A Study On Administrative Litigation Procurator Supervision System

The conflict of public power and private rights is inherent and inevitable. And the people choose administrative litigation to resolve disputes because it is more neutral than other ways. However, we still need to build a kind of reasonable and effective mode to supervise the execution of administrative power and the court trial to make sure the administrative litigation to go on wheels since the legislative purpose of the administrative litigation is not fully realized. The Administrative Litigation Procurator Supervision System arises as the times require in this background. Administrative Litigation Attorney Supervision System has played an important role in restricting administrative power and standardize administrative litigation activities, safeguard judicial authority.With the complicated of the social life and reforming of the judicial system, new and old problems popping up. The supervision effect is difficult to achieve because of the defects of administrative litigation procurator supervision system itself, and then it makes the public feel suspicious of this system. At this point, it is the only way to eliminate the perception of public and ensure this system effective by facing the problems of administrative litigation procurator supervision system and improving it constantly.This article is mainly divided into four parts, as follows:The first part is the overview of administrative litigation procurator supervision system. In this part,the article defines the concept and nature of administrative litigation procurator supervision system, and determines the scope of supervision, to explain the basic issues of the administrative litigation procurator supervision system.The second part analyses the problems of administrative litigation procurator supervision system briefly. The author analyzes the rules about administrative litigation procurator system in existing laws and the new "Administrative Procedure Law" which will be implemented in order to find out the problems of system designing and implementation.The third part introduces the administrative litigation procurator supervision system in foreign countries civil procurator supervision system in China. The article first introduces the administrative litigation procurator supervision system in foreign countries. Then, the author analyzes civil procurator supervision system in China which is closely related to administrative litigation procurator supervision system. And the author strive to find solutions for the existing problems in China’s the system from these different or similar oversight system.The fourth part of the paper has focused on the construction of the administrative litigation procurator supervision system. The author put forward that we should solve the existing problems from two aspects the legislation and practice levels. To ensure the supervision effect, it is necessary to construct scientific and reasonable administrative litigation procurator supervision system, strengthening the contact each parties, improve business ability of procuratorial organs.