The Procuratorial Supervision Of Administrative Law Enforcement

As the saying goes,“written law is not enough by itself”,good legislation can only play an active role in safeguarding people's livelihood and promoting social development through the correct implementation of the executive authorities.Administrative law enforcement activities are the concrete manifestation of executive power and social management exercised by administrative organs.They are related to citizens' basic personal and property rights.They are the microcosm of a country's legal system in daily life and the level of law enforcement.With the law-breaking chaos frequently exposed in recent years,which aggravates the contradictions between officials and citizens and affects the process of the rule of law,we need to constantly improve and strengthen the supervision over the exercise of administrative power.We must “put power in cages” to reduce administrative recklessness and avoid cross-border power.Looking at the internal and external supervision systems of our country's administrative legislation,there are more or less disadvantages: the supervision by the organs of authority and the courts has its limitations,the internal supervision has a limited function and social supervision is weak.This has led to insufficient supervision of administrative law enforcement and limited effectiveness.Therefore,how to improve the supervision of administrative law enforcement activities is related to the establishment of government credibility and the protection of the rights and interests of relatives.Moreover,it is also an important part of China's legal system construction.The 4th Plenary Session of the 18 th CPC Central Committee emphasizes that procuratorial organs should also supervise administrative law enforcement activities on the basis of fulfilling their traditional procuratorial and supervisory powers.Establishing a procuratorial and supervision system of administrative law enforcement is a "golden key" to solve the above problems.Under the system of democratic centralism in our country,the People's Procuratorate is the legal supervisory authority authorized by the Constitution.On the basis of fulfilling thetraditional procuratorial supervision power,procuratorial organs have the power to supervise the illegal acts and administrative omission in administrative law enforcement,which is the proper meaning of improving the prosecution power and also the demand of developing the supervision mechanism of administrative law.In fact,our country has already done some useful attempts on procuratorial supervision of administrative law enforcement.The procuratorate has carried out two years' pilot projects on administrative public welfare and has achieved fruitful results;28th Session of the 12 th NPC Standing Committee has officially established the system of procuratorial organs filing public interest litigation.However,by retrieving the relevant legal provisions,it can be found that the procuratorial and supervisory system of administrative law enforcement in our country does not answer the questions of what to supervise and how to supervise and the results of supervision.These problems are related to the implementation of the procuratorial and supervisory system of administrative law enforcement.When discussing how to construct an administrative law enforcement procuratorial supervision system that conforms to China's national conditions and has the actual supervision effect,the distinction between "administrative law enforcement" and "administrative act" should be distinguished first the scopes of which is not the same..Administrative law enforcement includes specific administrative acts,as well as abstract administrative actions that are detailed in the scope of authorization Accordingly,the object of procuratorial supervision of administrative law enforcement should include this kind of special abstract administrative act.In order to fully play the role of procuratorial supervision mechanism,the activities of procuratorial organs should also have certain boundaries,and follow the corresponding principles,such as appropriateness principle,necessity principle,independence principle and administrative leading principle,etc.,in order to achieve the expectations of the sunny,service-oriented government for the people.With the advancement of the rule of law,the scope and content of procuratorial supervision should be expanded,should not be limited to the post-supervision should not be limited to the supervision of administrative litigation activities only,should not be limited to the legal supervision of law enforcement activities.At the same time,we should constantly improve the way of supervision,and strengthen the supervision of procuratorial suggestions and administrative public interest litigation.It is necessary to advance the supervision work step by step.While expanding the scope and mode of supervision,we should standardize the administrative law enforcement of procuratorial supervision activities by improving the start-up procedure,implementing procedures and attaching importance to the evaluation of supervision results,so that this system can be truly implemented and the functions of supervising administrative law enforcement and safeguarding the rights and interests of relatives can really be brought into play.