Study On Procuratorial Supervision Mechanism Of Administrative Enforcement Of Law In The New Era

The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China(CPC)"decided" to "improve the legal system for procuratorial organs to exercise supervision power",and "procuratorial organs should urge administrative organs to rectify acts of illegal or non-performance of their functions and powers in the performance of their duties." As an important part of "one government,one committee and two chambers" under the system of people's congress,procuratorial organ is the national legal supervision organ positioned in the Constitution.Along with the expansion of the functions of the public authority,the breadth and depth of administrative law enforcement is expanding and extending,and the drawbacks in the process of law enforcement are increasingly exposed,which leads to the alienation of the executive power in the performance,and intensifies the contradictions between the public power and private rights,public rights and private rights.There are not only subjective reasons such as the shortage of administrative staff,but also objective reasons such as the lack of external supervision and depth of administrative law enforcement,and the absence of procuratorial organs as legal supervision organs in the supervision of administrative law enforcement.In order to achieve the value goal of safeguarding national interests,public interests and administration according to law,the procuratorial and supervisory functions of administrative law enforcement began to return to the position.The supervision of administrative organs through the procuratorial organs administrative procuratorial and supervisory functions is not only in line with the national conditions of the construction of socialist rule of law with Chinese characteristics.Or the existing system and administrative law enforcement under the comprehensive consideration of the status quo to make the best choice.However,although the administrative procuratorial system is justified on the basis of constitution,jurisprudence and practice,it lacks scientific and complete system design.Therefore,it is necessary to study the legislation of procuratorial supervision of administrative law enforcement.On the one hand,the concept of national supervision should change from focusing on post-supervision to giving consideration to pre-supervision,on the basis of which the legal principle,limited supervision principle,proportion principle and procedural principle of procuratorial supervision of administrative law enforcement of procuratorial organs should be established to guide the procuratorial supervision mechanism of administrative law enforcement with this basic principle.On theother hand,we should make full use of the supervision mode under the current system to improve the efficiency and efficiency of administrative procuratorial supervision.Therefore,it is necessary to establish the administrative procuratorial supervision mechanism centered on procedural blocking,fulfill the new task of "adhering to and developing socialism with Chinese characteristics in the new era" put forward by the 19 th National Congress of the Communist Party of China,and make a reasonable allocation of power with the functional adjustment brought about by the reform of the state supervision system.In short,procuratorial organs should be guided by the socialist ideology of China in the new era,We should adhere to the constitutional orientation of procuratorial organs,strengthen the rigidity of legal supervision,pay attention to the actual effect of supervision,seize the opportunity to complete the procuratorial system reform under the new era,gradually expand the procuratorial functions,adhere to and develop the socialist procuratorial system with Chinese characteristics,and return to the constitutional status of legal supervision.