On The Procuratorial Supervision Of Administrative Enforcement

Administrative law enforcement is an important way for administrative organs to perform their duties and manage economic and social affairs in accordance with the law.Sinse the of reform and opening up has been 40 years in our country,China's administrative law enforcement capacity and have improved significantly.However,problems such as strictness,irregularity,and inaction in law enforcement still occur from time to time.There has a certain gap with the requirements of building a government under the rule of law.In the Third Plenary Session of the 18 th CPC Central Committee,it put forwards that the supervision over administrative enforcement should be strengthened.Adopted at the fourth plenary Session of the 18 th CPC central Committee,proposes that the procuratorial organs should supervise the administrative organs to correct its illegal exercise or non-exercise of authority that is found by the procuratorial organs in its execution of duty.This means that the procuratorial organs,which assume the functions of state legal supervision,strengthening the procuratorial supervision of administrative law enforcement is in the context of the reform of the national supervision system and judicial reform.In the 40 years since the procuratorial organs resumed reconstruction,it is of great significance and value for repositioning the functions of procuratorial organs and fully performing their legal supervision duties.Administrative law enforcement prosecutorial supervision is the specific way to achieve administrative law enforcement supervision.In practice,the procuratorial organs have issued procuratorial recommendations to the administrative organs,filed administrative public interest litigation,and supported prosecution,so urged the administrative organs to perform their duties.At present,transfer the crime clues found in the process of administrative law enforcement inspection and supervision to the supervisory organs has also become a new type of supervision.From the perspective of local exploration,the procuratorial supervision of administrative law enforcement is increasingly accepted by the party committee and government.However,there are still problems such as lack of legislative support,the methods of procuratorial supervision are unsupervised,the scope of application of specific supervision methods,are ambiguous.In particular,the commonly used prosecutorial recommendations and the administrative public interest litigation system introduced in recent years have also exposed many problems.These problems reflect the lack of supervision by the procuratorial organs on administrative law enforcement,and the lack of legal supervision functions,all these things are not conducive to the construction of the rule of law government.It is of great significance for the construction of the rule of law government to optimize the supervision of administrative law enforcement in China and strengthen the supervision of administrative law enforcement,and maximize the function of procuratorial supervision.Based on the analysis of the problems existing in the administrative law enforcement supervision and supervision methods and the reasons analysis,this paper puts forward specific suggestions for optimization,including improving relevant legislation,regulating the procuratorial organs to handle cases,and establishing a sound cooperation mechanism from the outside.By constructing a diversified administrative law enforcement prosecutorial supervision method,it is fundamentally ensured that the administrative law enforcement prosecutorial supervision has been implemented and achieved tangible results,promoting the legal administrative process and promoting the construction of the rule of law government through supervision.