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Procuratorial Supervision Of Administrative Actions

Posted on:2015-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:A N ChenFull Text:PDF
GTID:2296330452956357Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Administrative behavior is the administrative organ exercising their administrativefunctions and the administrative organ’s administrative act has directly affect on our dailyproduction and life. But with the development of economy, the government power are alsoexpanding, illegal administrative and law enforcement, practice favoritism are oftenhappened which seriously damaged to the administrative relative person’s legitimate rightsand interests, and also made a lot of people lost the trust of administrative organs. Theabuse of executive power need to supervise the administrative organs of the administrativeaction. But according to the current situation of our country, for many people, legislationgranted the administrative relative person’s administrative litigation of rights, wasdifficult to maintain their legitimate rights and interests. The supervision ofadministrative behavior still exists the insufficiency and the rule of law "blind Angle". Itrequires a more reasonable and feasible mode of supervision to monitoradministrative behavior. The procuratorial organ is the national legal supervision organsof China. It maintains the national and social public interests, protects the lawful rightsand interests of citizens, legal persons and other organizations which makes our countrylaw in the national unified and effective run smoothly. The nature of the procuratorialorgan determines that it should shoulder the sacred mission of the procuratorialsupervision of administrative behavior.In this paper, there are five parts. The first chapter describes the generaladministrative behavior of procuratorial supervision problems.I mainly describe it from the administrative action the concept, characteristics andsignificance of procuratorial supervision, supervision of the type,and the the history ofancient procuratorial supervision of administrative behavior. The second chapter mainlyanalyzes the necessity and feasibility of the administrative behavior of procuratorialsupervision. The third chapter is a comparative analysis of the foreign administrativebehavior of procuratorial supervision, thus it is concluded that the procuratorialsupervision enlightenment to perfect our country’s administration behavior. The fourth chapter is mainly to the procuratorial organ to the supervision of the administrative actbriefly, analyzes the present situation and existing problems and analyses the reason of itsabsence.And finally,I research how to perfected countermeasures of our country’sprocuratorial organs to supervised the administrative behaviors.We can use theadministrative public welfare lawsuit brought by the procuratorates, perfect theprocuratorial supervision of the administrative litigation and the system of administrativeprotest and improve the ability of the prosecutor to restrict administrative power.
Keywords/Search Tags:Administrative behavior, procuratorial supervision, Supervision mode, Administrative public interest litigation, Administrative appellant
PDF Full Text Request
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