Comparative Study On The Administrative Inspection And Supervision System

In the environment of the rule of law,the state,society and citizens play a different role.The procuratorial organs' supervision of public administration not only involves the functional orientation of the procuratorial organs in the state power system,but also involves the social role of the procuratorial organ itself.What kind of role the procuratorial organ should play in advancing the progress of the state and social civilization,Theory must answer the question.China's Constitution clearly targeted the prosecution authorities in the legal supervision organs,but from the past two decades of judicial reform process,although the official documents continue to emphasize the constitutional position of the prosecution,but this kind of prosecution should be to what extent,Within the scope of the specific way to monitor the exercise of executive power,in the theoretical circles are still no small controversy.The supervisory role of private rights can,of course,counteract the exercise of public power,but the exercise of private rights is usually guaranteed by public power.It can be seen that the ability to supervise private rights is limited to a certain extent.At this time independent,fair,just,efficient,professional public authority of the supervision and control will be indispensable,administrative prosecutors,the audit is a public power to restrain the public power of the institutional arrangements,although in today's administrative law textbooks This type of oversight model is mostly no longer in the form of an independent chapter,but it is still a very important administrative law system.As a part of China's constitutional theory,the basic theory of procuratorial power in the past when the study mostly local micro,even for the prosecution and administrative power of the study also mainly from the individual relationship,it is difficult to do the prosecution and executive power supervision And the relationship between the supervision of the integrity of the study.The core of the rule of law is the administration according to law,and the premise of administration according to law is to achieve effective power restraint on the basis of the scientific decision-making system,strengthen the supervision of administrative activities,which from outside the administrative system supervision and control has an irreplaceable role The Chinese procuratorial organs as a special legal supervision of the state organs,should be in the process of promoting the rule of law to play an important positive role.Whether the prosecution organ can shoulder the mission of legal supervision is the key to the effective supervision of public administration.To this end,from the perspective of procuratorial supervision and supervision of public administration,a comprehensive analysis of the procuratorial organs in the protection of administrative law enforcement order functions,to explore the inherent law of the allocation of procuratorial power,is conducive to the national administrative power in accordance with the rule of law track play its proper role,Which is conducive to our comprehensive and objective,rational understanding and understanding of the procuratorial functions and the inherent meaning of the administrative prosecution,which is conducive to promoting the scientific and effective allocation of procuratorial power,and ultimately to achieve the legal form of equality and social substantive fairness and justice to find a way out.At the same time,under the framework of the Constitution of the relationship between the two conducted a whole study,will be to explore and prove that China's procuratorial power as an independent and reasonable state power can not be avoided,but also in the eight four But also in the administrative law scope to re-build the administrative prosecutorial system,will help to evoke the criminal law academy and the procuratorate system to re-understanding of the theory of administrative law,in a certain extent,in order to promote the prosecution reform,The degree of prosperity of the administrative law theory,and from different perspectives on the Chinese characteristics of the socialist procuratorial theory of all aspects of research.To carry out systematic research on the administrative procuratorial system,reveal the differences between the different laws,by the different internal organs to exercise the power of prosecution and administrative power between the supervision and supervision of the relationship,in accordance with the requirements of the principle of authority to improve the prosecution supervision of public administration Functional allocation will be an important part of the construction of the administrative law guarantee system.The procuratorial organs can only play a greater role in safeguarding and supervising the administration according to law in the full realization of their supervisory administrative responsibilities.Realize the Scientificization of Administrative Procuratorial System.