On The Power Of Procuratorate To Supervise Executive Branch

The eighteen of the communist party of China according to the report, the fourth plenary session of the procuratorial organs during their performance of duties found illegal administrative organs exercise their functions and powers or not the behavior of exercise their functions and powers, shall supervise its correct. Procuratorial organs as legal supervision organs of the constitution, to supervise administrative organs of the administrative law enforcement activities. This article from the nature of prosecutorial power in China, China’s procuratorial supervision and inspection and legislative example retraces the history of executive power to considerations, procuratorial supervision of administrative power is a important way of the return of supervise administration according to law and impartially, also with Chinese characteristics and adapted to China’s political system of the rule of law practice, in the legal history of ancient China, there are also related to system roots. Through the analysis of the necessity of procuratorial supervision of administrative power and the procuratorial organs direct supervision administrative behavior in recent years exploration practice, discusses the feasibility of China’s procuratorial authority to supervise administrative behavior, improve the effect of the procuratorial supervision of administrative power.Investigate the current status of prosecution of procuratorial supervision of executive power in our country, the supervision and administration authority in the field of administrative litigation supervision, there are some problems of administrative activities. Mainly exist in the administrative litigation structure imbalance, lack of the legitimate rights and interests protection in administrative litigation, administrative litigation, the lack of procuratorial supervision, accusing the administrative prosecution, there is also a lack of legal basis, limited scope of supervision, supervision and single source of cases, such outstanding problems as lagging supervision mechanism. Needs to be set up and improve the procuratorial authority of administrative power of procuratorial supervision and effective legal system, strengthen the legal theory foundation research, strengthening procuratorial organ actively fulfill their duties and spontaneous accept supervision by the administrative department of consciousness.Perfect the procuratorial supervision and the supervision system of executive power, to build diversified procuratorial supervision in administration mode. To general legal supervision of administrative behavior, in the process of system development before maturity gradually improve inevitably restricted by the supervision of existing deficiencies and defects, which requires our continuous innovation and development of supervision of path, the deepening and strengthening legal supervision of procuratorial basic theory research, especially the necessity and feasibility of strengthening procuratorial supervision over the executive power of the study. Build with Chinese characteristics of procuratorial authority of the legal supervision system of executive power, is an important innovation of China’s rule of law practice and exploration, is the important way of constrained between the power and the power, is the only way for the construction of rule of law society!...