Research On Administrative Procuratorial Censor In The Context Of Judicial Reform

As a legal supervision system,administrative procuratorial censor has unique advantages in filling and integrating the administrative legal supervision system,protecting the public interest of the state and society,and safeguarding the basic rights of citizens.It should be based on the constitutional status of the procuratorial organs,and from the logic system of legal supervision and the development perspective to reconsider the administrative procuratorial censor.From the perspective of administrative legal supervision,the thesis studies the historical development,the status quo,the legal and theoretical basis,the background of the reform and the existing problems of administrative procuratorial censor.On this basis,the paper discusses the establishment,operation and complete mechanism of the administrative procuratorial censor in the context of judicial reform.Administrative procuratorial censor means the legal supervision activities that the procuratorial organs supervise and correct the illegal acts committed by administrative subjects in public administrative activities.They belong to the administrative legal supervision system,and the fundamental goal of this censor is maintaining the unified and correct implementation of the constitutional law.The main purpose is to supervise the public power and protect the basic rights of citizens.the basic system of administrative procuratorial censor includes administrative law enforcement procuratorial censor,administrative compulsory measures procuratoria censor,abstract administrative activities procuratorial censor,the cohesion of bothadministrative law enforcement and criminal justice(hereinafter referred to as the convergence of the two laws),administrative public interest litigation.Since the 18 th National Congress of the CPC,the party and the state have impromved the system of power supervision and control,removed the defects of the original system and mechanism,explored the establishment the administrative public interest litigation sued by the procuratorial organs,comprehensively deepened the reform of state institutions,established a new state supervisory institute,and reorganized the judicial administrative department,integrated the corruption and administrative legal power,strengthened external supervision over the exercise of public power,and achieved certain results.However,the illegal problems existing in our government are still very prominent.The traditional administrative legal supervision system is still not perfect.The scope of supervision of administrative public interest litigation is limited to specific specific issues and public areas,and the supervision method is single.The national supervision system mainly focuses on public officials' corruption acts.The supervision of law enforcement supervision and efficiency monitoring of the administrative organs is insufficient.So,it is necessary to explore and improve the administrative procuratorial censor.Administrative procuratorial censor has both the nature of legal supervision and judicial supervision.The Constitution,the Organization Law of the People's Procuratorates,the Administrative Litigation Law,the Police Law,the Public Security Administration Punishment Law,and other administrative regulations,rules and other normative documents formulated by the central and local governments are administrative inspections Provide certain policy support and actual law basis for the administrative procuratorial censor.Theories such as check and balance of power,legal supervision,and supervision of administration provide a legal basis for administrative procuratorial censor.In practice,the procuratorial organs at all levels represented by the Shanghai procuratorate have participated in supervising the phenomenon of inaction and chaos of the administrative organs by " the convergence of the two laws",urged prosecution,administrative law enforcement procuratorial,administrative public interest litigation,and procuratorial suggestions.Exploring the working mechanism of clue discovering,case reviewing,case handling,and other safeguarding innovation mechanism.Not only urges and corrects specific administrative actions,but also urges and corrects abstract administrative actions,and has accumulated useful work experience foradministrative procuratorial censor.However,there are many problems plagueding the exploration and practice of administrative procuratorial censor,for example,direct legal basis is not sufficient,the scope of the object is not clear,the method and procedure is not standardized,the consequences of responsibility are not clear,and the supporting mechanism is not perfect,etc.In order to explore and improve administrative procuratorial censor in the context of judicial reform,power allocation should be strengthened from the perspective of power decision-making ability and power discipline ability,and should follow the principles of statutory power,public welfare superiority,judicial modesty,unification of prosecution,and due process.With the the Organization Law of the People's Procuratorates as the core law,"the Administrative Procedure Law" and "the Legal Supervision Law" as the main laws,the Police Law,Administrative Punishment Law,Administrative Enforcement Law and other departmental laws are the specific laws,Administrative Procedure Law and Administrative Reconsideration Law are connected laws,and "the Administrative Prosecutorial Supervision Rules" is used as the operating rules to construct a multi-level and systematic legal norm system of the administrative procuratorial censor.The object of the administrative procuratorial censor is mainly focused on the people and supplemented on the officials.The scope of the administrative procuratorial censor focuses on administrative punishment,administrative licensing,administrative compulsory,and other areas closely related to public interests and civil rights.It is mainly based on specific administrative actions,otherwise the abstract administrative actions.Legality examination is the main factor,rationality examination is the supplemented factor,and the principle of “discovering clue in the procuratorial case” is adhered to.In terms of procedures,it establishes a case-based judicial method,and establishes a series of working procedures such as clue transfer,acceptance review,investigation and verification,suggestion processing,and supervision review.The manner and effectiveness of administrative procuratorial censor shall be consistent with the degree of violation of the administrative offences.A variety of measures are combined and given different effects like procuratorial suggestions,similar-case problem notifications,pre-trial warrants,injunctions,administrative public interest litigation,support for citizen prosecution,prosecutorial advice for punishment,etc.Since the administrative procuratorial power is a procedural and suggestive supervisory power,it must resort to the legislative,administrative,judicial,andsupervisory powers to achieve the entity's supervisory effects.To improve the administrative procuratorial censor,it is necessary to do a good job in the connection between administrative procuratorial and NPC legal supervision,supervisory commissions' supervision and administrative litigation supervision,administrative reconsideration supervision,and public supervision and press supervision,and grasp the power boundary,implement the interoperability of supervisory powers.As a result,the administrative procuratorial censor will construct a administrative legal supervision system characterized by internal and external integration,upper and lower supporting and criss-crossing under the leadership of the CPC.