Research On Administrative Procuratorial Supervision System

Administrative power has those characteristics of initiative,expansion and discretion.It can directly participate in the allocation of social resources.This is different from the jurisdiction as the right to judge.So,the exercise of administrative power is liable to emerge from the orbit of the rule of law.In real life,it is not uncommon for the administrative organs to exercise their functions and powers illegally or not to make their functions and powers.But the existing mechanisms for oversight by the administration do not work well.With the gradual return of the legal supervision function of the procuratorial organs,the construction of administrative procuratorial supervision system is the proper meaning of the construction of the government ruled by law.At present,the research on administrative procuratorial supervision is mainly limited to the supervision of the results of administrative litigation by the procuratorial organs.There is little research on administrative procuratorial supervision from the level of state power structure.In this paper,the administrative procuratorial supervision is divided into two forms:prosecutorial supervision of administrative litigation and procuratorial supervision of administrative malfeasance.Prosecutorial supervision of administrative litigation is that the procuratorial organ shall exercise supervision over the administrative organs through administrative proceedings or by attaching administrative proceedings.Procuratorial supervision of administrative power has these problems of migration,supervision gaps,administrative litigation legislation flaw.The paper holds that the administrative organs should carry out all-round supervision over the administrative cases,the filing of cases,the trial and enforcement of administrative cases,and the establishment of the administrative public interest litigation system.The procuratorial supervision of administrative malfeasancethe is that procuratorial organs directly supervise the illegal activities of administrative organs.There are mainly such problems as lack of supervision legislation,narrow supervision scope,unclear supervision procedure and uncoordinated supervision mechanism.About the scope of supervision,This article holds that we should only supervise the cases with relatively high social attention,relatively large influence on the relative people and the lack of the existing supervision mechanism.About procedures and Legislative Coordination,when the procuratorial organ discovers that the administrative organ has the illegal behavior,the procuratorial organ can conduct a legal examination of the case in accordance with the application of the counterpart or in accordance with its functions and powers and send procuratorial suggestions to the illegal administrative organs.When the procuratorial organ does not adopt procuratorial suggestions,the prosecution shall support the prosecution in light of specific circumstances or arouse the administrative public welfare lawsuit.Through the overall review and analysis of administrative procuratorial supervision,really make the procuratorial organs return to the constitutional orientation and construct a rule of law model according with China’s national conditions.