Research On The Procuratorial Supervision Of Administrative Illegal Acts

Procuratorial supervision administrative illegal behavior is a by the National People’s Congress in accordance with the law vest procuratorial organs of state power,has a far-reaching significance on the inhibition of administrative illegal act.This system is at the exploration stage,a series of problems in the process of operation.Procuratorial organs in the process of supervision over the administrative illegal behavior,in conjunction with the administrative organ short of effective supervision and the amount of illegal administrative effect thereby.In the case of information sources,supervisor and supervisee,seeking rights of information between and among recipients can not get effective docking,the procuratorial organs can’t accurately illegal administrative act,administrative organs of the right remedy cannot receive timely relief,procuratorial organs if talk about supervision and ensure that source is not the case? On the legal basis,the current procuratorial supervision in law for administrative violations of regulations is relatively general,is not conducive to the procuratorial organ to fully exercise the administrative illegal behavior of procuratorial supervision.On the operating procedures,temporarily not form relatively complete administrative illegal behavior of procuratorial supervision system,in the main body of the program start and procuratorial organ is not quite clear,the scope of their functions and powers of this led to the procuratorial organs in the process of running this program cannot be unified.So in the process of running,the system should first clarify the parallel relationship between procuratorial authority and administrative power rather than a "slave" relationship,independently exercise procuratorial authority,avoid the intervention of executive power of procuratorial authority.Case clues to open must be is a difficult and long process,not only need to perfect the procuratorial supervision procedure,also need to make full use of the era of big data,the integration of the case information effectively to cooperate.At the 2017 national attorney general meeting,cao jianmin proposed the idea of "exploring and establishing a platform for the connection between administrative law enforcement and administrative prosecution",which also reflected the new trend of our country to broaden the source of case clues.Further refinement of the provisions of the administrative illegal behavior of procuratorial supervision,improve the authority of administrative illegal behavior of procuratorial supervision system,provide institutional guarantee for procuratorial supervision administrative illegal behavior.To clear the system startup subject,handle the "supervision main body" and "to start the subject" the distinction between these two concepts.On the scope of responsibilities,the adverse administrative decision and administrative decision give good sex illegal activities within the scope of procuratorial supervision in administration,temporarily not abstract administrative illegal behavior should be incorporated into the system within the scope of supervision.Through the investigation,evidence cognizance,opinions,explain the reasons and delivered,reconsideration and responsibility procedure of procuratorial supervision of administrative illegal behavior to run the program to build and improve the system of administrative illegal behavior of procuratorial supervision system.