A Study On The Power Of Administrative Prosecutorial Supervision

Administrative power is the state administrative organs and authorized organizations in accordance with the provisions of the Constitution and the law,organization and management of social and public affairs and the provision of public services,is an integral part of state power.Administrative power and the relationship between citizens,legal persons are closely related,the saying goes that "people from birth to death are dealing with the government",from the side reflects the expansion of the executive power,it is closely related,so the possibility of abuse The greater.In 2013,General Secretary of the Xi Jinping in the Eighth Central Commission for Discipline Inspection at the second plenary session of the "cage theory",that is,the power into the system cage,this is because the power needs supervision and control in order to better serve the people.The supervision of the executive power is the inevitable requirement of exercising the legal supervision power of the special legal supervision organ entrusted by the constitution of the procuratorial organ.With the promulgation of the new administrative procedure law and the continuous improvement of the concept of governing the country according to law,the scope and function of the administrative procuratorial supervision are undergoing important changes.This article focuses on perfecting the system of administrative procuratorial supervision power,which mainly includes five parts.The first part is an overview of the power of administrative procuratorial supervision,analyzes the position of the procuratorial organs and the nature of procuratorial power,clarifies the meaning,characteristics and exercising ways of administrative procuratorial supervision power,clarifies the procuratorial power,legal supervision power and administrative procuratorial supervision Rights.The second part mainly defines the scope of the exercise of administrative procuratorial supervisory power,and restricts the scope of administrative procuratorial supervision in the field of administrative law enforcement,abstract administrative action and the field of administrative retrial.The third part is the investigation of the administrative prosecutorial supervision system outside the region,and analyzes the different administrative supervision systems of the United States,Britain,France and Germany,and tries to find the inspiration of perfecting our country's procuratorial supervision power system.The fourth part of the administrative prosecutorial supervision of China's problems are explained,analyze the causes,through the problem analysis to find the source,so as to propose countermeasures.The fifth part puts forward the perfect measures of the system of administrative procuratorial supervision in line with the situation of our country: it is suggested to perfect the legal basis,perfect the function of administrative protest,give full play to the function of procuratorial suggestion,perfect administrative public interest litigation system,construct clue discovery mechanism;The right to supervise the operation of security measures to improve China's administrative prosecutorial supervision system.