Study On The Pro Curatorial Supervision Of Administrative Coercive Measures

Despite the strong cooperation of the legislative,judicial and administrative agencies,the current state of administrative law enforcement in our country has greatly improved over the previous period,and it has gradually moved forward in the direction of formal legality and substantive and reasonable progress,however,from the concrete cases in practice,there are still many deficiencies.Combining with the current situation of administrative law enforcement in China,The Fourth Plenary Session of the 18 th CPC Central Committee proposed to "improve the implementation of the judicial supervision system for administrative coercive measures involving citizens’ personal and property rights." This is an important decision that has been made after analysing the current situation of administrative enforcement in China and combining the supervision capabilities and supervision of the procuratorates themselves the process of conducting pro-curatorial supervision over administrative coercive measures,the procuratorial organs have the obligation to urge the administrative organs to correct their illegal or ineffective acts in the course of performing official duties.Proceedings should be based on the theoretical for prosecutorial supervision of administrative coercive measures,the affirmation of the pro-curatorial authority’s independent exercise of the power of procuratorial supervision through the highest order of the law,provide legal justification for the procuratorate to supervise the implementation of administrative coercive measures;through the analysis of the respective nature of administrative coercive measures and prosecution supervision,and the theoretical basis for supervision of administrative coercive measures by the procuratorial organs,the legality and rationality of this system are proved;by comparing the inspection and supervision systems of administrative coercive measures of various countries outside the territory,The design of the procuratorial supervision system for administrative coercive measures in China draws on and absorbs the advantages and disadvantages of each of them;on the design of the system,the principles,standards,scope,and methods and procedures applicable to the procuratorial supervision system of administrative coercive measures should be followed.In the aspect of designing,this system will be operated in accordance with the general mandatory and immediate mandatory model for targeted procuratorialsupervision,with a view to making it possible to become a set of complete system standards with practical significance;finally,how to improve the administration The safeguard mechanism of the procuratorial supervision of compulsory measures will be supplemented,and it is hoped that it will be able to do a little effort for the relevant research on the procuratorial supervision system of administrative compulsory measures in our country.