The Dilemma And Outlet Of Administrative Prosecutorial Supervision Outside The Lawsuit

Procuratorate,through the administrative litigation,supervises indirectly the administrative organs according to "Administrative Procedure Law of People's Republic of China".More than this,Procuratorate shall supervise a large number of administrative actions which haven't entered the administrative procedure.The authority of procuratorial supervision should cover not only the litigated but also non-litigated administrative actions.This is an important part of procuratorial power,and also an important link which enhances the influence of Procuratorate in the construction of law-governed China.The procuratorial supervision of non-litigated administrative actions is the supervision,by Procuratorate in accordance with the law,of those specific administrative actions that haven't been sued by administrative counterpart.It is based on the Constitution,national laws and other normalizative documents.It not only meets the demand for decentralization balance and people's rights protection,but also conforms to the mission of the construction of law-governed China.Nowadays neither administrative procedure nor administrative reconsideration runs effectively.Petitions still play an irreplaceable role in resolving administrative disputes as before.However administrative offices fail to function when various interests clash intensely.In light of these,the procuratorial supervision is particularly necessary.Procuratorate of the France,the representative of the continental law system,standing for the public interest,initiates the administrative procedure or directly supervises administrative actions in accordance with law.Procuratorate of the United Kingdom,the representative of the case law system,initiates litigation or supports the administrative cases sued by the civil.In recent years the People's Procuratorate of Huishan District in Wuxi city,carrying out procuratorial supervision of non-litigated administrative actions litigation,has made a number of achievements in terms of prosecution quantity,quality and acceptance.However,the Procuratorate also faces the difficulties of weak foundation,insufficient protection and non-mandatory effect owing to flawed legislation and imperfect procuratorial management system.The procuratorial supervision of non-litigated administrative actions requires improvements in legislation.It should be considered statutory,limited,procedural,ex post and neutral.The scope of prosecution should focus on those specific administrative actions that infringe personal rights,property rights or damage the interests of the state and the public interests.In addition,Procuratorate should standardize handling procedures,be vested with adequate examination authority and apply progressively measures,such as procuratorial suggestion,prosecution supervision,prosecution support,procuratorial writ,administrative litigation and investigation of duty crimes,to support effectively the procuratorial supervision of non-litigated administrative actions.