Preliminary Studies For Procuratorate Organs’filing System In Administrative Proceedings

To ensure the operation of the legal supervision power of procuratorate organs and the diversification of supervision channels, are the reform directions of procuratorate organs’ supervision system, which are the research background of this paper. The paper starts with the analysis of the existing problems of procuratorate organs’ supervision system, then tries to find new ways to solve them. The main idea of the paper is the construction of procuratorate organs’ filing system in administrative proceedings, which is for the improvement of procuratorate organs’ supervision system.We should pay more attention to the right of supervision. The separation of powers is a fundamental theory about the construction of political law system in capitalist countries. It’s the mainstream classified method that separate powers into legislative power, law enforcement power and judicial power. However, the separation of powers notion is not perfect, the right of supervision is not given sufficient attentions. Supervision is an indispensable part of the operation of law. For China, Legal Supervision System is even an important part of the socialist legal system with Chinese characteristics. In order to improve the division of powers, we should separate powers into legislative power, law enforcement power and supervision power. Law enforcement power includes administrative power and judicial power. Supervision power will be emphasized.A perfect legal supervision system needs improvement of synchronism. There are many problems in procuratorate organs’ supervision system, such as the small scale of supervision coverage, the limitation of supervision methods, the abnormalization of proceedings and so on.But the fundamental problem is the achievement of synchronism. The synchronism of procuratorate organs’ supervision means that procuratorate organs should closely track judicial activities, to achieve all-round and full-process supervision. To improve synchronism is the key to procuratorate organs’ supervision system in administrative proceedings.Information capture can play a positive role in improving synchronism. Supervision information is the basis and prerequisite of the operation of procuratorate organs’ supervision system, and has a direct impact on this system. In administrative proceedings, procuratorate organs exercise their powers without knowing the specific situation of cases and judicial authorities, which is an obstacle to procuratorate organs’ supervising. So information capture is the key of the reform of procuratorate organs’ supervision system.Procuratorate organs’ filing system favors information capture. To apply filing system,which means that judicial organs must put official information on file to procuratorate organs,can effectively break the difficult position that procuratorate organs have faced. Procuratorateorgans can understand the specific situation of cases and judicial authorities better. Together with procuratorate organ court system,which means procuratorate organs have rights to send procuratorial personnel appear in court, supervise extraordinary or important cases.Procuratorate organs’ filing system not only can achieve all-round and full-process supervision, but also can help procuratorate organs achieve normal operation. It is not only the basis and prerequisite of the improvement of procuratorate organs’ supervision system, but also the implementation of the principle “administration according to law” and the principle“ fair justice”.To construct the procuratorate organs’ filing system, there are three key items must be paid attention to. Firstly, ensure the construction of all-round and full-process filing system.Procuratorate organs supervise the whole system of administrative proceedings, so the filing system must aim at the whole system of administrative proceedings, too. Secondly, there must be restriction for judicial organs. If filing system doesn’t have coercive force, judicial organs would refuse to put official information on file, and the filing system would exist in name only. In future legislation, the principle of "no record no effect" can be incorporated into the legal texts. A written judgment doesn’t come into force until it is put on file, which can urge the people’s court to fulfill its obligations. Thirdly, deal well with the relationship between the procuratorate organs and other national organs. When procuratorate organs exercise the power of filing, judicial independence should be protected. As People’s Congress’ s execution organs,procuratorate organs should exercise the functions and powers legally, and be responsible to the People’s Congress.