Studies On The Administrative Procuratorial Suggestion

Administrative procuratorial suggestion is the use of prosecutorial power toparticipate in the prosecution of administrative supervision, a way to prevent andreduce administrative violations. Administrative body，the Chief Prosecutor doesnot recommend a strong coercive power，but does not affect the prosecution ofweak-force recommendations are an important part of the system of legalsupervision. Administrative procuratorial suggestion as a prosecutorialsupervision can be divided into three types,These are the adiministrativeprocuratorial of prevent Offcial Crime,the adiministrative procuratorial of legalsupervision and the adiministrative procuratorial of participation in thepeoceedings.The presence of administrative procuratorial of suggestion system has somelegitimacy.From the theoretical point of view, restricting the powers of theexecutive power theory requires additional power needed to run the system ofchecks and balances to be，so as to prevent the executive power during operationor misuse of unlimited expansion, while the procuratorial theory requiressupervision of the prosecution as a special law supervisory authority to take upthe oversight of executive power to run the whole process.From the current law,the Constitution, laws, judicial interpretation, local laws and normative legaldocuments have been suggestion system of administrative procuratorial involvedin the implementation of the recommendations of the Chief procuratorialproblems that need attention during the process and have a general formula tofollow the provisions, which indicates that administrative procuratorialsuggestion system has legitimacy.From a practical situation, the prosecution as aspecialized organs for legal supervision, supervision of administrativeenforcement of this form of protest is mainly achieved through this way toosimple oversight can not meet the legal supervision procuratorial organs will onlyadministrative supervision system of law is limited to post-supervision,narrowing the scope of prosecutorial supervision，but also affects the efficiencyof legal supervision.The administrative procuratorial suggestion system has undergone a reconstruction rfom the establishment of a process to disappear again.In recentyears, administrative procuratorial of the recommended operating conditions forempirical study found that administrative procuratorial proposals made greatachievements in the District Attorney practice.Administrative procuratorialissued recommendations made number increased year by year，the format of thecontent of the proposal has been standardized, the higher is the recommendedadministrative procuratorial organs proposed response rate, which is theexecutive code of conduct for law enforcement, and improve policies and systemsof internal organs, prevention duty criminal activity played a positiverole.However, because there is no law to regulate a unified administrativeprocuratorial suggestion system, local prosecutors to develop locally based workrules, and even the staff based on subjective prosecutors want to send legaladministrative procuratorial proposals, resulting in a proposal is not in formatspecifications, monitoring results can not be guaranteed.The administrativeprocuratorial proposed as a way of procuratorial organs of legal supervision, lackof appropriate support mechanisms, can not form a complete system ofsupervision and other administrative methods of supervision.Therefore, the implementation of administrative procuratorial suggestionsystem, implementation of the proposed security administration procuratorialeffect, we must improve relevant laws, to provide a unified system foradministrative procuratorial proposals, workable legal basis.The administrativeprocuratorial proposal to regulate the scope, procedures and content formats,perfect filing system and accountability, supporting the establishment ofmechanisms for administrative procuratorial suggested, the AdministrativeSupervision of other ways to combine administrative supervision, so as toachieve standardize administrative enforcement actions purposes.