Research On Administration Public Prosecution System

The restriction and balance of power is the soul of democratic constitution politics. Non-restriction power will result in despotism and corruption. That is a forever principle for democratic constitution politics. There are many reasonless performance in China present administration lawsuit system. Although the present legislation and justice emphasize protection to single civics legal right, lag in constitution system and public right. Based on those problems, this paper emphasized in discussion our state's administration public prosecution system. Concretely speaking, administration public prosecution is a system that some state organ who employs state public lawsuit function with representative of state and society benefit ask court hear and judge administration principal's commission to public benefits. There is difference in lawsuit principal and case scope between administration public prosecution and administration public benefit prosecution. The administration public prosecution will be of theoretic and reality meaningfulness. This paper started with concept and characters of administration public prosecution, basing on discussion to possibility and necessary of building administration public prosecution, designed the related legislation system and justice procedure of administration public prosecution. This paper expects to attain the basic request to constitution state's administration under law. Building administration public prosecution in our state not only is of constitution theoretic base but also suit our state's situation. Such a system is of benefit for restriction and balance between justice power and administration power, and will make state's power structure into good situation. Such a system not only will avail state administration efficiency and quality, but also will contribute state democratic and socialism politic civilization construction.