The Administrative Law Enforcement Of Procuratorial Supervision Problem Research

Along with our country to promote the rule of law, the construction of the government by law to speed up the process, to effectively regulate administrative power in accordance with law, we must strengthen the restriction and supervision of administrative power. Although the administrative supervision system of our country has developed a relatively complete and mature, but at present there still exists many obstacles and defects, in regulating the operation of administrative power did not play to effectively control the abuse of administrative power, administrative law enforcement practice still appear a large number of illegal phenomenon of the lack of effective power supervision. Although the right of administrative supervision system reform is slow, but in recent years the prosecution the right of legal supervision has caused the attention of the theory circle and practice circle, trying to proves the necessity and legitimacy of the procuratorial supervision over administrative law enforcement from the theory and practice, in order to establish administrative enforcement of law of procuratorial supervision system to effectively control the abuse of administrative power.The people's Procuratorate of China's specialized organs for legal supervision, the legal supervision of the constitutional duties, therefore, not only have the right to supervise the judicial activities, it shall have the right to supervise administrative law enforcement activities. The administrative law enforcement supervision refers to the procuratorial organs to ensure the unity of law, legal supervision according to law to the administrative body of the implementation of the specific administrative act in violation of legal norms of. In recent years, the procuratorial organs in some places in order to carry out the about violations of administrative law enforcement of procuratorial supervision practice exploration, has accumulated effective experience, but is also facing such as the lack of legal basis, the scope of supervision is not clear, supervision procedure is not perfect, supervision means a single and lack of coercive power etc. a series of problems and difficulties, urgent need to strengthen the further research to solve from the theory and practice.This paper is divided into six parts:The first part introduced the research background of the procuratorial supervision over administrative law enforcement and significance on theory and practice, research status of the current administrative law enforcement of procuratorial supervision, and research methods and main points and innovation; the second part discusses the necessity of the procuratorial supervision over administrative law enforcement. From two aspects of the existing problems of administrative law enforcement and the difficulties faced by the administrative law enforcement supervision system, this paper discusses the necessity of the introduction of the procuratorial supervision.The third part analyzes the feasibility of the procuratorial supervision of administrative law enforcement. This paper discusses the practical feasibility of the procuratorial supervision of the administrative law enforcement from three aspects of the legal basis, the practical basis and the attribute of the procuratorial power. The fourth part introduces the current operation status of the procuratorial supervision of administrative law enforcement. From the formulation of the specific basis for supervision, set up a special supervision mechanism, flexibility in the use of supervision means and the innovation of work mechanism etc. to introduce innovative practices in the current administrative law enforcement and prosecutorial practice; the fifth part in the light of the difficulties faced by the current procuratorial supervision over administrative law enforcement is analyzed. Mainly from the legal basis, supervision power, the scope of supervision, supervision procedures, mode of supervision and monitoring the clues to the six aspects to analyze the problems existing in the current administrative law enforcement of procuratorial supervision process; the sixth part are discussed in detail the ways of perfecting the procuratorial supervision over administrative law enforcement. From six aspects of legal basis, supervision power, supervision scope, supervision procedures, supervision methods and sources of supervision, this paper puts forward specific ideas to improve the way to improve the supervision of administrative law enforcement.Study on the writings of the existing administrative enforcement of procuratorial supervision based on the combination of some current procuratorial organs of the administrative law enforcement of procuratorial supervision operation situation, starting from the theoretical and empirical perspective, using the research methods of literature analysis, case analysis and value analysis, in-depth discussion on the difficulties and problems faced in the process of the current administrative law enforcement supervision. Put forward concrete suggestions from six aspects, in order to solve the absence of the procuratorial organs of legal supervision to the administrative enforcement of the administrative supervision system, and promote continuous improvement, give full play to the function of legal supervision of the procuratorial organs, so as to better guide the practice of administrative law enforcement of procuratorial supervision work.