Theory And Criterion Of Power Of Public Prosecution Of Administration Of Procuratorate

Understanding a power,we should distinguish property and norm of it.Following to constitutionalism,the public prosecution of administration is a power of legal supervision.the lawsuit is expression of it and the restrict to administrative power is purpose of it.However,the problems of it involving generality illegal administrative actions or severity illegal administrative actions and what is principles?procedures?restraint and so on is a question of norm.According to the intension of concept,we can define the public prosecution of administration as that the public prosecution of administration is the procuratorate aim at illegal action of administration to conduct prosecution for performing the obligation of supervision with the result that restriction the power of administration,correcting the illegal action of administration,assuring legal execution of power of administration and then defending the benefits of nation,society and collective come true when have not privy or privy give up prosecution for all kinds of reasons.Power of public prosecution of administration is the power of procuratorate implement public prosecution of administration.It is a power of prosecution and public power of nation.Base on judgment of confirmation?the power of legal interpret of court and several different planes of procedural qualification,procuratorate execution of the power is feasible.essentially,it is a power of supervise of law.It have the characters of uniqueness of subject,procedural execution of power,postposition of start-up.Power of public prosecution of administration is the specific power of procuratorate independently using the method of procuratorial power to conduct prosecution for pleading court to confirm illegal action of administration and demand to correct it because of carrying of following the form of procedure when perform the obligation of supervision with the result that restriction the power of administration.the theories of power or right of litigation expansion,check and balance,legal supervision and powers of nation and so on lays foundation for Power of public prosecution of administration.And to Constitution entrust power of legal supervision to procuratorate,to Law of Executive Accusation binds court to examine the actions of administration whether or not accord with law and the policies of party and government many times emphasizes to strengthen and perfect to supervise and restrict administrative enforcement of law and so on provides the basis of fundamental law,ordinary law and policies to it.We should regulate the principle,procedure and scope of power of Power of public prosecution of administration in the inside of power and restrict it in the outside of power and so on so that we can structure a complete systems of this power running thereby make it feasible.