On The Administrative Prosecution

The thesis focused on the theory of public administrative prosecution. It refer to the mature theory of common law and civil law countries, start from the constitutional perspective, based on the power balance theory, right relief theory, right restriction theory, combined with current legal environment demonstrates the necessity and feasibility of public administrative prosecution. Then put forward specific ideas. The text is divided into five chapters.The first chapter defines the concept and characteristics of public administrative prosecution, by the comparison of commonweal litigation, administrative public interest litigation and public administrative prosecution; public prosecution and private prosecution, we can get the definition of public administrative prosecution:on behalf of the State, people's procuratorate sue to the people's court for trial on illegal administrative acts or administrative omission harming national interests or public interests.The second chapter discusses the legal basis of public administrative prosecution by talking about the balance of powers, civil rights relief, state power constraints. The balance of powers emphasizes the legal supervision of prosecution, reflects the constraints to expansion of executive power by judicial power, effectively made up for weak right of appeal; civil rights relief theory views from the civil rights, no rights without remedies, rights come with relief. Damage of individual rights should have qualified for relief, on protection of right to appeal, public administrative prosecution is necessary; state power constraints theory is based on "one power to restrain another but is of no use", "people are the best judge of its own interests, "the two facts show that administrative authority is only the manager of power but not the owner, the judicial system is set up for citizens rather than a judge, citizens have the right to institute legal supervision by judicial review, in order to restrain executive power.The third chapter describes the theory of foreign public administrative prosecution. Although public administrative prosecution in different countries have their own characteristics, view from history and development of the prosecution system, the main fact produce public administrative prosecution is community representative. Then discuss the application in common law countries and civil law countries, the application in England, the United States, France and Germany can improve China's Public Prosecution System.The fourth chapter argued the necessity and feasibility of public administrative prosecution. Because of the existing monitoring mechanism, the existing administrative system has shown some limitations on the maintenance of public interest, and the establishment of public administrative prosecution can play a key role in saving resources, promoting government to administrate according to law, so the establishment of public administrative prosecution is necessary; for its feasibility, China's current criminal procedure, supplementary civil action in criminal procedure have played the institutional foundation, the legislative purpose, basic principles of "the Administrative Procedure Law, " and protest system provided Legal basis, current public administrative prosecution also accumulated a certain amount of research results, recent years'public interest litigation cases establish reality basis, so Public administrative Prosecution is imperative.The fifth chapter discussed the specific procedures, including procedure before appeal, jurisdiction, receiving, filing, case investigation, prove responsibility, litigation expenses, withdrawal, mediation, reconciliation and other sectors. Procedure before appeal is of practical significance, for it has a good effect on the prevention of abuse complaints, saving judicial resources and the use of non-appeal form to resolve social conflicts and promote social harmony; the scope of public administrative prosecution is special for it associate closely with public resources, public property interests, and environmental benefits.The thesis focused on the importance of Procuratorate function, the purpose of the author is to emphasize judicial constraints on executive power, in the situation of increasing expansion of executive power, public administrative prosecution system is of certain practical significance.