On The Reform Of Administrative Prosecutorial Supervision System In China

Administrative Litigation prosecution supervision system is very small,and very large.Small is that it is only the administrative litigation system used to correct the wrong system,the opportunity to start supervision is limited.Big means that it is China's current legal system,the only one executive power,the power of trial,the power of legal supervision have the opportunity to close the system.Administrative prosecution system is very young and very old.Young refers to the system with the"Administrative Procedure Law" since the formal establishment in 1989,so far,but 28 years of history.Ancient because of the pre-Qin era of our country on the establishment of the imperial system of the prototype,the administrative power,the trial power to be supervised.At present,China's domestic economic and social development experience transformation,the procuratorial supervision system has an extremely important role in resolving administrative disputes,supervising the trial and administrative power in administrative litigation cases,protecting the legitimate rights and interests of the relative people,relieving the pressure of letters and visits,and the contradiction between the officials and the people.This article consists of four chapters.The first chapter introduces the concept of administrative litigation procuratorial supervision system,which limits the discussion area of this article.The third chapter puts forward the theoretical principle of reforming the administrative procuratorial procuratorial supervision system in our country.In the fourth chapter,on the basis of the above analysis,the third chapter puts forward the theory of the administrative procuratorial supervision and supervision system,,Put forward the concrete idea of reforming the administrative procuratorial procuratxorial supervision system in our country.The details of each chapter are explained below.The first chapter from the theoretical level will be the object and scope of the general and constraints.First of all,the basic category of the object of study is determined,and the basic connotation and corresponding characteristics of procuratorial supervision and litigation supervision are explained from the essence and basic elements of supervision,and the concept and characteristics of procuratorial supervision and prosecution are summarized.The second chapter focuses on the practical aspects of China's administrative litigation prosecution supervision system of the existing problems and causes.China's administrative litigation procuratorial supervision system,there are theoretical,legislative and practical aspects of the lack of prosecution theory is not yet maturely restricting the development of China's administrative litigation procuratorial supervision system,the upper and lower method of synonymy repeated,organizational law vacancy and slow changes,The internal connection is unclear,the Supreme People's Procuratorate and the Supreme People's Court between the judicial interpretation of conflict and other legislative issues so that administrative prosecution supervision and supervision systerm is difficult to form a clear and consistent pace.In the specific practice,because the scope of supervision is too narrow,the supervision mode is limited,the relationship between public power is not clear,the supervision information is asymmetrical,the supervision time is behind,the supervision result is difficult to connect with the job crime and the lack of supervision responsibility,so that the administrative litigation procuratorial supervision The implementation of the system is also struggling.Through the "China Law Yearbook","China Procuratorial Yearbook" statistics show that China's administrative prosecution supervision and prosecution of the complaint on the rate of filing is not low,but the proportion of protest caused by retrial is too low,resulting in a large number of protest cases can not start the retrial procedure Social contradictions nowhere to resolve.Into the retrial of the procuratorial supervision cases,the prosecution supervision of the views difficult to be fully adopted,the possibility of lower concessions.The reason for this is that the administrative procuratorial supervision and supervision in our country lacks clear target and the supervisory system of dynamic process has not yet been established.The supervisory function aiming at "correcting the wrong case" is practically difficult to realize.The third chapter is divided into two parts.First,it starts from the point of view of legal culture,legal point of view and constitutionalism,and discusses the reasons why the administrative procuratorial procuratorial supervision system should not be abolished in our country.The prosecution and supervision of litigation activities in our country since the Qin and Han Dynasties began to sprout,continued for two years,is our valuable legal tradition,should be inherited and further improved.As the legal supervisory organ to supervise the administrative litigation activities,the procuratorial organ has the constitutional basis.At the level of jurisprudence,the infinite expansion principle of the public power and the legal nature of the supervisory behavior determine the value of the administrative litigation procuratorial supervision.Then,the article puts forward the core view of this article,that is,the administrative procuratorial supervision and supervision system should supervise the objectives and supervise the administrative litigation activities.In a pair of supervised value relations,there is a phenomenon of the relationship between the value of the subject and the supervisory value object,that is,the supervisor as the main body of supervision,determines the supervisor,that is,the value of the object of supervision.In the specific supervision relationship of administrative procuratorial supervision and supervision,this means that litigation supervision should aim at the purpose of supervising the administrative litigation activities and aiming at the purpose of administrative prosecution supervision.Due to the existence of administrative litigation activities to solve administrative disputes,supervise the administrative and safeguard the interests of the relative interests of the three purposes,procuratorial supervision to ensure the purpose of administrative litigation activities to achieve the purpose and ability,and administrative litigation exist,trial,inconsistency of the unique phenomenon,In the different stages of litigation,which means that procuratorial supervision must be in full swing at all stages of administrative litigation,to distinguish between the different stages of litigation to monitor the purpose of supervision,if only as a civil action,the effective judgment,ruling or mediation Supervision,can not play the supervisory purpose discussed above,can not touch the contents of the supervision.On the basis of the reform theory of the third chapter,the fourth chapter constructs the proper form of supervision and supervision of administrative litigation.First of all,on the basis of clarifying the supervisory target of administrative litigation procuratorial supervision,the administrative procuratorial procuratorial supervision should be supervised according to law,respect the law of administrative litigation,supervise the principle of supervision in different stages,and design different opinions for different supervision links Supervision system.In the case of accepting the case,the system of compulsory court notification has been put forward,the system of filing the proposal and the system of supporting the prosecution have been put forward.The court will sue the information and the procuratorial organs in the case of accepting the case,and the procuratorial organ shall make the case on file or not put forward the case,Self-assertion".In the course of the hearing,the procuratorial organs should be allowed to supervise the trial process,provide independent opinions on the case,avoid the "supervision vacuum" in the trial,and make a request for the review of the administrative documents in order to strengthen the supervision and administrative functions.In the judgment stage,the procuratorial organs should be allowed to make changes to the referee instruments that have not yet entered into force,especially those who have a significant influence on the litigant's right to appeal,to control the complicity of the administrative litigation and the original defendant.In the implementation phase,the establishment of the procuratorial organs of the administrative organs of the normative documents to extend the objection system,so that the results of the review of the normative documents implemented,the real implementation of supervision and administration,to protect the interests of the majority of the parties concerned,in the long run to resolve the purpose of administrative disputes The At the same time,it is necessary to establish a system of supervisory responsibility and prevent the abuse of supervisory authority from being controlled.