The Property, Function Of The Procuratorial Supervision Over Administrative Proceedings And The Improvement Of System

The procuratorial supervision over administrative proceedings is a new task for China. There are different public opinions on the property of the procuratorial supervision over administrative proceedings among educational circles, and it doesn't get the identical view up to now. In the process of carrying out judicature, the procuratorial organ and the court have different perspectives on the procuratorial supervision over administrative proceedings so as to restrict to the function developing of the procuratorial supervision over administrative proceedings; The legislators also have imitation views on it, which weakens the effect of the procuratorial supervision over administrative proceedings.In the process of theory studying and system designing on the procuratorial supervision over administrative proceedings, we have to differentiate the property of the procuratorial supervision over administrative proceedings firstly: In the concept of modern judicature, the judicature enforces the law in litigation , considering the position of the procuratorial authority in the organs of legal supervision in constitutional government, We hold that the property of the procuratorial supervision over administrative proceedings is the right of judicial supervision and the unity of judicial nature and legal supervisory property. Therefore, we also deduces the functions of the procuratorial supervision over administrative proceedings: legal supervision, checks and balances, safeguard for human rights. And we differentiates between the property and the function of the procuratorial supervision over administrative proceedings. We can recognize that the defects of the procuratorial supervision over administrative proceedings is the less bestowed rights of procuratorial supervision and can't supervise the administrative proceeding. Thus, it is necessary to bestow the procuratorial organ some relevant rights to supervise the administrative proceeding with comprehensiveness and overall process, so that it will perfect and improve the relevant systems of the procuratorial supervision over administrative proceedings, which can bring into play the effect of procuratorial organ in construction of harmonious society.