Study On The Procuratorate Supervising Administrative Organs

Procuratorate Supervising Administrative Organs as a judicial supervision system to urge the administrative organs to perform their duties in accordance with law, which is proposed by way of prosecutorial suggestion based on repairing the administrative power supervision system. Through several years' exploration, the procuratorial organs have accumulated some experience on how to conduct prosecutorial supervision on administrative organs; however, there are still many problems thereon. Therefore, it is necessary to make research on the concept and the practical operation of prosecutorial supervision on administrative enforcement of law so as to promote the improvement of such system.Apart from introduction, this paper is composed of four parts, about 17,000 words in total.Part One elaborates the concept and historical development of prosecutorial supervision on administrative enforcement of law. Prosecutorial supervision on administrative enforcement of law refers to a legal supervision activity in which the people's procuratorates detect the illegal activities or omission by the administrative organs when conducting the administrative procuratorial functions, incurring serious damage of the state interests, public interests or the legitimate rights and interests of interested parties and thus urges the administrative organs to correct such activities by way of prosecutorial suggestion. Our administrative prosecutorial supervision system has experienced the development process from general supervision, litigation supervision to supervision other than litigation. Since the convening of the fourth plenary session of the 18 th Communist Party of China(CPC) Central Committee, procuratorial supervision on administrative enforcement of law of and ushered in the critical period of development.Part Two makes empirical analysis on the basis of the operation of procuratorial supervision on administrative enforcement of law in C City and its J District. At present, the main practices of C city and its J District are to build “the connection between administrative enforcement of law and criminal justice”,the system of administrative enforcement of law and procuratorial supervision, the system of tracking and emphasizing efficiency and highlighting the awareness of serving the overall interests. The samples adopted are divided into three parts, respectively C City procuratorial organs, procuratorial supervision on administrative enforcement of law by procuratorial organs in J District, C City and the investigation of criminal cases in C City and its J District.Part Three points out some problems in the operation of procuratorial supervision on administrative enforcement of law and its causes. By analysis on the samples, this part points out the problems in the procuratorial supervision on administrative enforcement of law by C City procuratorial organs in case quantity, case source, case scope and supervision method. The main reasons for such problems are the lack of legal provision, unsound work mechanism and difficulty in supervision and other aspects.Part Four proposes suggestions for the improvement of procuratorial supervision on administrative enforcement of law. This part suggests that it is required to take specific measures to promote the development of procuratorial supervision on administrative enforcement of law, including conducting procuratorial supervision on administrative enforcement of law, following the principles of tolerance, legality, public welfare and openness, amending and improving law and regulations, building and improving supporting system, build collaboration system, enriching supervision method, entitling moderate openness to procuratorial suggestion, enhancing the propaganda, improving social publicity and participation, highlighting supervision focus, safeguarding supervision efficiency, strengthening power and duty integration and improving supervision capacity...