Prosecutorial Role In The Administrative Proceedings

This paper mainly discusses about prosecutorial role in the administrative proceedings. According to the provisions of the Administrative Procedure Law, the procuratorate exercises legal supervision in the administrative proceedings. However, it remains to be revealed that how does the legal supervision extend in the administrative proceedings and what role should prosecutors play. For further research, a number of books and papers were involved. On the basis established in the People’s Congress system, a basic research standpoint was formed, from the provisions of prosecutorial power defined by the Administrative Procedure Law, and the judicial practice, as well as theoretical analysis, we are able to analyze the role prosecutorial power plays in the administrative proceedings. Furthermore, obstacles with supervision in the administrative proceedings, and institutional construction were discussed. All the above were revealed in the paper. Meanwhile the properties of prosecutorial power, prosecutorial independence of prosecutorial power, the relationship between the realizations of the prosecutorial power and fair trial were put into discussion. Other tentative study was done to form the original views and suggestions, which are helpful for a more complete administrative procedure system.