Administrative Law Enforcement Of Procuratorial Supervision In Research

Based on considerations of social development and time efficiency, executive power rapid expansion in recent years. Along with the advancement of the rule of law strategy and the process of legalization in our country, the public puts forward higher requirements on administrative law enforcement. We must strengthen the supervision of executive power and regulate administrative enforcement powers running in rational way. The people’s Congress legislative supervision is difficult to implement. Judicial oversight is limited to litigation. Internal supervision of the administrative organ will inevitably protect the interests or the prestige of the executive. Social supervision effect is very limited due to the participants instability and lack of coercive power. Under our constitutional system,carve into the procuratorial authority to supervise the executive power, and full play the supervisory authority of procuratorial organs which stated in the constitution, which to restrict excessive expansion of executive power at the same time to protect the legitimate rights of the administrative counterpart is a good way to deal with the chaos of the administrative law enforcement. On the other hand, it is also the needs of promoting the rule of law, developing socialist democracy, and constructing market economy.People’s procuratorate is the national legal supervision organs which is stated in constitution, the political structure of congress producing the government and the judiciary and the power settings of parallel independent prosecutorial power and administrative power, provided legitimacy and theoretical basis for prosecutorial power supervise administrative power. There are chaos in the current administrative law enforcement activities, the prosecution has a comparative advantage and significance in relation to other subjects when supervise the enforcement power, therefore, the procuratorial organs are needed to carry out the procuratorial supervision of administrative law enforcement.According to the research and confusion of Changdejingshi, Yueyang, Liuyang in Hunan province, procuratorial supervision of administrative law enforcement should start from strengthening protest functions, giving full play to the functions of procuratorial suggestion, exploring the establishment of public interest litigation, establishing a independent management system of human and financial, and giving full play to the functions of criminal prosecution.