Study On The Prosecutorial Supervision Of Administrative Omission

Administrative omission refers to the situations where administrative organs negatively and loosely exercise their administrative powers and job responsibilities.In daily life,administrative omission can be reflected in different forms,which can directly or indirectly violate public interests as well as legitimate rights and interests of citizens.In China,administrative omission is deviated from China's goal of building a service-oriented government and a law-based government.Thus,strengthening of administrative omission has become an imperative.So far,China has set up diverse supervision mechanisms,including National People's Congress(NPC)supervision,judicial supervision,procuratorial supervision and administrative supervision,against administrative omission.All these mechanisms supplement and coordinate with each other to effectively guard against and curb negative consequences of administrative omission.As the legal supervisory institution stipulated by China's Constitution,procuratorial organs are in a position to fully supervise administrative behaviors,including administrative omission.This constitutes a major part of procuratorial organs' functions.The Fourth Plenary Session of the 18th CPC Central Committee put forward the requirement of reinforcing procuratorial organs' supervision of administrative organs'failure to perform their duties,reforming the national procuratorial institutional reform and depriving procuratorial organs of the anti-corruption functions.In response to the call,procuratorial organs inevitably need to shift the focus of procuratorial organs from guarding against and clearing corruption in the past to legal supervision.Against the backdrop,it is an issue of great concern about how procuratorial organs should give full play to their professional advantages and strengthen supervision of administrative omission through the institutional reform and method innovation.By doing so,procuratorial organs can safeguard standard and correct implementation of national laws,effectively fulfil their function to safeguard national and public interests as well as legitimate interests and rights of citizens,legal representatives and other organizations.Procuratorial supervision of administrative omission involves handling of the relationship between procuratorial rights and administrative rights.Supervision of administrative rights is not equal to administrative decision.Therefore,procuratorial supervision should adhere to the principle of legality and restraining.Meanwhile,procuratorial supervision of administrative omission is just a component of a diverse supervision mechanism.It is impossible for procuratorial supervision to fully replace other supervisory style.Under the prerequisite of independence,procuratorial supervision should seek collaboration with other supervision mechanisms.This means that procuratorial supervision of administrative omission should adhere to the principle of independence and collaboration.Despite of adequate jurisprudential,legal and factual basis for administrative omission procuratorial supervision in China,there are many problems,such as a narrow supervision scope,inadequate supervisory styles,lack of supervision legal effect and supervision procedures.Concerning these problems,this paper puts forward the following suggestions,including improving the legislation and procuratorial institutional reform,expanding the supervision scope of administrative omission,increasing more types of supervisory styles,strengthening the legal effect of supervision,and bettering the supervision procedures.All these suggestions are highly targeted and practical for the above problems.