Research On Several Issues Of Administrative Prosecutorial Supervison System

At present,the construction of socialism with Chinese characteristics has entered a new era.The procuratorial organs conformed to the trend of national reform and the need for the adjustment of procuratorial functions,and timely proposed a new pattern of coordinated development of the "four major procuratorials" of criminal,civil,administrative and public interest litigation.The procuratorial organs attempted to turn to the turning point and return to the essential nature of legal supervision.Administrative procuratorial,as a weak link in the past procuratorial business,will be strengthened.The importance of the study of the administrative prosecutorial supervision system is self-evident.This paper first introduces the basic connotation and development process of the administrative procuratorial system.Like the history of the development of China's twists and turns procuratorial system,the administrative procuratorial system has also been abandoned.Even today,when it comes to comprehensive administrative procuratorial business,the dispute over administrative procuratorial has never stopped.Therefore,this paper analyzes the institutional value of administrative inspection.Firstly,starting from the indiscriminate expansion of administrative power and the legal supervision of procuratorial power,the necessity of supervising administrative power of procuratorial power is explained.Second,administrative procuratorial is based on three aspects: legal basis,policy basis and realistic basis.The legitimacy of the system was studied.Secondly,the focus of this article is on the scope of administrative inspection.It is a basic issue for the independent existence and development of the administrative procuratorial system to clarify the scope of administrative procuratorial supervision and to improve the supervision mode of administrative procuratorial in the functional orientation.At present,China has not yet formed a final conclusion on the scope of administrative procuratorial supervision.There are opinions such as comprehensive supervision,litigation supervision,and supervision of administrative violations.In terms of legislation,the scope of administrative procuratorial supervision is also very cautious.During the revision of the Organic Law of the People's Procuratorate,the procuratorate's supervisory function of administrative law enforcement was added,but it was later deleted.This paper believes that China's current administrative procuratorial work is still focused on the supervision of the entire process of administrative litigation,but also the supervision of non-litigation administrative enforcement,while the supervision of administrative law enforcement behavior belongs to the future.China's administrative procuratorial system should be appropriately developed.The construction of a complete and reasonable procuratorial supervision system requires a comprehensive implementation of administrative procuratorial work,and the realization of each supervision link in the administrative procuratorial system will affect the realization level of administration according to law.Finally,this paper explains the specific ways of implementing the administrative procuratorial system,and puts forward suggestions for the construction of the administrative procuratorial system from the perspectives of strengthening legislative guarantees,organizing guarantees,and establishing a good communication mechanism for procuratorial organs.