Strengthen Procuratorial Supervision On Illegal Administrative Actions

In this article, all administrative actions which are made by any administrative body and are violating any administrative provision or rule, despite whether it is a legislative action or specified administrative order, whether it is a action against any specified administrative subjected citizen or it has not targeted to any specified administrative subjected citizen, shall be subject to procuratorial authority's procuratorial supervision. Such supervision is in line with procuratorial authority's constitutional empowerment and responsibilities in order to perform its comprehensive legal supervision effectively, and shall be the institutional bottom line for all procuratorial authorities world-wide to enforce their constitutional role and responsibilities to supervise the administrative branches.Procuratorial supervision on illegal administrative actions means, in order to ensure the consistency and accuracy of law enforcement within our legal system, procuratorial authorities shall, in accordance with the constitutional empowerment, conduct constitutional supervision on all administrative actions, including legislative actions and specified administrative actions which are violating the applicable administrative rules and legislations, done by relevant administrative bodies.However, according to observation in this article, it discovers that, the reality in our country is such procuratorial supervision has been gradually weakened from upper level to the lower level, from constitutional level to general legislative level then to implemental rules and other operational rules issued by both Supreme People's Court and Supreme People's Procuratorate. Such procuratorial supervision has been narrowed down from broadly legal supervision into restrictedly valid administrative verdict/order. Moreover, even to this most restrictively narrowed supervision, it has to face great resistance and obstacle in real life, then the effective procuratorial supervision has almost vanished.Therefore, it is advised to improve the perfection and construction of our institution, and to strengthen procuratorial supervision on illegal administrative action. This is the only way to realize its constitutional function, change the current situation of lack of procuratorial supervision, exert all the special advantages of procuratorial supervision, and to restrain the trend of increasing illegal administrative actions.In considering above, this article gives an action scheme to build up a completed and functional procuratorial supervision system. First of all, it is necessary to further improve current procuratorial supervision on the valid administrative verdict/order. On the one hand, regarding to the problems of "difficulties on reviewing case documents, on access to evidence, and on concluding cases" in our legal practice, an more comprehensive institutional arrangement shall be set up to protect the procurator's rights to review case documents, to access evidence and to appeal upon higher court against disagreed judgments, also to verify the scope and jurisdiction of higher courts' role in such appeal proceedings. On the another hand, regarding to the unilateral restriction given by Supreme People's Court to narrow procuratorial supervision down to relevant matters relating procedural valid administrative arbitrament, accordingly, another institutional arrangement shall be implemented to strength procurator's constitutional supervision function to conduct its supervision performance rightly and effectively.Secondly, this article further suggests expending current supervision scope to cover all illegal administrative actions which damage public interest, despite whether such actions had been sued by any party:â…°) to those actions have not been brought to a court, the procurator shall issue a procuratorial advisory notice or cure of administrative illegal action notice, which will specify legal consequence with relevant administrative layout, and by which a formal administrative litigation raising public interest concerns could be triggered;â…±) hence, there shall be a comprehensive institutional arrangement to authorize the procurator a proceeding right to raise a administrative litigation concerning public interests, and to clarify issues relating with the qualification of litigation party, procedural limit of such litigation trigger, and social supervision on such administrative litigations;â…²) subsequently, the procurator can attend such litigation under a well defined institutional procedure which provides details on some issues concerning the procurator's involvement on submitting litigation application, the procurator's attendance in the proceedings as joint-plaintiff or other participant in proceedings. In this article, through a series of institutional construction and improvement, it is believed that there will be less gaps and obstacles in the future of our procuratorial supervision practice against illegal administrative actions.