On The Legal Supervision Of Procuratorial Orgarns Over The Exercise Of Their Functions And Powers By Administrative Organs

Power has the inherent corrosion resistance and the expansionary,administrative ACTS as a main way of the exercise of executive power,can directly to the other party assign rights and burden obligations,in order to make the operation of administrative power is not out of the orbit of rule of law,in the interests of the people and the will,the power must be fully effective supervision.The fourth plenary session of the 18th central committee of the communist party of China(CPC)made it clear that the procuratorial organ should urge the procuratorial organs to correct the illegal exercise of their functions and powers or not exercise their functions and powers.Thus,the procuratorial organs supervise the behavior of the administrative organs exercise their functions and powers according to law,is an important way to promote administration according to law,is also adapted to China's political system,conform to the rule of law of the development of socialism with Chinese characteristics.But it should be pointed out that,in the years of judicial practice in our country,the function of procuratorial organs tend to stay in the supervision of criminal lawsuit activity,etc.,and the administrative authority of administrative law enforcement activities only by the litigation supervision,supervision and form is too limited,and the currently existing in the supervision of the administrative organs exercise their functions and powers as insufficient legal basis,source supervision case scope of supervision,such problems as too narrow,need to solve this problem from the legal level,namely,develop and perfect the procuratorial organs supervise administrative organs exercise their functions and powers of effective legal system.