Measures Of Administrattve Enforcement Inspection & Supervision System

Our country is in the construction of the rule of law, the implementation of administrative reform stage, eighteen Fourth Plenary Session of the status quo of China’s current administrative law enforcement, in the case of full consideration of the prosecution’s own monitoring capacity, proposed a "perfect involving citizens’ personal, property rights reform deploy compulsory administrative measures to implement the system of judicial supervision", that the prosecution in the process of administrative compulsory measures of supervision and inspection found administrative organs illegal act or omission when circumstances, should urge their correction. Promoting the rule of law and building a government ruled by law, it must be clear limits of executive power, regulate the behavior of the executive. Our authority, the prosecution is exercised prosecutorial power, and therefore it must take responsibility for monitoring and restricting administrative power of responsibility, strengthen supervision over administrative enforcement measures. Executive power inherent expansionary make the executive more or less violate the legal rights of citizens in the course of the exercise of administrative authority, the administrative coercive measures as a specific administrative act of an administrative authority of all the features, such as mandatory expansion and universality. Involving personal and property rights and interests of the citizens, if not its effective supervision and control, could easily be abused, and thus violated the legitimate rights and interests of citizens. Therefore, the administrative enforcement measures prosecutorial supervision is imperative. In the current context of the rule of law reform, the prosecution should be based on China’s national conditions, duties of legal supervision, strengthening oversight of the executive power, the establishment of administrative compulsory measures supervision system in line with our practice, and promote the transformation of administrative power operation mode, the rule of law Government building. This paper demonstrates the theoretical basis for the prosecution of procuratorial supervision of administrative enforcement measures, and then combined with our current judicial practice related to exploration, to supervise the way a relatively complete theoretical design.