The Research On The Function Of Judicial Supervision In The Administrative Supervision Legal System

Abstract Realizling the aim of ruling the country by law, the focus is controling the power by law, which the focus and the difficulties lies on the controling the executive powers by law. The executive powers which has the intrinsic fatures such as unilateral, first qualitatively, the mandatory and so on, is vulnerable to mutate when the executive powers be affected by the administrative body ideas, the cultural tradition,the political, the social, and many other factors,and it has the external fatures such as expansive, encroachment, wilful expansibily, destructive and so on. Thus the mordern country, regardless of the government system ,are all pay more attention on the supervision of administration behavior , and then formed the administrative legal supervision system which is complex and complicated.Compared with other types of administrative legal supervision, judicial supervision which the power come from country authority, has the independence status, has the legal elements, can be the implemented directly, mandatory of its procedural and effection, has natural advantage to be implemented. At the same time, judicial supervision, which root in the concepr of power checks and balances, people sovereign right, human rights protection, due to its advanced, can be implemented indepedently, is favoured by the designers of many countries. Although power restrictive theory and practice varies in every country, however, it is the same that the ecutive powers be controled and supervised by the judicial power though some forms. In our country , the constitute and other laws supplies specific basis for judicial powers supervise excutive powers.To measure the achieving results of legal function,it is inevitable that we need the legal aim,the legal aim is the strating point of the legal function reasearch.The legislative intent of administrative lawsuit deceide the function of adinistrative lawsuit,and regulate the role of administrative function at the same time.The adinistrative lawsuit is arranged by the legislators with intent,and this arrangement can be percepted by the judges and litigants,this is the manifest function of judicial supervision;however, to some exten, the operating process of administrative lawsuit have some influcence on the societyt, this result can not be perceived by the legislators,and can not be perceived by the judges and litigants either, but in the real life of soceity, administrative lawsuit which based on its internal structaual property ,through the operation of itself, produce some objective consequence on the soceity which can be called latent function of judical supervsion. In our country ,the only aim of administrative lawsuit should be orientated at protecting the right of the concerned person,which the aim is to realize the manifest function of judicial supervision which is based on the administrative lawsuit structurion and enbody the function of saving the concerned person's right, supervising and regulating administrative acts, letting the administrative aody take te resposibility and so on ,and on this platform,the adminstrative lawsuit realise the latent function of judical supeivision which is based on the administrative lawsuit structurion and enbody the function of harmonizing the national legal system, maintaining social stability,guiding social change and so on.In order to realise the function of judical supeivision,it is necessary that executive powers should be reviewed and regulate by judical powers,however,the revision and regulation should in rational extent,and should obey some principle. In legal issues, the judicial authority has the independent right to review and make final decision, and on the issue of fact, the judicial authority should give the executive authority respect and recognition in particular and expertise areas .Both the realiziation of manifest function and latent function of judical supervision are should be based on the independence of the judiciary and the switch of administrative lawsuit, otherwise,tte function judical can not be realised or can not be fully acheved.At present, our countries'administrative legislation is too scattert,thus,it is unavoide that the latent function ,especially the manifest function exit in the legal practice.,thus ,the administrative system is blamed by the three aspect ,even by all sectors of the community. Procuratorial organs should strength its appeal fucnction in rational extent, participante the administrative trials and judgments limitedly,through this ,achieve the manifest function fully,and provide a fine base for the latent function.Only through this ,the function of judical supervision can be acheved, the concerned person's rightcan be fully protected,and the process of the constrction of rule by law can be penetratly pushed.