Administrative Procuratorial Supervision Function Reconstruction

Procuratorial supervision system in administrative litigation is the law endowed procuratorial organ legal supervision activity is one of important link, to guarantee the administrative litigation activities smoothly, protect the legitimate rights and interests of administrative relative person, constraints, administrative power is of great significance. At present "administrative procedural law" at the stage of proposed changes, including about procuratorial supervision of procuratorial organ of the administrative litigation function reconstruction has been commonly agreed in theory and judicial practice, however, the current procuratorial supervision of administrative litigation system of rules for the exercise of the legal supervision too limited and lack of practical and feasible operating procedures, due to the defects of legislation, severe not coordinate general principle and specifics of the act, the practice of not value and blocked too frequently, seriously affected the citizen rights and interests of effective protection and the effective implementation of the procuratorial supervision work. This article tries to the current procuratorial supervision in administrative litigation system in our country the necessity of existence, the impact of defects and causes to make a superficial analysis, as well as the outside prosecutors involved in the scope of administrative litigation mode and briefly, finally combining our country’s basic national conditions, put forward to reconstruct the system of specific measures, so as to the improvement of the system of administrative proceedings prosecution, refactoring. Article altogether is divided into four parts:The first part is analysis in administrative litigation activity procuratorial organ’s legal status. This part firstly study the qualitative, prosecutorial theory exists at present, many kinds of theories and combining the current situation of our country under the rule of law in our country should be positioned as a procuratorial authority concerning the power. Followed by the procuratorial organs in China to participate in the administrative litigation is introduced to induce the history of the legal supervision of procuratorial organ in the administrative litigation activity status.The second part is the legal status of procuratorial organ in the current administrative litigation activity. This part is in the first part of the conclusion on the basis of a more thorough understanding of procuratorial supervision of administrative litigation and it analyzes the present situation of the procuratorial supervision system of administrative litigation, it is concluded that it is necessary to reconstruct the system of the conclusion of better play to its function.The third part is the scope of procuratorial organ in the position in the administrative litigation. The author in this part of Anglo-American law system and continental law system of administrative litigation of two big legal system country, the article briefly introduces procuratorial supervision and at the same time focus on the former Soviet union and the Russian federation related legislation, summed up the experiences and lessons for the perfection of the system in our country.The fourth part is the idea of the procuratorial supervision of administrative litigation function reconstruction. This part is the key chapter of this article, the author in an extension of the scope of procuratorial supervision of administrative litigation, expand the way of, practice of eliminating aspects proposed own shallow view, and to perfect the system shall follow the principle of the discussed, in order to in the "administrative procedural law" critical period of modification on the agenda, to improve the system of procuratorial supervision of administrative litigation.