Theory Of Procuratorial Organs For Legal Supervision Of Administrative Act In Our Country

The Fourth Plenary Session of the 18th CPC Central Committee put forward the system of power list, which proved that our executive power is so great and the executive power needs to be restrained. The enlargement and blurring of executive power is harmful for our ruling the country according to the law. So it greatly influences China’s development and is prone to sharpening social conflicts. This thesis intends to further restrain executive organizations through procurator organs. In this way, procurator organ can act as a supervisor as the Constitution expected, and it can also supervise and regulate the administrative behavior of executive organs. The first part of the thesis describes the current state of legal supervision on executive behavior, including administrative litigation procedure, administrative reconsideration procedure, and other ways to solving administrative problems as well as the current theoretical and practical states of procurator organ’s legal supervision on administrative behaviors. It concludes that China’s regulations and restraints cannot supervise executive behaviors effectively and completely only through administrative litigation, administrative reconsideration and other methods of solving conflicts. It is absolutely proper and legal for procurator organ to supervise the administrative behaviors of executive organs. As the present supervisions on administrative behaviors in the aspects of academy, judicial practice and regulations have been introduced, the second part compares and analyzes several systems of solving conflicts and analyzes the feasibility and advantages of the supervision of procurator organ. It concludes that our procurator organ is most appropriate to be the supervisor. The third part introduces how foreign countries regulate on the supervision of administrative behaviors. The fourth part puts forward assumptions of five ways of supervision to help procurator organ act more legally. The supervision methods include:administrative judgment, public interest litigation, prosecutor proposals, supervision on the administrative procedure and sending personnel to participate in the litigation procedure. It analyzes the disadvantages of these methods and raised countermeasures for these five methods.