On The Reconstruction Of Administrative Procuratorial System In Our Country

In procuratorial organ of China, positioning for national legal supervision organ, the administrative procuratorial is procuratorial organs of the important one of supervisory function, the establishment of administrative procuratorial historical origin, it is the choice of history, is the world trend of the development of procuratorial system, but also restrict the inevitable choice of administrative power. In constructing the socialism government by law society today, administrative procuratorial in maintaining social harmony and stability, actively resolve social conflicts, and promote social fairness and justice and so on the various aspects to have played an irreplaceable role. However, with the social progress and development, along with the increasing economic exchanges between China and western countries, China’s existing administrative procuratorial supervision system in theory and practice are exposed a lot of problems, which seriously hamper the procuratorial organs in China play legal supervision.Procuratorial supervision in administration system are faced with the problem mainly in three aspects:first, the traditional judicial idea fetter is still in."Heavy criminal, light administration; heavy criminal prosecution, light supervision" of the judicial idea is leading the procuratorial work, which bound the procuratorial personnel of the performance of administrative procuratorial functions, but also hindered the administrative procuratorial business development. In the long run caused many problems, such as the lack of An Yuan administrative procuratorial work, regardless of procuratorial organ itself or other organ for administrative procuratorial work not enough attention, and caused a about administrative procuratorial existence necessity of debate. Secondly, the current lack of rule of law. The current relevant administrative procuratorial work of the rule of law little and then little, and referring to different legal norm, only some of the rules and principles of too much change, lack of maneuverability, and as the main way of supervision administrative protest lack of specific provisions, which cause practice judicial and procuratorial organs is often a problem have the conflict, this kind of differences can’t reach a consensus so that administrative procuratorial supervision can’t carry on. Third, the procuratorial organs own conditions. On the one hand, because of procuratorial system reason, the procuratorial organs in human and financial resources arrangement often limited by the local administrative authority, this should have the independent character is lost, and often for consideration and administrative organ, the court’s relationship to earnestly implement the administrative legal supervision function. On the other hand, the procuratorial supervision in administration lack of professional talents, the existing administrative procuratorial personnel widespread age big, legal quality problems, especially in the face of the procuratorial supervision in administration new problems in more difficult to deal with. Therefore, the gradual loss of procuratorial supervision in administration of the rigid binding, already can’t carry out their work, and lost the general public to administrative procuratorial work of trust and support, and then the amount of cases decrease, strengthens the administrative procuratorial work of contempt, gradually into a vicious cycle, to extricate themselves.At present in our country administrative procuratorial into a predicament of time, draw lessons from and absorbing foreign legislative experience to reconstruct our country administrative procuratorial system is very important. Foreign countries because of specific administrative procuratorial system are different, and hard to summarized the unified rule, this paper tentatively will the uk-us genealogy of law country, the mainland legal system country administrative procuratorial system carries on the comparison, because China’s procuratorial system transplantation in the former Soviet union, so will the socialist country’s administrative procuratorial system and the countries of two important legal systems administrative procuratorial system in one place comparative thinking, which generally summed up their respective create gist and preferences, so as to further combining with China’s procuratorial supervision in administration of the actual, for our country to construct prosecutorial system to reference.Through reviewing about the present situation of administrative prosecution in our country and other countries administrative procuratorial system of thinking, this article from the ideology of reshape administrative procuratorial, reconstruction of administrative prosecution rules, reforming administrative procuratorial mechanism three aspects to discuss refactoring administrative procuratorial system’s basic ideas. First of all, reshape administrative prosecution concept. All people, especially procuratorial organs and court staff, to change as soon as possible,"the heavy entity light procedure, law enforcement supervision, heavy light criminal supervision and administrative supervision" such as the wrong ideas, to the administrative procuratorial the necessity and importance of setting up the correct ideological understanding, at the same time should pay attention to establish the image of justice, really set a good example, so as to make the people trust, in order to solve the issues of administrative procuratorial work effectively. In addition, refactoring must adhere to in the process of administrative procuratorial work of the construction of the rule of reason, insist on respect for the cultural traditions, insist to follow the objective laws of social development, adhere to the scientific system design, and promote the development of administrative procuratorial system construction. Second, reconstruction of administrative prosecution law rules. First, perfect the procuratorial supervision system of administrative litigation, it is the key of the administrative procuratorial work, mainly from the perfect administrative procuratorial system and perfecting the administrative appellant model in two ways. Second, build system of procuratorial supervision of illegal administrative action, mainly including procuratorial organ for unconstitutional review system, to establish administrative public prosecution system, establish non-litigation procuratorial supervision system; Third, create the execution of procuratorial supervision system, the basic idea is through legislation to clarify the legal status of procuratorial supervision, flexible use of written manner execution of procuratorial supervision, create the scene supervision way, endows the procuratorial organs objection litigation right and enforcement of the right. Finally, reforming administrative procuratorial agencies. On the one hand, through education examination strengthening administrative procuratorial personnel supervision and consciousness, on the one hand, it should be adjusted by institutions in procuratorial work layout, strengthen the human, material and financial resources of procuratorial work and security, on the other hand to improve the system of prosecutors to strengthen team construction, so that administrative procuratorial work can sustainable development.Through the reconstruct administrative procuratorial system to ensure that the administrative procuratorial and criminal prosecution, civil procuratorial to balanced development, such basic can build up a complete and effective legal supervision system, which helps administrative procuratorial work to get rid of the existing predicament, and can promote the overall procuratorial supervision in administration process rule by law, and earnestly safeguard the rule of law society’s construction and development. This article through to our country administrative procuratorial theory and practice on objective analysis, this paper puts forward the modern spirit of the rule of law with the basic concept and principle of reconstruction, and in this to reconstruct our country administrative procuratorial supervision system puts forward some basic ideas. However the author ability is limited, this paper or idea is not enough mature, or discusses enough, especially for some practical problem study in-depth, only hope this research can to our country administrative procuratorial supervision system construction, perfection and development can contribute. But I believe, with the continued prosperity of economy and society, the construction of the rule of law society steadily, in many scholars, experts continuous efforts, our country’s administrative procuratorial system will be toward the direction of the health development, usher in a new situation.