Procuratorial Supervision Of Administrative Illegal Acts

People's procuratorate is the legal supervision organs of constitution in our country,based on the procuratorial theory and legal position of procuratorial organ in our country,the supervision of the procuratorial organs have the right to administrative law enforcement activities. However, owing to the provisions of the law, at present the legal supervision of procuratorial organs mainly be compressed in the field of lawsuit supervision, administrative law enforcement supervision has been put on hold for a long time, can only slowly in the exploration. Administration according to law as the core content of the rule of law, should be comprehensive and effective supervision as the inevitable requirement and the basic guarantee. The supervision of the administrative law enforcement in China although there are National People's Congress supervision,administrative reconsideration, administrative supervision, supervision, supervision of administrative litigation, etc., but have their own limitations, supervision and actual effect is difficult to guarantee. In recent years, the defect of the administrative law enforcement supervision system caused a lot of social problems,especially in areas such as environmental protection, food security, land expropriation appear a series of malpractice, exceeded his powers, such as corruption we see an endless, fully exposing existing supervision mechanism running effect is not ideal, can't satisfy the interests of the current increasingly diversified demands. Administrative law enforcement activities is under the supervision of procuratorial organ, not only conforms to the power of the prosecutorial power and administrative power their properties,and improve the people's congress system in our country under the power division and should be the choice of restriction mechanism. Only moderately to administrative law enforcement into the supervision of the procuratorial organs, to achieve the return of the procuratorial organs constitutional standard,form a perfect supervision system,guarantee within the scope of the executive power in the constitutional law while running. Now many of the local procuratorial organs in carrying out and strengthening the supervision of the administrative law enforcement activities carried out many bold and beneficial exploration, and accumulated valuable experience, but to break through the bottleneck of the existing system, still need the further research of theory and practice. This article obtains from the nature of the procuratorial authority and legal position, describes the existing problems of administrative law enforcement supervision system, and for the construction of administrative law enforcement of procuratorial supervision system demonstrates the necessity and feasibility. At the same time, the administrative law enforcement surveillance system was described in detail the supervision of the scope,object, principle and application as well as the practice of the existing achievements,in order to work on the theory and practice of the system.The full text is divided into four parts.The first part is the overview of administrative law enforcement of procuratorial supervision system. This part analyses the concept of administrative law enforcement of procuratorial supervision system and explain, from two aspects of theoretical foundation and legal basis, demonstrates the introduction of procuratorial organ in the administrative law enforcement supervision of legitimacy, and through the analysis of the defects in the existing administrative law enforcement supervision system is expounded the necessity of constructing the administrative law enforcement procuratorial supervision system, and finally enumerates the administrative law enforcement of procuratorial supervision,compared with other supervision system embodies the characteristics of.The second part of our administrative law enforcement of procuratorial supervision practice experience and the existing problems. This part from parts of procuratorial organ in the supervision of the administrative law enforcement activities of practice exploration, analyzed the beneficial experience and the main problems.The third part is the countries outside the administrative law enforcement of procuratorial supervision on the significance of our country. This part mainly describes several typical continental law system countries procuratorial organs of administrative law enforcement supervision mode, and summarizes the procuratorial organs in the implementation of administrative law enforcement and supervision are the beneficial experience, as reference for our country.The fourth part is the building of administrative law enforcement of procuratorial supervision system in China. Is the core part of the full text of this part, a detailed discussion on the characteristics of administrative law enforcement procuratorial supervision system, principles, scope, content and specific monitoringprogram.