The Research On Restricting The Administrative Power By Prosecutorial Power In China

One of the important characteristics for the development of modern state poweris the expansion of executive power. The role a government plays in a society haschanged from a "night watchman" during the early capitalist economy to to an activeparticipant in the modern society. In other words, government not only passively taketheir responsibilities as maintaining the social orders, but also actively intervene in thedevelopment of economy and technology, and take the initiative to adjust all theeconomic contradictions and social conflicts. Furthermore,they also view thepromotion of social development and people's welfare as their duties.In response tothese changes, administrative laws change from negative ones to positive ones. Thepositive elements of the administrative law are reflected by all the facts like themacrocontrolover economy of the government, on the active promotion of thescience and technology sectors, education and infrastructuralbuilding? establish andimprovement of the social welfare system, etc. As China's administrative departmentshold a lot of social resources, these departments play a crucial role in the Chinesepolitical framework? together with the fact of the Chinese lax supervision system andthe weak external constraints over the administrative power make the abuse of the administrative power in China relatively easy, and which infringes the civil right. InChina, the censorial department of Peoplethelegal supervisory authority that isclearly stipulated in constitution, should supervise the operation of administrativepower, protect citizen's personal rights and democratic rights are not invaded, protectthe national interests are not lost.This article is composed of three parts–introduction, body and conclusion,fromwhich the body is divided into four chapters which is listed as follow:The first chapter proclaims the theoretical basis on which this problem will beexplored? defines the concept of administrative power and the specific character ofcensorial power? summarizes several mainstream viewpoints from the debate over theconcept of administrative power and the character of censorial power in academia?And finally comes to a point of view of this article on the basis of analyzing all theseproblems.Starting from introducing the origins of carrying out the law of supervisionon the administrative power, ChapterⅡdescribes detailedly: the system of adviceand the system of Yushi monitoring in ancient China? the legal supervision system informer Soviet Union and in now Russia? western parliamentary ombudsman system.And it also discusses the feasibility of the issues of the paper from China's ancienthistory to foreign censorial power restricting the administrative power useful.ChapterⅢdescribes the highlighted problems emerged during operatingadministrative power under the existing political framework of our country and examsthe situation of censorial power restricting administrative power nowadays. In thischapter, the author will describe and analyze the current attempts from thegovernment to restrict administrative power from different perspectives such as thestate power departments, judicial departments, social supervision and administrativesupervision over executing laws, and try to indicate the existent problems in thesepractices.Chapter IV concerns on the prospects and further reflection for the system thatcensorial power would restrict administrative power effectively in reality. It proposessome suggestions which mainly contra poses the problems that mentioned in the third chapter from different aspects such as the basic principles, the ways to realize, theprocess control,the review of the results, the basic assurance, and other aspects toimprove the system. The author seeks to enhance the feasibility of these suggestionsand attempts to make some innovations on the basis of other researchers.The part of conclusion gives a brief summary for the major issuesmentioned in the article.