Research On Zhe Prosecution Supervision System Of Administrative Proceedings

The prosecutorial supervision system of administrative proceedings refers that during the whole administrative lawsuit, the people’s prosecutorial organ as a administrative lawsuit participant exercise supervision over the court. In China, the prosecutorial supervision power of administrative lawsuit has been legislated and protected as an important supervision power of prosecutorial organ, even though it was slightly badly affected by the legal environment, the defect of the prosecutorial supervision system of administrative lawsuit is becoming seriously obvious because of a heavy load of administrative lawsuits rooted from the quick political and economic development and the refinement of the idea of rule of law, so it’s an urge that the prosecutorial supervision system of administrative proceedings need to be modified.The prosecutorial supervision system of administrative proceedings owns the function of legal supervision, power restriction and human right protection which could effectively guarantee the legal interest of human being as the weak during administrative proceedings. However, this system has lost its’significance because of the lack of legislation resulting in the uncertain boundary, restricted measures of only counter appeal and prosecutorial suggestion, delayed procedure and so on.According to these problems, the writer combined the social reality and the subjective pleadings of power control and right protection by employing the social analysis method, innovatively establishing four principles of the prosecutorial supervision system of administrative proceedings, which are legal supervision principle, power limited principle, right protective principle and based on national condition principle. On the basis of adhering to these principles, combined with the actual reference of current relatively perfect criminal litigation, civil litigation prosecutorial supervision system, aimed at the problems and causes existing in our current the of the prosecutorial supervision system of administrative proceedings, and puts forward the feasible suggestions to perfect, innovation and providing the prosecutorial organ should start the implementation of supervision from the prosecution stage administration the lawsuit, to cover the entire process of administrative proceedings, prosecutors should be stipulated in law of administrative litigation activities participation rights, access to review the files right, the right of investigation and evidence collection and preservation of evidence right, limited to clear to the court documents transfer limitation, to establish administrative public prosecution system, appeal system to advance the current intervention point, expand the scope of supervision afterwards, to change the status of the provisions, can put forward the right to put forward retrial prosecutorial suggestions and other prosecutorial suggestion of prosecutorial organs. Further granted the prosecution appeal procedure right of protest. The specific provisions of the prosecutorial organs take new trial dossier, investigation and evidence collection behavior norms of the prosecutorial organ and the detailed rules for the prosecutorial organs should also strengthen the team construction, strengthen the administrative law talents, to improve the ability of administrative litigation supervision. At the same time, the establishment of effective measures, handle the relationship between prosecutorial organ and the court and the government etc..The modified suggestion of this whole paper closely fit in the reality of our current legal environment and cut into the people’s prosecutorial organs and people’s courts and legislatures, administrative organs of the operating mechanism with strong pertinence and maneuverability, struggling to offer some reference about establishing the certain adaptability and the advanced prosecutorial supervision system with Chinese traditional legal culture.