The Research On The Administrative Law Enforcement By The Procuratorial Supervision System

The author studies on the administrative law enforcement supervision system,and makes use of the legal supervision to put the administrative act in accordance with the law.It promotes the rapid completion of our government under the rule of law.The author expounds the corresponding views from four part :The first part: First,it is legitimate to control the executive power by the procuratorial supervision.It expounds that the procuratorial organ supervises the administrative power not only to have the constitutional foundation,but also to have the legal foundation.The power attribute of the procuratorial organ possesses ability to control public power.It can supervise the administrative act which produced in the course of litigation or non-litigation.Second,it is necessary to control the executive power by the procuratorial supervision.On the one hand,the power of administrative law enforcement needs other public power to control,but the current mechanism which supervisions the administrative law enforcement has defects,at the same time,the procuratorial supervision can make up for the defects,so it is valuable to research on the theory which the administrative power is supervised by the procuratorial power.The second part: The author studies on the concept and scope of the procuratorial supervision of administrative law enforcement,the scope of the administrative law enforcement by procuratorial supervision can't be too wide,the scope of supervision must meet the two basic conditions: one is found in the process of the procuratorial organs fulfilling their legal supervision duties,the other is the focus of supervision.The third part: The author studies on the way and the procedure of supervision of administrative law enforcement.The author explicit supervision mode,such as the procuratorial suggestion,the administrative public interest litigation and so on.The fourth part: The author improves the relevant legislation and mechanism guarantee to promote the operation of the procuratorial supervision power of administrative law enforcement.The author proposes to establish the information platform to sure communication and coordination mechanism and clear communication mechanism to ensure accurate supervision.Finally,the author proposes to formulate "administrative law enforcement supervision law" to determine the legality of legal supervision,and clear the legal responsibility both sides of supervision,the author actively promotes the formation of supervision system which the procuratorial supervision power supervises the administrative law enforcement to realize the fundamental goal that a unified national law is correctly implemented.