The Study Of The Procuratorate Surveiling Administrative Violation

Considerting that China contemporarily crusades to establish a state with adequate system,China's administration is changing from 'rule by men' to 'rule by law'China,s booming ecomony brings not only economic benefit but also numerrous troubles-----environmental pollution,food safty,industrial accident,etc.These troubles could be attributed to aministrative failure.With the authorization of enforcing the law,China' s procuratorate should perform its duty to detect and correct the law violation of administrative syste.This dissertation is dedicated to contitutional condition?authorization?enforment procedure of china's procuratorate.Currently,the topic that procuatorate supervizes administrative violation is still in exploartion stage.More thoeraticla and empirical research would enhance that topic.This dissertation is based on real cases dealed by Yinchuan procuratorate.And this dissertation is comprized of four parts---general condition,main practice,empirical experiece and challenges.It analyzes the situation of procuratorial supervision in Yinchuan,and points out that the scope of supervisory authority of the procuratorial organs in China is not clear,the problem discovery mechanism is lacking;the quality of supervision work is not high and also analyzes the cause of the problem.And then on the basis of theoretical research combined with the practical experience suggest improved procuratorial supervision system of administrative law,at the legislative level to establish the administrative illegal behavior principle of procuratorial supervision,clear the procuratorial supervision and legal basis,perfecting the supervision mode,and giving the right to supervise the investigation.At the judicial level,we should set up the correct supervision idea,make the channels of supervision unimpeded,establish specializedl supervision teams,build internal and external cooperation mechanisms,and set up administrative relief procedures.At the law enforcement level,the administrative organs of the law should abandon the concept of rule by men,improve the quality of law enforcement,improve the internal and external restraining mechanisms,etc.,and promote the healthy scientific development of the procuratorial supervision of administrative violations.