Procuratorial Supervision Administrative Iitigation System Operation Analysis

Procuratorial supervision system is an important system in lawsuit legal system. procuratorial organs played an important role in our administration litigation supervision. Judging from the legislation, The counterappeal is main way of procuratorial supervision in administrative litigation. But this kind of supervision is simple, is high cost and the procedural cycle is long, which through retrial procedure to correct errors. The article analyse the current situation of procuratorial supervision in the administrative litigation based on one procuratorial organ in a province of the central country as a case, plus some typical cases in China in recent years. Cutting from the way of the procuratorial supervision in order to analyse and comparise the changes of civil and administrative cases in recent years. It can draw the conclusion, the procuratorial supervision can not be fully realized oversight supervision function. the practice of retrial procuratorial suggestions occupy an important position in procuratorial organs. Which suggested that this approach is more flexible, easy accepted by the court. The procuratorial organ is also trying to test the urged prosecution. After mastering the basic situation of the procuratorial supervision, exploring the problem in supervision and analyzing the reasons for their.such as procuratorial suggestions are not willing to recognize in the legislatio, a narrow range of supervision, the legal validity of procedure are not high and scientific, the court status of proceedings is not clear, the differences and other issues between the court and the procuratorial organ on supervision are many. These problems severely weaken the function and effect of procuratorial supervision. After analyzing the reasons for the problem, the writer suggest to promulgate "the law of procuratorial supervision ", to establish of a wide range methods of procuratorial supervision. The prosecution means not only keeped the existing protest system, but also fully endorsed the proposed role of procuratorial suggestions, also through other means the review hearing to enrich the inspection and supervision methods whether the retrial reasons and opinions is right. Through inspectig on the supervision of administrative proceedings, this is to bring a useful reference for the supervision of legislation.