Research On The Administrative Procuratorial System

It is clearly defined in the Constitution that the prosecution organs is legal supervision,the legal supervision of administrative law is clearly the proper meaning.However,in our judicial practice,the administrative supervision of procuratorial organs is more limited of administrative supervision proceedings,means seem single,far from satisfying the supervision of objective need of government administration.Strengthen administrative procuratorial supervision is particularly necessary in the present moment.However,how to strengthen the concrete?Some scholars believe that the inventory of the existing legal mechanism innovation resources more effective and feasible,some scholars think that should be a radical restructuring.Through the study of theory and practice,that the country should be built as soon as possible of administrative inspection system.This paper focuses on the improvement of the administrative procuratorial system,discusses the following issues.First,how to understand administrative inspection?Secondly,for administrative inspection,what the outstanding issues are exposed in the current status of legislation and judicial practice?Finally,how to improve our administrative inspection system.In the thinking of these three areas,combined with procuratorial system,theoretical knowledge of jurisprudence,constitutional law,administrative law and administrative litigation law and other related disciplines,in reference to the relevant literature,the author tries to explore how to improve Administrative Procuratorial System for related academic research as contribution.This article is mainly composed of introduction,body and conclusion of three parts.The introduction firstly introduces the basis and significance,it concludes that promoting administration according to law,is essential of the prosecution external monitoring force,both needs construction of administrative inspection system;then describes the current research,pointed out that the administrative prosecutorial supervision of the theory itself is not perfect,our system also has its particularity,that promoting this research should be based on national conditions,bold innovation;Next,the innovation of this article,likelihood of completion;Finally,the research methods and main content.The text is divided into four chapters.The first chapter analyzes the basic theoretical issues of administrative supervision.First,analyze the significance of supervision and legal supervision from the literal meaning,leads to the discussion of the procuratorial power and introduce the concept of administrative supervision,describe its ought picture of administrative inspection theory,then introducing the theory of substantive administrative supervision is that prosecutorial power constraints on executive power.Finally points that administrative inspection of the administrative is important.The second chapter,the problem of finding the legislative status of administrative supervision and judicial practice,noting the lack of legislation work of administrative inspection and practical difficulties in the absence of strong institutional support.The third chapter,improving the Administrative procuratorial System,including five parts,expanding the range of supervision,building the diversified methods of supervision,given the prosecution of administrative public interest litigation subject qualification,strengthen the protection of administrative supervision,strengthen internal management of the prosecution administrative supervision.The fourth chapter,analyzes the preconditions of improving administrative inspection system,including the advanced theoretical research and legislation related work.The conclusion,after concluding the paper the author believes that the improvement of the Administrative Procuratorial System,is not only the proper meaning of the procuratorial rights theory,but also Chinese experience in judicial practice.In the moment of ever-expanding executive powers and the lack of effective control mode,by the opportunity of promoting the rule of law and judicial reforming,improving our comprehensive and effective Administrative Procuratorial System is right on the moment.