The Construction Of An Administrative Procuratorial Supervision System Outside The Litigation

Under the background of building a country under the rule of law and the rule of law,administrative organization at all levels and their staff must be administrated according to law.Therefore,for the state organs with power to have the right to be responsible,supervision over the right to use,illegal work required to be held accountable.The administrative power in our country is expanding day by day,and the administrative power is more closely linked with the life of its citizens than the judicial power.A person’s birth to death are closely related to the executive power,which includes authorized administrative acts,administrative licenses,such as the issuance of a business license,the granting of a degree certificate,and other restraining administrative acts such as revocation of business license and deprivation Personal freedom,seizure of seized property and so on.These administrative acts need to be examined by the administrative authorities.Therefore,once the executive power is abused,it will have a serious impact on the personal and property of citizens.To prevent the abuse of executive power and the existence of corruption,not only requires the executive authorities and their staff to strengthen their own ideological education,but also can not do without external supervision.At present,the supervision over the executive power in our country mainly consists of superintendency of people’s congresses,supervision of supervisory organs,administrative reconsideration,administrative litigation,and social supervision by citizens and the media.Although these supervisory methods have played a certain role in improving the exercise of administrative power according to law,they have not completely solved the problems of administrative behavior.In the Fourth Plenary Session of the 18 th CPC Central Committee,the party established the supervision over the executive power by the procuratorial organs in the form of documents and expanded the scope of supervision of the procuratorial organs.Due to the professional and independentnature of procuratorial power exercising,there are not many restrictions in exercising supervision over administrative power,and the procuratorial and supervisory power is easy to start.It can play an important role in the illegal administrative acts causing personal and property damage to citizens urge to correct the effect,so that citizens should not be late for the justice.The function of legal supervision given by the procuratorial organ is aimed at safeguarding the uniform implementation of the law.At this stage,the newly revised Administrative Procedure Law of our country clearly stipulates that the procuratorial organs may supervise the existence of illegal activities during the administrative proceedings.However,its supervision is mainly supervised by judicial staff in litigation stage and other persons who violate the law.The procuratorial organs did not clearly stipulate that the procuratorial organs should have the power to supervise directly the phenomenon of the acts and omissions committed by the administrative organs when exercising their executive power.This greatly limits the scope of procuratorial supervision.Therefore,after the Fourth Plenary Session of the 18 th CPC Central Committee,the Central Party Committee proposed a system of procuratorate supervision over illegal activities in accordance with China’s national conditions.Its purpose is to expand the scope of procuratorial supervision from a single supervision of the litigation stage to oversight of the administrative organ before the action.Our country’s law has already made clear the law to the procuratorial supervision in the litigation,but has not carried on the detailed stipulation to the administrative illegal behavior outside the litigation.Therefore,the author only discusses the lawsuit and supervision system of administrative illegal outside the litigation.Through the study of this system,based on the researches of scholars,the article gives a comprehensive explanation of the system from four chapters.First of all,this article analyzes the legal basis existing in this system to clarify the legitimacy and necessity of the existence of illegal procuratorial supervision in litigation.Secondly,through the interviews with procuratorial staff and the research of relevant data,the author describes the current practice outside the litigation administration The status of illegal procuratorial supervisionsystem.Thirdly,through the exposition of the present situation of procuratorial and supervisory system of administrative illegality outside the litigation,the author summarizes the advantages and disadvantages of the system in operation;Finally,the author starts from the shortcomings of the system and analyzes The reasons for its inadequacies,from the scholars of the literature on the existence of the system of good places to learn from,and always improve our procuratorial authority on the executive power of the constraints and supervision.The author closely linked with the four problems of administrative illegal procuratorial supervision system outside litigation,put forward some solutions,and hope to provide some useful suggestions for the future development and improvement of the system.