On The Improvement Of Procuratorial Supervision Mechanism Against Administrative Omission

In modern society,the continuous expansion of administrative power has become an indisputable fact.The present situation of administrative enforcement of law shows that supervision on the exercise of administrative power is not in place,which displays itself in the frequent occurrence of disorderly conduct,slow conduct and act of omission of the administrative organs.“Administrative omission”,with concealment and negativity,is less prone to be detected,concerned and counted,which has seriously infringed social public interest and the legal interest of administrative counterpart.The frequent occurrence of administrative omissions serve to show that the supervision and control mechanism against illegal administrative omission has yet to be improved.Current regulations on administrative omission mainly include: supervision by the People's Congress,administrative internal supervision,judicial supervision and supervision by public opinion.These approaches have their inherent deficiencies,signifying the necessity and urgency of introducing procuratorial supervision to the supervision of administrative omission.The People's Procuratorate is the state legal supervision organ prescribed by the Constitution.China's regime structure consisting of "the Government,the Court and the Procuratorate" and independent prosecutorial power provide justification and theoretical basis for the procuratorial authority in carrying out administrative law enforcement and procuratorial supervision.Procuratorial supervision against administrative omission is in line with the requirements of checks and balances of state power,the positioning of Constitution of procuratorial supervision,and the expectations of people for the protection of rights and interests.The procuratorial organs should,based on their own special legal supervision advantages,play a more important role in the supervision of administrative omission.Besides,it should,starting with the improvements of legislative suggestion,procuratorial management system,administrative procuratorial supervision mode,and internal and external coordination and cooperation mechanism,keep improving the supervision mechanism against administrative omission.In current stage,we should actively respond to the decision deployment of the Central Committee of CPC in judicial reform.By taking the situation of judicial reform into consideration,we should give legislative proposals such as amendment on the Organic Law of the People's Procuratorates and incorporating the content of administrative law enforcement into specific legal norms.We should gradually establish a system of independent management of property for procuratorial people to ensure the independent supervision status of the administrative procuratorial power.In practice,we should,by flexible application of supervision modes such as procuratorial proposals,supervision and prosecution,administrative appeal,administrative public interest litigation and criminal prosecution,ensure the effectiveness of the supervision of the administrative omission and facilitate the law-based administration of the subject of administration.