Study On Procuratorial Supervision Of Traffic Administrative Coercive Measures

In addition to the introduction and conclusion,the main body of this paper is divided into four parts:The first part introduces the relevant basic theories of procuratorial supervision of administrative coercive measures.First of all,this paper clarifies the concept of procuratorial supervision of administrative coercive measures and discusses its four main features.Secondly,this paper briefly introduces the history and development of procuratorial supervision of administrative coercive measures in China,and then states that its theoretical source is is the Soviet Union procuratorial supervision system,which is positioned as "general supervisory power",and pointed out that the political foundation for the current theoretical and practical exploration of administrative coercive supervision over procuratorial supervision is the Decision on Major Issues Pertaining to Comprehensively Promoting the Rule of Law in the Fourth Plenary Session of the 18 th CPC Central Committee —— The requirement of judicial supervision system for administrative coercive measures of property rights and interests;thirdly,this paper discusses the positive significance of the procuratorial supervision of administrative coercive measures in different aspects,including activating the long-lost-contact legal supervisory function of the procuratorial organ;Finally,this paper introduces the theory of procuratorial functions and administrative supervision systems in countries outside like the United Kingdom,the United States,France,and Germany,and summarizes its useful experience.In the second part,after a brief introduction of the concept,types,and main sources of law of traffic administrative coercive measures,this paper demonstrates and analyzes the necessity and feasibility of carrying out procuratorial supervision on traffic administrative coercive measures.The necessity is mainly reflected in three aspects.First,the power of the traffic administrative needs to be supervised.In the context of the rapid growth of automobileproduction and sales in China,the continuous rise of motorists,and the high road traffic safety accidents,traffic administrative coercive measures that can easily infringe citizens' personal and property rights are frequently and heavily used;Second is the requirements of road traffic modernization of system and capacity for governance.On the macro topic of "promoting the modernization of system and capacity for governance",based on the Worldwide Governance Index(WGI),this paper analyzes the weaknesses of system and capacity for governance,specifically to road traffic,which means that we need to supervise the exercise of the authority of the road traffic management department,establish and improve the procuratorial supervision system of the traffic administrative power,and at the same time enhance the level of road traffic law enforcement by feedback on the effect of supervision of traffic administrative power,and enhance the road traffic law enforcement ability,to promote the institutionalization and standardization of the national governance system,and improve the capacity for national governance;Third,the current supervision methods are weak and cannot effectively meet the supervision needs of traffic administrative coercive measures.The feasibility is mainly manifested in the fact that the procuratorial supervision can not only fill in the shortcomings of the present supervision system for traffic administrative coercive measures,but also has its own unique advantages.For instance,it has a specific and clear object of supervision,and has strong pertinence.The neutral position of the procuratorial organ can make it play an independent supervisory effect.At the same time,as a procedural power,procuratorial supervision,on the one hand,can effectively deal with the problem mainly in procedural aspects of traffic administrative coercive measures,and on the other hand,it starts with procedural issues rather than complex substantive issues,facilitating development of this start-up system.In the third part,although China does not directly implement procuratorial supervision over administrative coercive measures currently,the practical exploration of administrative law enforcement procuratorial supervision,including procuratorial supervision of administrative coercive measures,has produced many positive and beneficial experiences.This part carries out the current situation of the inspection and supervision of administrative law enforcement in various localities from the perspectives of the supervision organization,the principle of supervision,the source of the case,the procedures for supervision(including the means of supervision and the duration of supervision),the way of handling of supervision,and the effectiveness guarantee of supervision.In order to prepare the procuratorial supervision system of traffic administrative coercive measures,the second of this part took119 articles of the second instance verdict of administrative coercive measures as a sample,and concluded that the main issue of up to 35.29% of the losing traffic administrative coercive measure cases is the procedural violations such as the detention period exceeds the statutory period.In the fourth part,on the basis of the problems arising from the above-mentioned,the deficiencies in the supervision of the existing traffic administrative coercive measures and related practical experiences,this paper puts forward and demonstrates the principle of "limited supervision" in order to ease the relationship between the two.In view of the tension between the administrative power and the procuratorial power and the impact on the operation of administrative power that may be caused by the system,this paper proposes and demonstrates the principle of "limited supervision" to ease the relationship between the two;the majority believes that the supervision and inspection standards should end with the legitimate review.After examining the legislative considerations of the legality review of administrative lawsuits,this paper considers that procuratorial supervision is a behavior pattern in which only two parties are involved and that procuratorial supervision is a procedural power feature,enabling it to adopt “legitimate review” and the “rationality review”parallels the supervisory standards;n view of the weak binding force of traditional procuratorial supervision,this paper adopts the forms of prosecution advice,supervising compensation,supporting raising administrative litigation and requiring explanations as the handling of the procuratorial supervision,In the fourth part,on the basis of the problems arising from the above-mentioned,the deficiencies in the supervision of the existing traffic administrative coercive measures and related practical experiences,this paper puts forward and demonstrates the principle of "limited supervision" in order to ease the relationship between the two.In view of the tension between the administrative power and the procuratorial power and the impact on the operation of administrative power that may be caused by the system,this paper proposes and demonstrates the principle of "limited supervision" to ease the relationship between the two;the majority believes that the supervision and inspection standards should end with the legitimate review.After examining the legislative considerations of the legality review of administrative lawsuits,this paper considers that procuratorial supervision is a behavior pattern in which only two parties are involved and that procuratorial supervision is a procedural power feature,enabling it to adopt “legitimate review” and the “rationality review”parallels the supervisory standards;n view of the weak binding force of traditional procuratorial supervision,this paper adopts the forms of prosecution advice,supervising compensation,supporting raising administrative litigation and requiring explanations as the handling of the procuratorial supervision,and adopts the issue of Notice of Correction of Violation,requesting the NPC to intervene,and reporting to the superior authorities of the traffic administrative department and the government at the same level and informing commission for discipline inspection and supervision department as the effectiveness guarantee,ensuring that the procuratorial supervision decision is implemented.