The Problem And Improvement Of Administrative Litigation Procurator Supervision System In China

Administrative litigation, which is landmark for the development of ourdomestic administrative legal institution and construction, makes superior right intraditional view to show itself in front of the public. However, we still need to build akind of reasonable and effective mode to supervise the execution of administrativepower and the court trial to make sure the administrative litigation to go on wheelssince the legislative purpose of the administrative litigation is not fully realized. TheAdminstrative Litigation Procurator Supervision System(ALPSS) arises as the timesrequire in this background. It is helpful for so many aspects such as the proposal ofadministrative lawsuit,the criterion of administrative procedures，the promotion of theprocess of legal administration and the formation of public awareness of the rule oflaw. Moreover, it also shows prominent impact for our domestic socialist marketeconomy construction. This policy accords with the demand of the construction of notonly our domestic socialist market economy but also the harmonious society.However,with the increasingly democratization of politic life and thediversification of public values, our domestic ALPSS is suffering from the judgmentfrom different kinds of standards of value. At the same time, the alternation of lawand policy in the period of social transformation also makes our this new rulegenerate some unavoidable flaws, which not only restricts the effect of the ALPSS’soperation but also affects public recognition and acceptance of it. Therefore, toenvisage the actual problems we face to and the proposal of specific countermeasuresof perfection of supervision and inspection will have significant meaningundoubtedly no matter in theoretical or practical aspects. Additionally, which we needto emphasis is that the author’s proposal is not only to accommodate to thedevelopment of economy but also keep reformation of society stabilization since it isnot allowed to make chaos and economic recession by swift progress ofpoliticalization and democracy.The author issues the matters and the disputes among the existence and theabolition in current the ALPSS through the analysis of its connotation. Furthermore, the author supports its continued existence, which needs to be further strengthened. Atthe same time, the author also proposes the way to broaden its range by theimprovement of legislation, the augment of its modes and some other methods toperfect our domestic ALPSS.