Study On The Improvement Of China’s Administration Litigation Of Procuratorial Supervision

The administration litigation of procuratorial supervision is an important legalsystem in China. But in the process of administrative litigation, because of the specialstatus, the actual or potential litigation participants feel the pressure. In addition, thereis a serious local protectionism in our country, and the jurisdiction over administrativepower too close and rely because of the system reasons. The illegal phenomenon oftenhappens in the practice of administrative proceedings, serious harm to judicialauthority, many people even lost the trust of justice, the dare not tell, not willing totell the psychological widespread exist in the psychology of people. A large number ofadministrative illegal are not corrected in time and relief, all of these inevitablyrequest to strengthen the procuratorial supervision in administrative litigation.Because of the former Soviet Union, the procuratorial system and theoretical aspectshave many similarities between China and Russia, and the two countries also are inthe transition period, face with the same or similar problem. So, we should not onlyprofits from the mainland, Anglo-American experience, but also study more our nearneighbour Russia’s experiences and lessons to improvement of China’s administrationlitigation of procuratorial supervision.This article mainly discusse how to improve China’s administration litigation ofprocuratorial supervision through the theory-practice-legislation. The first part is theoverview of the prosecutorial supervision in the administrative litigation. This chapterdescribes China’s prosecutorial supervision in the administrative litigation system in theory, elaborated the author to the understanding of the nature of the prosecutorialsupervision in the administrative litigation, finally elaborated its role and must adhereto the principle. Then, the defect of administration litigation of procuratorialsupervision in China and discuss the analysis. In this chapter introduces the status oflegislation and judicial status of China’s prosecutorial supervision in theadministrative litigation. At last, this part demonstrated the lack of the development ofChina’s prosecutorial supervision in the administrative litigation on the basis ofanalyzing the causes. The third part is the foreign’s prosecutorial supervision in theadministrative litigation. This chapter introduces the mainland, the Anglo-Americancountries prosecutorial supervision in the administrative litigation system, and mainlyintroduces Russia’s prosecutorial supervision in the administrative litigation. AndDiscuss procuratorial supervision of Russia and Its Inspiration to China. Then theforth is perfecting our country’s administrative procuratorial supervision system. Thispart is the core of this article, and the author focuses on, based on the previousanalysis of prosecutorial supervision in the administrative litigation, comparison offoreign relevant system especially the Russian system research, make a thoroughanalysis of our current system, and how to solve these problems and puts forwardsome countermeasures for our country, such as the procuratorial organ how to take outthe administrative public welfare lawsuit, support litigation, implement ofadministrative protest, establishing execution supervision, this several aspects todiscuss the improvement of China’s administration litigation of procuratorialsupervision.This article from China’s current administrative litigation supervision ofprocuratorial organ on the drawbacks of starting, through drawing lessons from theexperience of other countries, based on the national conditions, to build a perfect aspossible of the prosecutorial supervision in the administrative litigation system.