Study Of Procuratorial Power Configuration In Administrative Litigation

Due to many reasons in history, prosecutorial power have been detained in barriers in the field of criminal proceedings in our country for a long time. With the modernization of the right to appeal and social constraints in the litigation theory and the power, prosecutorial power is no longer confined to the field of criminal proceedings. On the contrary, it is in the area of civil litigation and administrative proceedings which also have a wider space. It is clear provisions of our Constitution and the Administrative Procedure Law, which Prosecutors have the right to supervise the implementation of the law in administrative proceedings, and providing a legal basis for administrative proceedings. However, due to the legislation content lacking of prosecutorial power in the administrative proceedings, authority, supervision methods and scope of the provisions, maneuverability, coupled with weak legal reasons theoretical research supervision, procuratorial power functional position in the administrative proceedings fuzzy don’t make effect.It is very difficult to maintain and supervise the executive effective exercise of administrative powers according to law, which restrict the prosecutorial power to highlight the value and the objective function.Faced with the people and the rule of law China building new expectations of the new government requirements, how to scientificly configurate expansion and application of prosecutorial power in administrative proceedings, is a academic proposition between theory and practice into one. In-depth study of this issue, the author not only has important theoretical guidance value to our terms of reconstruction of prosecutorial power run in the administrative proceedings, but also promotes the rule of law, administration according to law background in our current comprehensive.The article is more considerable practical significance. Therefore, the prosecutorial power configuration in administrative proceedings use by researching methods comparative analysis, empirical analysis, from the perspective of power relations and rights, combining with our practical legislative and judicial administrative proceedings, the prosecution argument in the full exercise procuratorial power of the theoretical basis and practical background in historical development,and draw foreign legislation to construct consistent with national conditions and laws of judicial administrative proceedings prosecutorial in our country.In order to improve the administrative proceedings configuration of prosecutorial power, China must firstly improve the relevant legislation, regulate the exercise of prosecutorial power range of ways to expand the exercise of prosecutorial power, clearly the exercise of prosecutorial power program, institutionally protect independent exercise of prosecutorial power; Secondly, we must strengthen the effectiveness of the exercise in prosecutorial power, refine and improve the existing system and prosecutorial protest the proposed system to improve the execution of prosecutorial power; Again, through the construction of executive power indictment prosecutors, it clear ly exercise of prosecutorial power in the field of public interest litigation on the scope of supervision and program execution; Finally, propose to establishing civil administration prosecutors to the exercise of prosecutorial power evaluation system and improve the exercise of prosecutorial power in the administrative scientific proceedings.