Research On Supervision And Correction System Of Procuratorial Organs

The resolution was passed in the fourth Plenary Session of the 18 th CPC Central Committee<The decision of the Central Committee of the Communist Party of China on several important issues of promoting the rule of law in an all-round way>(Hereinafter referred to as the <decision>),For the specific implementation of the < Decision >,According to the procuratorial work,the Supreme People's Procuratorate has put forward the opinions on the full implementation of the <Decision>(hereinafter referred to as <opinion>).< Decision > requirements to improve the socialist legal system with the Constitution as the core Chinese characteristics,improve the implementation of the Constitution and control system.In response to this request,the Supreme People's Procuratorate has responded in the <Opinion>,that is to strengthen the supervision of illegal administrative acts,establishing the supervision and correction system for the illegal acts discovered in the performance of duties.With the rapid economic development,the social division of labor is refined,in order to make social life orderly,Administrative management has to permeate all aspects of social life.But with the continuous expansion of administrative power,there are more and more problems exposed in the exercise of administrative power,there are laws but little observation of them,slack law enforcement,selective law enforcement,the abuse of power and other phenomena occur.To cope with this situation,we should strengthen the supervision on administrative behavior,in addition to the National People's Congress,the party and the masses,internal supervision,the procuratorial organ as the special supervision organ of the state;it should play a key role in the supervision of the administrative act.This article mainly thinking through the procuratorial organs supervising the administrative organs,procuratorial discussing the rationality,problems and Countermeasures of establishing and perfecting the procuratorial supervision and correction system of illegal administrative acts.In addition to the introduction,this paper is divided into the following four parts:The first part is summary of Supervision and Correction system of Procuratorial organs.The main purpose of this system is to urge the administrative organs to administer according to the law by putting forward the system of supervision and correction of procuratorial organs.Combined with the present situation of our country,to expounds the significance of establishing this system to promote the rule of law,perfect the supervision system,and realize the constitutional status of procuratorial organs.The second part is the background analysis of the procuratorial organs urging and correcting the system.First,it probes into the way of supervising administrative behavior by administrative procuratorial supervision in our country at present,the correction of illegal administrative acts mainly depends on the supervision of administrative litigation.the correction of illegal administrative acts mainly depends on the supervision of administrative litigation.In addition,the limitation of other ways of supervising administrative action leads to the lack of administrative supervision.Therefore,it is necessary to establish the supervision and rectify system of the procuratorial organs.Then based on the comparison of the functions of foreign procuratorial organs in administrative procuratorial supervision,to probe into the possibility of supervising and correcting Administrative behavior by Procuratorial organs.The third part is the theoretical explanation of the supervision and correction system of procuratorial organs.The principle of procuratorial organs urging and correcting administrative behavior is mainly derived from the constitutional system of "one government,two courts" under the authority of our country,and the constitutional orientation of our country's procuratorial organ as the legal supervision organ.In the process of establishing a system of supervision and correction by procuratorial organs,the following principles should be adhered to: independent procuratorial principle,principle of supervision according to law,timely supervision principle,exhaustion of administrative principles.Scope of supervision and correction by procuratorial organs,first of all,we should break through the limits of administrative litigation,inclusion of administrative acts not in the legal process in the scope of supervision.Secondly,the supervision and correction of the case should be after the occurrence of the illegal act,and should not be supervised beforehand.Thirdly,administrative discretion and abstract administrative behavior should also be included in the scope of supervision and correction.And the ways to supervise and correct,mainly include procuratorial suggestions,correction of illegal notices and supervision prosecution.The 4th part is the concrete suggestion of the supervision and correction system of the procuratorial organ,Legislative and other proposals for the establishment of a system of supervision and correction,as described above.In terms of improving legislation,it is mainly by amending the law that the specific powers,scope and procedures of the procuratorial organs' supervision and correction system are regulated by law.Other suggestions for improvement include: first,the effectiveness of the procuratorial proposal and the notice of illegal correction shall be regulated by law,and a feedback mechanism shall be established;second,to ensure the procuratorial organ's independent of procuratorial power through the independence of the procuratorial organ's personnel and property;third,expand the procuratorial team,make the procuratorial team professional,in order to adapt to the extensive and professional nature of administrative supervision;fourth,the establishment of procuratorial supervision of the re-supervision mechanism to ensure that the supervision is lawful.