Research On Administration Public Prosecution System

At present, administrative public prosecution in China is still just an academic concept. Our country has not established administrative public prosecution system. However, with the expansion of executive power, administrative subjects' illegal administrative act or omission infringe public interest more and more frequently and seriously. Because of the Administrative Procedure Law of the People's Republic of China is defective, when public interests are being violated by illegal administrative act or omission, it cannot get the judicial relief and protection. To remedy the defects, establishing administrative public system is the most appropriate choice.Establishing administrative public prosecution system is not only the need of supervising and restraining administrative power, but also the need of safeguarding public interests. Modern litigation theory, power balance theory and legal supervision theory provides a theoretical basis for establishing administrative public prosecution system. Besides, foreign legislation practice provides experience and reference. Administrative public prosecution is the core of the Administration Public Prosecution System, and its reasonable power allocation is the key to building administrative public prosecution system. Administrative public prosecution system's establishment cannot leave the perfect, reasonable program structure. The basic principles of the administrative prosecution exist in all phases of the administrative public system; it has important guiding and constraint function. Clearly define the scope of accepting cases of administrative prosecution to make administrative prosecution goal smooth realization. The basic procedures of administrative public prosecution system shall include the procedure before litigation, trial procedure, and Executive procedures.