On The Study Of The Administrative Inspection System In China

By examining the nature of the prosecution and the characteristics of administrative proceedings, we can see, the Administrative Inspection activities implemented by the prosecution include inspection and supervision not only on specific unlawful administrative acts,but also on administrative proceedings conducted by the inspection and supervision activities. As a result, Administrative Inspection has its specific defination: By fullfilling the right of legal supervision conferred by the Constitution independently, the prosecutorial authority inspects and supervises judicial organs, parties and other participants in the proceedings of administrative procedures, and specific illegal administrative acts, so as to ensure that national laws can be implemented correctly and prevent the occurrence of corruption in the judiciary. As a component of legal supervision activities made by the prosecution, Administrative Inspection makes an important role.This article is divided into four parts:The first part is an overview of Administrative Inspection,Tthe second part is an inspection on the Russian Federation Administrative Inspection System;T the third part is the status quo of our Administrative Inspection System and the fourth part is some recommendations to further improve the supervision of the Chief Prosecutor system. Among these, the third part and the fourth part are both the focus of this article.According to the research on concept characteristics, significance and main basis of Administrative Inspection System as well as by inspecting the Russian Federation Administrative Inspection System,this article will reveal some problems of China's Administrative Inspection System,which exist both in theory and practice.These problems are as follows:There are significant legislative deficiencies; People's Procuratorate and the courts don't make consistency in understanding; There are few protest on administrative litigation cases; The problems of scope,the modalities and the reviewing target of Administrative Inspection; The range and the main body of Protest cases;the trial level and trial periods; When the trial of cases has been carried into force of judgments and orders, whether the execution should be stopped if protest happens; Whether the court should reject the re-trial after the verdict of the protest and how to make a judgement in accordance with the procedures of judicial supervision, and so on. These problems have seriously affected the function of legal supervision of the prosecution, not only restricted the further development of the Chief Prosecutor system to a certain extent, but also affected the process of our legal system.In the fourth part of this article, in view of the problems of Chief Prosecutor system, the author proposes a number of recommendations to improve the system of Administrative Inspection:First, create an administrative prosecution system; Second, improve the prosecution to participate in administrative proceedings mechanism; Third, to expand and improve the system of protest Prosecution; fourth, to create the implementation of monitoring system. I hope that through the joint efforts of all sides in the country, we can finally build up a relatively complete system of administrative inspection and supervision, and make a richer theoretical basis to the research of the inspection and supervision system of the Chief.