Research On Procuratorial Supervision System Of Administrative Litigation In China

The administrative litigation procuratorial supervision is an integral part of the procuratorial supervision in China,is of vital importance to perfect the procuratorial supervision system in our country,the administrative litigation right of procuratorial supervision of China's constitution and the law gives a special powers of procuratorial organs.The administrative procedure law of the People's Republic of China was promulgated and implemented in 1990.From then on,the people have the legal basis for supervising the administrative organs according to law,thus starting the journey of procuratorial supervision of administrative litigation.The procuratorial supervision of administrative litigation has played an active role in restricting the exercise of administrative power,standardizing the administrative proceedings,carrying out the law and maintaining social stability in the new China history stage.However,in the past thirty years,the administrative litigation("mingaoguan")the number of cases continues to grow,but the number of judgments has been reduced,the plaintiff withdrawing rate has been high,some grass-roots procuratorate years not handled with administrative appeals,the procuratorial organs of the administrative litigation procuratorial supervision authority is weakened,to some extent,grammaticalization,procuratorial supervision in the administrative litigation is a kind of authority without the action of embarrassment.With China's economic development and rapid social progress,the people have more demands and expectations,administrative litigation law is increasingly difficult to meet the needs of the masses.In 2015 China promulgated the implementation of the new revision of the "administrative litigation law",the administrative litigation procuratorial supervision system to further improve and perfect,expanding the scope of administrative litigation,procuratorial supervision more clearly the administrative litigation procuratorial supervision authority,expand the way of supervision,procuratorial suggestions as a legal supervision system to form fixed.The procuratorial supervision system and helps to perfect the administrative organs under the guidance of the administrative law,the procuratorial organs according to law under the supervision of a more civilized and normative,and exercise the powers,but also helps to promote the people's court shall maintain the interests of the referee,who cut both sides to participate in administrative proceedings,at the same time,good interpretation and reasoning,unlock the administrative behavior relative to the method,complex and physical,and laid a solid foundation for peace to promote the harmonious development of society.However,with the China Communist Party since the fourth Plenary Session of the 18th CPC Central Committee the rule of law and the judicial system reform strategy steadily,economic development is faced with hitherto unknown opportunities and challenges,social change into the blue water,the people's social life has become increasingly diverse and complex,the reform of the judicial system extended to the deep level,multi angle,old and new problems emerge,a large number of contradictions show.We found that the existing administrative procedure law revised design of the administrative litigation procuratorial supervision system problem has become increasingly prominent,it is difficult to achieve the purpose of supervision of administrative litigation,it is difficult to meet people's needs of social life.Therefore,as discussed in this paper,to in-depth study on the analysis of the current administrative procuratorial supervision system,face the problems and deficiencies,and constantly improve the mechanism,improve the system,promote the administrative procuratorial supervision work smoothly.This paper is divided into four parts:the first is the introduction,summarizes the basic situation of administrative litigation procuratorial work in our country.The first part introduces why we should pay attention to and perfect the procuratorial supervision system of administrative litigation from three aspects.According to the current situation,introduces the importance of perfecting supervision system of our country administrative proceedings examination,discusses how to perfect the administrative litigation procuratorial supervision system on the construction of procuratorial supervision system in our country,promoting the administration according to law and to prevent corruption in the judicial value.The second part focuses on the outstanding problems existing in the procuratorial supervision system of administrative litigation in china.This paper introduces the system and practice of administrative litigation system and procuratorial supervision system in our country,and analyzes some typical problems.The third part introduces several typical examples of the world today:the law on behalf of the state supervision system of administrative litigation and prosecution in Germany and France,the United Kingdom and the United States and the administrative litigation procuratorial supervision system,and the Soviet and Chinese history deep and Russian Federation administrative litigation and procuratorial supervision system.Then it expounds the supervision system of these typical countries and the beneficial enlightenment to the development of administrative litigation supervision system in china.The fourth part of the combination of existing in China's procuratorial system of administrative litigation,the construction experience and practice of foreign related system,from four aspects of development of procuratorial supervision in the administrative litigation system in China put forward specific measures and suggestions for improvement.In this part,based on the current situation of procuratorial supervision in the administrative litigation in our country,experience into their own work practice,adhere to the attitude of seeking truth from facts,aims to construct a scientific and reasonable administrative procuratorial supervision system has China characteristics,enhance the effectiveness of procuratorial supervision in the administrative litigation,maintaining social harmony and stability.