Research On The Right Of Public Prosecution Of The Prosecution In The Administrative Proceedings In Our Country

Since the implementation of the Administrative Procedure Law, amended several times improvement in resolving administrative disputes, promoting administration according to law, protect the legitimate rights and interests of citizens, legal persons and other organizations, has played a very important role. Meanwhile, its social and economic development uncoordinated, inappropriate issues are also increasingly prominent. Reform of Administrative Litigation of China has lagged behind the process of democracy and the rule of socialist construction, reform is urgently needed,especially in the administrative proceedings Procuratorate played effect is unsatisfactory,deeply criticized in many aspects, the Procuratorate constitutional in administrative proceedings play in the legal supervision is also unsatisfactory. To solve these problems,adapt to the rule of law, administrative law and building a socialist country ruled by law and the legal community one building needs, our country is necessary to revise and improve the current administrative procedural law, especially in the administrative proceedings should Procuratorate institutional reconstruction. The current research scholars in the prosecution’s indictment of executive power is particularly weak, and more is to introduce the theory and practice of foreign judicial prosecutors involved in administrative proceedings, and less on its in-depth study. So the research on this topic to build the prosecution prosecution system of executive power is significant.In addition to the introduction and conclusion of this article is divided into four parts:The first part, by conducting an analysis of the status quo of China’s procuratorial organs of power and defects in the administrative proceedings. Through a brief analysis of the law on the prosecution of the functions specified in the administrative proceedings, the exercise of the functions of the status quo, pointing out the reasons for the prosecution of legal supervision in administrative proceedings not fully exercised.The second part, through the introduction of two legal prosecution in the country on the right of prosecution of administrative proceedings and judicial practice,theoretical research, the author draws the two legal systems in common, and put on the right of the prosecution indictment in administrative proceedings inspiration.The third part, from the nature of its functions, the concept of checks and balances,the right to relief theory prosecutors and legal analysis, systematically discusses thenecessity and feasibility of administrative proceedings Procuratorate indictment rights.The fourth part, based on the previous three parts of the combination on from the idea, legislative proposals and other aspects of the public prosecution authority of the prosecution in the administrative proceedings proposal of building proposals.In this article, the author proposes giving innovative Public Prosecution in administrative proceedings, and the prosecution filed an administrative lawsuit to limit the scope to achieve the interests of national and public interests, and supervision of administrative power purposes.