, English common law, civil law and Socialist state of the studyon prosecutorial power for our executive development of procuratorial power provided a good model.Administrative building of the procuratorial power in China is the core content of this article, where is theend result and highlights of this article. Currently, in China administrative procuratorial right of researchalso is poor, administrative procuratorial system also exists with system sexual of defects, to led to thepower operation of status with by hosted of function far from, on in China of administrative action legalsupervision of theory and practice for objective rational to analysis, made meet modern rule of law conceptof reform thought, and according to this on in China administrative procuratorial right for transformationand heavy frame has is imminent. Therefore, we should learn from foreign administrative procuratorialpower on the basis of the theory, reasonable administrative procuratorial powers. This combined with theirown unique creative ideas, propose an administrative building of the procuratorial power vision, from howto improve construction and administrative counterappeal right, the right to right of public prosecution, thepublic prosecutor’s recommendation, Executive implementation of supervisory authority and the right toparticipate in the administrative procedure of the five regard enriches the procuratorial power, that existsfor these specific content and made a perfect strategy.Hope that through the study of the problem of this article can provide administrative procuratorialtheoretical basis for this new set of topics provides reference, trying to build a more sophisticatedadministrative system of procuratorial power, so as to promote the development of administrative litigation,and better address the realities existing in administrative disputes.