On Establishment Of Chinese Administrative Public Prosecution System

As social classification is becoming more and more definite in modern society, the relationship attached to people is also more intimate. Thus, the space of social member's mutual life in public area is esier to be offended. At the same time, the prosecution procedure is one of the solutions for various rights to be proteced. As to administrative prosecution, it merely exist in administrative private prosecution system in China, while its inner frame is neither scienfic nor can adapt to the new situation which including the expanding public right protection's requirement for the the system. What's worse, there is an universal phenomenon that little or even none proceedings can secure the public right well. In order to improve present state, it is necessary to initiate administrative public prosecution by the procuratorate. Therefore, the administrative public prosecution system should be established as quickly as possible. The following is the definition of administrative public prosecution: the people's procuratorate, symbol of the state and social public interest posing administrative prosecution to ask the people's cout to inspect certain administrative case and adjudicate according to the law. Minwhile, the administrative public prosecution can obviously distinguish from criminal public prosecution, civil public prosecution, administrative public interest litigation, administrative private prosecution and administrative supervise. It has a great significance in realizing social justice, maintaining public right and advance administrative legitimacy. This article use researching method of synthesizing, analyzing, comparing and experimenting, beginning with the definition of administrative public prosecution, then goes a step further to analyze the theoretical basis of establishing it, fully and effectively learning administrative public prosecution origination and development, observing the necessity and feasibility to establish it systematically, researching its range, also starts to design operating procedure precisely. It has already made some creative achievements. In short, administrative public prosecution can be established for its legal theoretical basis and realistic effect, meanwhile it is both necessary and feasible to be fulfilled. Therefore, the anthor expects that through his systematically analysis and seeking of the relevant issues about Chinese administrative public prosecution establishment may help to reform and complete the state's administrative prosecution system in order to establish Chinese administrative public prosecution system that suit for present national circumstance and adapt to the wordwide trend of administrative prosecution development.