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Research On The Legal Issues Of Prosecution' Supervision Outside Litigation

Posted on:2018-05-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q H WangFull Text:PDF
GTID:2416330518458984Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The organ of the prosecution,as our national legal supervisory authority,has the power to supervise every aspect of the law.Law enforcement is an important part of the implementation of the law,the prosecution should be subject to its legal supervision.In the country's three major power system,the executive power of the most aggressive and expansion,and most likely to be abused,illegal and administrative rights and interests caused by common.How to effectively supervise and restrict the illegal administrative act is the key step in the construction of the rule of law.At present,the way of supervision and administration is mainly in the form of legislative supervision,trial supervision and internal supervision of the administrative organs.These kinds of supervision methods have wide scope,but they have their own shortcomings and can not make all kinds of administrative crimes The supervision of the implementation of the field there are still supervision of the dead ends,but also can not meet the socialist process of the rule of law in order to achieve administration according to law.As a special legal supervisory organ,the prosecution' organs have played a different role in supervising,supervising the supervision and supervising the administrative organs,and so on,in order to ensure that the administrative acts are legally and properly performed,supervise the creation of a more efficient administrative system and improve the administrative efficiency.,And in the supervision system on the entire administrative system to exert influence,therefore,need to strengthen the organ of the prosecution of administrative action.The supervision of the administrative organs of the prosecution is also known as the administrative prosecution' supervision.The administrative prosecution' supervision is divided into supervision and litigation outside the litigation process.In the course of practice,the way of administrative prosecution supervision is often overlooked.It is of great significance to promote the scientific development of the prosecution' system and improve the prosecution' power of the prosecution' organs by exploring the supervision system of the prosecution' organs in the litigation.This paper starts from the definition of the meaning of administrative prosecution supervision of litigation and clarifies its legitimacy and necessity.From the theoretical and empirical point of view,it discusses the problems existing in the administrative prosecution supervision of litigation and makes a deep analysis of the causes of the problems.The judicial reform of the prosecution and supervision functions,give full play to the prosecution and supervision functions,and effectively promote the administration according to law.
Keywords/Search Tags:Legal administrative act, Administrative prosecution, Power restriction, Administration according to law
PDF Full Text Request
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