Research On Chinese Administrative Procuratorial System

There have been various institutions to supervise administrative power in China's existing legal system, while not only with flaws in every single supervision institution, but also vacancies under the whole system. Since18th. National Congress of the Communist Party of China proposed to accelerate the progress of construction of rule of law, to fulfill the goal of administration according to law, it is increasingly important that to improve supervision system of administrative power. It is universal that to establish a control or supervise mode according to one nation's ideology, tradition, political realm and other specific conditions all around the world. On consideration of such experiences, reports of the3rd. Plenary Session of the18th. National Congress of the Communist Party of China pointed out that it is only way to realize the dream of rejuvenation of Chinese nation that stick to rule of law, and administration according to law is key to this long journey. Hence, it is essential to explore China's administrative procuratorial system and improve it, to keep pace with the time being. To initiate this reform progress, there would involve amending judicial institutions and constitutive laws of procuracy, which relates to reform of procuracy and theoretical research in this field.Constitution authorizes the procuracy to execute the supervision power, which provides constitutional ground for procuratorial supervision on administration. To fulfill this constitutional duty and protect interests of nation and public, to prevent loss of nation's assets, the procuracy actively brings suits against administration not only applying rules of administrative procedural law, but also applying administrative law, combine execution of law and criminal procedures, in order to urge administration to fulfill its duty, prevent loss of nation's assets. By various exploration in practice, thousands of supervision cases have been solved other than by judicial procedures, those cases received extraordinary social effects, protected people's interests and promote construction of rule of law greatly, which strengthen authority of the procuracy. As results of those cases'political and social influences, there have been31provincial People's Congresses issued local legal documents to support such exploration as well as local Party committees. Under these circumstances, it is necessary to explore theoretical rules and summarize experiences on basis of existing research and practice, especially to push reforms of legislatures forward in procedural rules, to enhance pertinency and feasibility, and accomplish supporting systems. This paper intends to analyze practices and theories of procuratorial supervision on administration, and offer some advice on legislature.Section ?:Basic Theories of Procuratorial Supervision on AdministrationThis part focused on basic theoretical topics. It starts from definition of procuratorial supervision on administration in China. Then historical analysis would reveal the necessity to control and supervise administrative power. In the end, comparative analysis among Anglo-Saxon law system, Continental Law system and laws in Soviet Union and Russia would demonstrate the rules to select a mode according to one nation's situation, which is procuratorial supervision in China.Section ?:Legality of Procuratorial Supervision on AdministrationHistorical traces of censor supervisory system in ancient China as well as modern procuratorial supervision system would reveal legal traditions for modern China. On grounds of history, procuratorial supervision on administration earns its legality in various ways:first of all, its practical effects prove its feasibility to conquer flaws in existing system. Secondly, to explore connotation of procuratorial power by dialect methods and jurisprudential analysis, it has solid ground from constitution and principles of laws. Thirdly, this part clarifies its practical valuc?Section ?:An Empirical Study on Procuratorial Supervision on Administration in ChinaThis part analyzes practices of procuratorial supervision from empirical angle. Data and cases gathered all over the country would show vivid picture in the field:first, they showed a comprehensive picture of prosecution initiated by the procuracy. Second, other than judicial procedures, the procuracy has launched campaigns of institutional innovations in social management, promotion of administration according to law and other supervision on administration, including:supervision on fully performance of administrative duty, prevent loss of nation's assents, combine execute of law with criminal judicial procedures. Those efforts have earned supports from local People's Congresses and local Party's committees. Thirdly, the organization of supervision offices in procuracy is analyzed in empirical way. Fourth, problems would be summarized, in order to point out causes, which constraints development of institutions of procuratorial supervision on administration.Section ?:to Improve Procuratorial Supervision on Administration in ChinaThis part demonstrates necessity to develop institutions of procuratorial supervision on administration. On basis of analysis above, this paper aims to explore some institutional innovation to improve existing systems. For example, authorization by law, separation of supervision offices, supervision on open-government, mechanism of follow-through the procuratorial advice, supervision on abstract administration, enhance independence of procuratorial power and strengthen self-constraint of procuracy.