A Study On Procuratorial Supervision Of The Administrative Litigation

Abstract:The people’s procuratorate as the legal supervision organ, have the right to supervise the administrative litigation. The administrative litigation procuratorial supervision system is an important part of the administrative litigation system, and also the content of China’s socialist legal system. Perfecting the system can contribute to protect national and social public interests, to ensure the government administration by law, to conducive to a sound system of the procuratorial and judicial system and so on.Throughout to the study of the theory of the administrative litigation system of procuratorial supervision in our country, most of the research has the disconnect with the practice lacks of the response to reality. Legislation is too simple and abstract, lack of maneuverability. In judicial practice, procuratorial organs always ignore the administrative litigation supervision. Therefore, this article from the basic theory of administrative litigation procuratorial supervision, based on the system in domestic legislation and practice of the status quo, looking forward to study and improve the administrative litigation procuratorial supervision system in theory and the legislation and even the practice.At present, the prevailing theories in theoretical circle are " comprehensive supervision" and "limited supervision", the former limitations of reality and the latter absence of supervision, both can’t well interpret the administrative litigation system of procuratorial supervision. I respect the existing laws and regulations, and without ignoring practice updates. Considering the legislation and practice, this article put forward a kind of "center of supervision and theory" for the administrative litigation system of procuratorial supervision. Namely on the basis of "protest afterwards supervision", for those more often had a greater influence on the occurrence, damage the public interests and not directly harm the interests of private administrative behavior, the people’s procuratorate can bring administrative litigation, filling in the blank of legislation and practice because of the plaintiff is not qualified.