The Research On The Procuratorial Agency To Exercise The Administrative Public Prosecution Power

Administrative public prosecution is a national authority .It is also a kind of right of action of state. Therefore, from the aspect of studying the jurisdiction and procedural rights, beginning from the development of procedural rights, we make use of the analytical methods of comparison induction and empirical study. We start from the influential social events, then take into consideration of the combination of realizing administrative public prosecution ahead of time and supervising administrative protest afterward, by demonstrating the necessity and realistic basis of making the procuratorial departments as the subject of performing public prosecution and referring to the regulation on foreign administrative public prosecution reasonably, the purpose is to provide academic suggestions about found administrative public prosecution according to its internal mechanism. We should focus our study on the following aspects: (1) the legal principle of administrative public prosecution; (2) the confirm of the range of administrative public prosecution; (3) the procedure of administrative public prosecution; (4) the distribution of the responsibility of testification in cases about administrative public prosecution.This article is divided into three sections—introduction,text, and conclusion.The logical construction as follows:Chapter one is the introduction. I bring about the problems on administrative public prosecution, current studying situation and its defects, then clarify the reasons why the article study it , explain the methods in the study, the ideas and frame of this article.Chapter two is the theoretical basis of constructing administrative public prosecution. The purpose of this chapter is to discuss the background and possibility of construct administrative public prosecution and define it. From the aspect of jurisdiction and procedural rights, it is based on its legislative states, judicial performance and theoretical frontier. We start from the mature social conditions of constructing administrative public prosecution and discuss its realistic urgency as well as its significant meaning.Chapter three is the content and practical exploration of administration of public. It is made up of three parts—subject, object and content. This chapter begins from the theory on modern jurisdiction and procedural rights, by means of comparing it with the foreign one, put light on the legitimacy of that procuratorial departments performs public prosecution, realize the basic principals to obey and set the procedure when it is functioning. Besides, in case of the abuse of power, this chapter also interpret the regulations about the abuse of administrative public prosecution and nonprosecution.The last part is based on concluding the whole article, it mainly demonstrate the innovation, defection and developing situation of administrative public prosecution.