On The Intervention Of Procuratorial Organ's Legal Supervisory Power In Administrative Power In China

This thesis has studied the origin of procuratorial system in China and analyzed the legal value of the Censor system as a indigenous resource of China; at the same time, the author has also did a comparative study on the procuratorial systems in western countries and The Soviet Union in order to borrow some good ideas from them. With the purpose of making sure of the problem that how the procuratorial organs exercise its legal supervisory power in accordance with constitution and laws, the thesis has studied the arrangement of the procuratorial system and the nature of authority of it by summarizing and analyzing various standpoints. With the existing constitution and laws the author has analyzed different forms of supervision towards administrative power of procuratorial organs and other subjects such as state organs and citizens and then comes to a conclusion that making full use of legal supervision and effectuating checks and balances of power are the theoretic basis of the intervention of procuratorial organ's legal supervisory power in administrative power in China.After commentating on theories and actualities of the intervention of procuratorial organ's legal supervisory power in administrative power in China, the author offers a reconstruction of practice of the exercise of procuratorial power. In order to supervise the administrative power comprehensively, the works of Bureau of the Anti-graft and Anti-corruption, the Bureau of Anti-nonfeasance and Anti-tort and the Civil -Administrative Procuratorial Service should be enforced. What's more, the procuratorial works should include more fields such as prosecution, accusation, detection, supervision and public litigation in order to intervene in the administrative power comprehensively. The procuratorial organs should change their passive and indifferent manner and then act in a positive way in supervising the administrative power. Then the author proposes some innovative institutional designs including Administrative Public Interest Litigation, the design of compere of Administrative Public Hearing and the checkup of contents of abstract authorization files. Finally the thesis has shown the conditions about the intervention of procuratorial organ's legal supervisory power in administrative power in China.