Prosecutorial Supervision Of Illegal Administrative Actions

The administration according to law is the only way to build a rule of law in China.The key to realizing the administration according to law lies in the strengthening of the power operation control and supervision system.The investigation of procuratorial supervision on administrative violations conducted on the basis of procuratorial power is essentially the division of labor,supervision,and coordination mechanism between administrative power and procuratorial power on the basis of constitutional law,and it fully embodies the supervision mode of power restriction power.The externalization of the operation of the executive power is made for the administrative act.The procuratorial power,through the “procuratorial work”,implements legal supervision over the illegal administrative act and regulates the exercise of administrative power.In the relationship between the two,the constitutional principles of “divided responsibility,mutual cooperation,and mutual restraint” are followed at all times.The in-depth study from the perspective of administrative procuratorial supervision will,on the one hand,help improve the system of special legal supervision,optimize the supervision and control mechanism for administrative power,and provide guarantees for the promotion of administrative organs in accordance with the law.On the other hand,its ultimate goal is to provide a strong legal guarantee for the protection of citizens' legitimate rights and interests and public interests.Based on the definition and extension of the concept of procuratorial supervision of administrative violations,this article further explores the constitutional basis,values,and practical predicament of procuratorial supervision of administrative violations.Through the research and analysis of relevant systems in the West,this article aims to provide an Supervision system to learn from.In addition,in a rational construction of the rule of law,we must pay attention to grasping the boundaries of various powers,especially the prosecutors who are supervisors how to control their boundaries in the process of performing their duties so as not to interfere with the normal operation of the supervisory authority.Therefore,on the one hand,this article advocates improving the construction of related systems such as supervision methods,power allocation,institution construction,and personnel quality.On the other hand,it is required to pass legislation to establish a clear list of powers for the procuratorate,regulate the exercise of the powers of the procuratorial organs through procedural systems and legal principles,and equip the administrative agencies as supervisees with appropriate relief systems in order to realize the realization of the two powers.The benign interaction continues to promote the construction of a country under the rule of law,and realizes the transition from the rule of law to the rule of law in China.