Study Of The Range Of Administrative Procuratorial Supervision In China

Procuratorial organs, known also as national legal supervision institutions,constitutionally, supervise executive law enforcement, litigious activities, illegality or impropriety in abstract administrative acts, specific administrative acts and administrative litigation. Specifically, prosecutorial supervision aims at finding out its specific supervisory problems, namely, by figuring out certain administrative actions that are in the charge of procuratorial organs. A clear awareness of the fact that procuratorial administrative supervision also contains the supervision of administrative litigation could better our understanding of the supervisory range of procuratorial organs.This essay consists of five chapters. Chapter one illustrates the theory outline of the supervisory range of procuratorial organs. Chapter two analyses the current situation of the supervisory range of procuratorial organs in China. Chapter three deals with the controversies and critiques of the supervisory range of procuratorial organs. Chapter four gives us investigations of administrative prosecution supervisions abroad and enlightenments for Chinese administrative prosecution supervisions. Chapter five, the key chapter in this easy, offers us suggestion for optimizing the range of domestic administrative prosecution supervisions.Plenty of problems occur theoretically and practically in the implementation ofadministrative prosecution supervision. Mainly can be summarized as follows: great deficiency in legislation; psychological disparity between people’s procuratorate and people’s court; few protested cases concerning administrative litigation; problems remain in terms of range, method and objects of investigation in administrative prosecution supervision; problems concerning the scope of protested cases and their subjects; the level of trial and the limitation of rehearing; the judgment of the validation of the first trial and whether the execution should be stopped immediately once the case is protested; whether the rejecting questions could be judged by demurrer; the retrial of protested cases and how to institute demurrers on the basis of the supervision procedure.Problems stated above have greatly hindered the full operation of legal supervision of the procuratorial organs. They impede the development of legalization in China. Constitutional characterization of the procuratorial organs should be taken into consideration for us to comprehensively understand the administrative procuratorial system. According to article 129 stipulated in the Constitution, “The people’s procuratorate is the national legal supervision institution.” Thus as a national specialized institution for legal supervision, the procuratorial organs are designed to exercise procuratorial power in order to ensure the unified and proper implementation of national laws, which includes law enforcements of administrative authorities at various levels and judicial acts of judicial organs at all levels. Proceeding from the fundamental objectives of the supervision system, constitutional characterizations of the procuratorial organs and the basic rules of procuratorial supervision, the range of administrative procuratorial supervision should cover executive law enforcement,administrative litigious activities, abstract and specific administrative acts, and administrative litigious activities joined by administrative organs, judicial organs and related administrative personnel.We should define the range of administrative procuratorial supervision in terms of the procuratorial organs’ constitutional characterization instead of being restricted in some specific judicial interpretations of Administrative Litigation Act. If so, we would interpret restrictively the range of administrative procuratorial supervision,which would turn out to be no good in solving problems. In chapter five, the most important chapter, the author defines administrative procuratorial supervision as national legal supervision organ’s lawfully implementation of legal supervision in order to ensure the unified and proper implementation of national laws in executive law enforcements and in administrative litigation. Furthermore, suggestions have been put forward to optimize China’s range of administrative procuratorial supervision.First of all, we should improve administrative procuratorial system and administrative protest system, enlarge the application of procuratorial suggestion and establish administrative public interest litigation. Secondly, we should expand and perfect the range of administrative procuratorial supervision, endow more right of administrative prosecution to procuratorial organs and more supervision power to them against abstract administrative acts. In conclusion, the author hopes to make clear the range of administrative procuratorial supervision in light of law so as to establish a relatively complete administrative procuratorial system with joint efforts from various aspects,which could also provide theoretical basis for the enrichment of China’s administrative procuratorial system.