The Predicaments And The Future Development Of China's Administrative And Judicial Supervision System

The establishment of administrative proceedings system and the drawing up of"The Administrative Procedure Law of the People's Republic of China"are magnificent achievements of China's Opening and Reform policy, which are epoch-making in China's rule of law. To implement a full range of close supervision to the state administrative organs in China is one of the essence of the traditional law as well as one of the basic characteristics of the modern rule of law. The establishment of legal supervision which is commonly known as"min gao guan"and the formulation and implementation of corresponding rule and law are not only of landmark significance in our country's history, but also the symbols that our government by law officially integrates the worldwide basis of modern rule of law. However, China's current administrative and judicial supervision is in a predicament, owing to the factors such as the weakness of law system and the lagging in concept, etc. It is one of important issues the current Chinese jurisprudence to analyze the reason why we are in such a predicament and find out the solutions to ensure its sound development. This essay is about to probe into these matters.My research, starting from the concerning concept of the administrative supervision system and judicial supervision, introduces the historical development and the difficulties we are facing now in administrative judicial supervision, and then it analyses the causes for the difficulties. It finally proposes the future development of China's administrative and judicial supervision system through a comparative study in foreign countries.The essay is mainly divided into five sections.The first section is about the general theories of administrative and judicial supervision. It briefly introduces the definitions and features of administrative supervision system and judicial supervision, and analyzes the theoretical and legislative basis of judicial supervision and the ways to achieve it. This part is the foundation of the article.The second section is about the development and predicaments of China's administrative and judicial supervision. It introduces the history and development of China's judicial supervision and points out the existing problems in the system, such as the insufficient independence of judicial authority, poor power of authority in judicial supervision, weak guarantee, leaky system, etc..The third section is about the analysis of the causes leading to the predicaments in China's administrative and judicial supervision. Aiming at the problems brought forward in the above section, this section intends to analyze the factors that result in the situation.The fourth section is about the comparative study of administrative and judicial supervision of other countries. It projects the points that we can apply to China's administrative and judicial supervision system, according to the analysis of and judicial review system in the Anglo-American Law and administrative supervision system in Continental Law.The fifth section is about the future development of China's administrative and judicial supervision system. It poses several possible and practical ways of thinking to deal with the present predicaments in China's administrative and judicial supervision system.