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Theory Of The Troubles And Perfect In Chinese Administrative Procuratorial Supervision System

Posted on:2015-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:J G XiongFull Text:PDF
GTID:2296330467958677Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Put forward the slogan of "administration according to law" in China for manyyears, perform of the executive power still doesn’t get effective and reasonable limitsin reality, the important reason is that the system of administrative procuratorialsupervision is not sound. So the research on the procuratorial supervision inadministration is very urgent and necessary, this article combines and brieflyevaluates the main administrative procuratorial supervision and relevant theoryrecently, proposing own view, in order to build perfect administrative procuratorialsupervision control system to provide the reference.In the process of research of the current procuratorial supervision inadministration, Some scholars are focus on the technical level of research, the mainresearch direction has deviated from the nature of administrative procuratorialsupervision system; other scholars is deep within the details description onadministrative procuratorial supervision, while ignoring of the positioningadministrative procuratorial supervision system from a macroscopic view, nooutstanding role in construction of rule of law, the arguments and evidence does notcoordinate with each other. Therefore, the research idea of this article will be guidedby the "sovereignty" in the theory of jurisprudence, comprehensive four subjects injurisprudence、 prosecution、 administrative、legislative science, aiming to structureadministrative procuratorial supervision system that meets the requirements of themodern rule of law society. The general idea of this article will be exploring and analyzing from four aspects:first, to the theoretical guidance of administrative procuratorial supervision system,correcting some previous scholars’ not appropriate concept, locating the role ofadministration procuratorial supervision in the national legal supervision system,doing a clear identification in the basic theory and connotation of administrationprocuratorial supervision’ concept、nature、characteristics、 objects, then drawinglessons from the advantages and disadvantages of foreign administrative procuratorialsupervision system at the same time, preliminary structuring the theoreticalframework of administrative procuratorial supervision system; The second part isstarting from the practical difficulties of administrative procuratorial supervisionsystem, aimed at deeply mining the problem and difficulty faced by administrativeprocuratorial supervision system, to provide reasonable basis for further exploring thesolution. mainly expanding on account of the problems that administrativeprocuratorial supervision is non-standard in exercise、vulnerable to interference、fuzzyto realistic operation objects, and conducting a comprehensive assessment andanalysis in how to use administrative litigation to supervise executive power; Thethird part is elaborating on the theoretical dilemma of administrative procuratorialsupervision system in detail, as reasoningly explaining the legitimacy of system, andidentifying the limitation and range of administrative procuratorial supervision, thusfurther correct understanding of administrative procuratorial supervision system in ourcountry; The fourth part is focused on the improvement of the administrativeprocuratorial supervision system, summarizing the research achievement that currentscholars have made, absorbing from the height of jurisprudence, proposing some ideasabout perfecting administrative procuratorial supervision system, and estimating thepossible problems and transformation of administrative procuratorial supervisionsystem during the course of future development.
Keywords/Search Tags:Supervision, Restrict, Administrative, Procuratorail Supervision, Administrative Malfeasance
PDF Full Text Request
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