The Path Selection Of Procuratorial Organ For Administrative Law Enforcement Supervision

It goes without saying that power is a double-edged sword.On the one hand,it can stabilize the country by centralizing powers.On the other hand,it always induces human's geed of power which ultimately damages the interests of the general public.Power is inherently corrosive and expansive.And this is going to be worse when the expansion of executive power exceeds the judicial and legislative power.Administrative law enforcement,as one of the main ways to exercise executive power,can directly assign rights and obligations to the citizens,and it must be fully and effectively monitored,so that the operation of administrative power is not out of line with the rule of law,but in line with the interests and will of the people.The Constitution of the People's Republic of China provides that the procuratorial organ is the state legal supervision agency,not only has the unique legal status,but also has the neutral attribute.Therefore,the supervision of the procuratorial organ is more credible and persuasive.Judging from the current judicial practice,the way of the procuratorial organ's supervision is mainly through making procuratorial proposals,investigating job-related crimes which can not control the illegal or improper administrative actions effectively.It is necessary to explore a more effective way of supervision in order to ensure the legality of administrative law enforcement.After comparing the effect of various administrative law enforcement supervision path,it can be concluded that the administrative public interest litigation is a better way to supervise the administrative law enforcement activities.Finally,we should establish the scientific system of public interest litigation initiated by procuratorial organ,and put forward our own views and opinions in the aspects of the pre procedure connection,remote jurisdiction and the distribution of the burden of prooforder.In order to enable the procuratorial organs to supervise administrative law enforcement and protect the interests of the state and public.