On The Perfection Of Administrative Litigation Attorney Supervision System

Administrative Litigation Attorney Supervision System is both a part of the administrative litigation system in our country, but also is an important part of China’s Procuratorial system. In administrative litigation system in the reason for the establishment of prosecutorial supervision system, by means of prosecutorial power is to exercise supervision over the administrative proceedings, administrative proceedings to prevent and correct the violations in order to protect national law enforcement. According to China’s "Constitution" requirement, the prosecution is our legal oversight body, the so-called legal supervision refers to supervise the implementation of the law, which of course include the implementation of procedural law. Procuratorial oversight of administrative procedural law that is based on this principle. In other words, for the purpose of Inspection and Supervision of administrative proceedings is to protect the administrative proceedings can be conducted in accordance with the relevant provisions of the Administrative Litigation Law.However, since the "Administrative Procedure Law" implemented, the role of procuratorial supervision system of administrative proceedings in the judicial practice play is not ideal. From the data perspective, the annual Inspection and Supervision of administrative proceedings brought little request by the parties to the prosecution, and the prosecution accepted the party requesting the number of cases and administrative proceedings prosecutorial supervision is less. Have occurred on the other hand, the executive administrative proceedings through a variety of means to intervene in common, the court and the executive irregularities in the administrative litigation activities. Visible, demand administrative litigation system and procuratorial oversight function of the system to generate a strong contrast. It can be seen, not litigation does not require administrative practice procuratorial supervision system, but the system itself apart from the problem of Prosecutorial Supervision.Administrative Litigation Attorney Supervision System manifested in many ways, first of all, civil and administrative prosecution agencies merging the compression procuratorial supervision of administrative proceedings; secondly, the way of administrative litigation supervision procuratorial supervision system over a single, simply provides a way to protest an oversight; again, the scope of administrative litigation procuratorial supervision is also too narrow, limiting its oversight functions. This situation formed the administrative litigation prosecutorial supervision system and theoretical study of this system has some weak relationship, but this is not the main reason. Political Background of the administrative state administrative proceedings prosecutorial supervision system mainly due to limited functionality, it is because a strong executive power, while the relatively weak oversight of prosecutorial power is difficult to achieve the executive power. Additionally, do not want to be supervised by the judiciary prosecution of prosecutorial supervision natural conflict. Not only affects the process of administrative proceedings prosecutorial supervision system of legislation, but also hindered the effectiveness of the implementation of the system to play.After procuratorial supervision over the administrative litigation system sound research are generally analyzed the existing problems began idea of specific institutional arrangements, and there is no perfect system of administrative litigation Prosecutorial Supervision should be noted that the analysis of issues and considerations. In fact, the sound of any system must have a clear guiding ideology and ideas. Administrative Litigation Attorney supervision system is no exception, this article procuratorial supervision by examining the administrative litigation practice, a careful analysis of the factors that should be considered administrative perfect suit, a clear premise Inspection and Supervision of Administrative Litigation. Before performing the specific design of the system under the guidance of these premises. The only way to improve the system to make more scientific and more reasonable and more feasible.