On Perfecting The Inspection And Supervision System Of The Administrative Litigation In China

The inspection and supervision of the administrative litigation in China refer to the administrative procedural law system that procurator organs supervise administrative litigations according to the law; it is also one important aspect of the supervisory functions of the procurator organs, which is established and guaranteed by laws including the Chinese Constitution and Administrative Procedural Law. Researching on this issue is of great practical value and thus becoming very necessary. The perfection of the inspection and supervision of the administrative litigation is very meaningful to the practice of administrative litigation and legal supervision in China; it is not only required by the rule by law and the development of the market economy, but is also requisite to the perfection of inspection system of law, the maintenance of the independence of justice and uniformity of the legal system. Defects in the existing systems has been shown in several main areas, including:the inspecting and supervising of administrative litigation in respect of legal provisions and supervisory effectiveness; the impertinency of institutional structuring of the administrative and civil inspecting and supervising systems; the bias in the evaluation system; the disqualification of inspectors and supervisors. Such defects could be attributed to reasons imbedded in history, theories and the system itself. Countermeasures of perfecting the administrative litigation inspection and supervision system include:first, perfecting the legislation, enriching the supervisory modes, broadening the supervisory jurisdiction, and clarifying the supervisory procedures; second, improving the effectiveness of inspection and supervision system, reforming the current inspecting patterns on protests, perfecting the supervision over relevant suggestions; third, establishing the administrative public interest litigation system in procurator organs by reconstructing the theories and operating modes; in addition, improving the evaluation of the performance of the inspection and supervision system; lastly, fostering a professional team which is structurally simple, independent and well-trained.