On The Procuratorial Supervision Of The Enforcement Of Administrative Organs In China

The Prosecutorial Supervision enforced by Administrative authorities means Prosecutors, as Legal supervisory authority, have to supervise the process during which the executive authorities administration fulfill obligation. In this way people's legitimate interests not infringed is promised. In People's Republic of China, problems are still existed even "Administrative Enforcement Law" was carried out on January 1st,2012 to specify Administrative Enforcement.Problems such as the rights of Administrative Enforcement is too concentrated or the necessary censorship is not guaranteed for Administrative Enforcement and the rights for implement of Administrative Enforcement are not legal so as to lead to violate the rights of people. The prosecutorial supervision of administrative compulsory execution can enforce the effective control of administrative power, is the best way to solve the above problems. In this paper, the author summarizes the main administrative problems in the implementation of mandatory, necessity of the procuratorial supervision of its argument, then the feasibility analysis of the enforcement of administrative organs of the set of procuratorial supervision,puts forward some opinions and the enforcement of the administrative organs of our country to construct the procuratorial supervision. Apart from the introduction and epilogue, this article will be divided into three parts: The first part is the analysis of China's administrative execution problems such as compulsory enforcement, the administrative organs of our country power is too concentrated, needs the standard; China's administrative compulsory execution review system is still blank, need to set the procuratorial supervision of its to compensate for the lack of; then as the administrative enforcement process to the relative the lack of procedural rights. On the basis of the analysis, proved the necessity of constructing the system of procuratorial supervision of administrative compulsory execution.The second part will analyze the possibility of building supervision of Administrative Enforcement. First building supervision system of Administrative authorities enforcement will be proved to be feasible. Second the value of building supervision system by learning from experience of other countries will be summarized. Finally the superiority of supervision system will be reflected to prove the possibility of supervision of building Administrative Enforcement.The third part will come up with some ideas for building the supervision system for Administrative Enforcement. The specific ideas will be proposed from prospect of mainly principle of supervision system, the duty of supervision, the range of supervision, the management mode and design of supervision.