On Procuratorial Supervision Over Economic Administrative Power

The focus of this dissertation is the procuratorial supervision in the filed of economical administration. With the social transformation, the contradictions between the official and the civilian have been intensified and become an important factor that impacts the social stability and economical development a lot. However, the origin of social contradictions is not the fast development of economy but the rapid polarization between the rich and the poor which resulted from the unbalanced distribution of interests. Therefore it is irrelevant to strengthen the balances of government power for the misuse of power. The constitution endows the procuratorate organ with the procuratorial supervision of public power. If the essential value of law-namely the regulation of interests-is departed, then any execution or supervision would degenerate into a game of self-appreciation. Hence, from the viewpoint of interest equity, the author of this dissertation attempts to study the institution of procuratorial supervision of economic administrative power theoretically in the light of the practice.In chapter one, the institution of economic administrative power would be outlined in accordance with what it should be. Its constitutive motivation, logical structure, authoritative subject, authoritative conduct, legislative duty and so on are involved. Actually, the aim is to explain why and how the procuratorate organ should supervise the economic administrative power.In chapter two, the author introduces the general theory of he procuratorial supervision of economical administrative power. At first, the institution of procuratorial supervision of economic administrative power is traced through considering those relevant historical institutions. Firstly, the institution of Taijian in ancient China is reviewed. Secondly, the modern western institutions of the supervision on administrative power are compared to elucidate the idea that the prosecution is used as the intermedium and counterbalance to counterpoise powers. Finally, the institutions of the supervision on administrative power in those former socialist countries also have been explored. Since their national character, ideology and organizational institutions follow the former USSR, their principles, manners and ideas of prosecution have considerable contrastive and reference value. In the second section the author puts forward to a new conception of the procuratorial supervision of economic administrative power. Here not only the intrinsic mechanism between the procuratorial supervision and the balance of interests but also the function of balance of this kind of supervision are analyzed in particular by some basic conceptions of legal economics. Then in chapter three the author makes further efforts to demonstrate the balance principle of the procuratorial supervision of economic administrative power. And he also creatively raises such conceptions of philosophy of right as plain justice etc in support of the relevant institutional construction.Therefore the author continues to study the specific system of procuratorial supervision of economic administrative power from chapter four. In his view, administrative counterappeal is the only supervise of action at present which is relatively provided with explicit legal basis and works maturely. And he assumes the system of survey and treatment of procuratorial work in a creative way according to some current practices. In chapter five the author argues the civil suing for supervision and Urging of Civil Prosecution is a new mechanism of procuratorial supervision of economic administrative power from the point of the state and public remedies for interests. In his opinion although the procuratorate organs can bring civil action aiming at the damage of public interests such as the loss of state assets, this kind of supervision can act as a kind of public power relief to the common interests of the state and society and a public authority supervision to some departments of economic administration which do not perform or just keep a slack hand on their duties as well. Then in chapter six the author begins with the institution of constitutionalism and the position of procuratorial powers in China and compares them with the administrative public prosecution in western countries to emphasize the judicial supervision attribute of administrative public prosecution in China. Here some specific projects of procedure haven't been discussed in details because this institution is just a kind of theoretical exploration now. The demonstration of chapter eight focuses on procuratorial supervision of the economic administrative powers which has been a hot spot in the reform of judicial system. Here the author presents some argumentation for the specific construction of the system of remedies of opposition procedure based on the exact definition of the attribute of executive powers. And in chapter eight the author analyzes the rationality and validity of this non-litigious manner of supervision empirically in accordance with the practical mechanism of the information bank system of administrative law and unified complaint and report platform of administrative executive The last chapter is devoted to the perfection of the procuratorial supervision of economical administrative power. Whereas it subordinates to the higher concept of procuratorial supervision, it is considered from the unified legislation of the latter. The consideration involves exploring the judicial order, analyzing the real background of legislation of procuratorial supervision, accounting for the urgent legislative question in practice. Then, the basic principle and the exemplary mode for the unified legislation of procuratorial supervision could be brought forward. As to the procuratorial supervision of economic administrative power, its object and range, purview and guarantee, mechanism and procedure, etc are discussed accordingly in the end of this dissertation.