Research On The Problems And Countermeasures Of Administrative Law Enforcement Procuratorial Supervision

Article 129 of the Constitution of the People's Republic of China expressly stipulates that China's procuratorial organs are the state's legal supervision organs and grant them a very wide range of legal supervision powers.The comprehensive legal supervision of administrative law enforcement by the procuratorial organ is not only the constitutional power,but also its constitutional mission.However,given the large number of law enforcement actions based on the power of law enforcement,due to the lack of specificity and exhaustiveness in the legal provisions,even the procuratorate is a statutory supervisory agency,which will lead to invalid supervision.The procuratorial supervision system of administrative agencies is the focus of global discussions.All countries are continuously exploring and conducting in-depth research.China also promulgated and implemented the Administrative Procedural Law in 2017 to add an administrative public interest litigation,and began to try to break through in this area.The content of the thesis is divided into six parts.In the first and second parts,the definition of the related concepts of administrative law enforcement procuratorial supervision and the construction of the basic theoretical framework are first carried out.The third part is the empirical part.It introduces the practice and effectiveness of T district T in the area of ??administrative law enforcement procuratorial supervision,investigates relevant data statistics,and points out the problems existing in T district T administrative law enforcement procuratorial supervision,such as the single means of supervision and the procuratorial recommendations.Insufficient effect,administrative public interest litigation has little effect,abstract administrative behavior has become the fish of the net,and the reasons are analyzed one by one,that is,the administrative litigation supervision system is not complete,the procuratorial recommendations are not rigid enough,the administrative public interest litigation system is not complete,legislation The gap leads to limited supervision.The fourth part summarizes the important enlightenment of the experience of these countries tothe construction of related systems in China by examining the administrative law enforcement inspection and supervision systems of typical countries in the study area.The fifth part is the focus of the thesis research.Based on the previous analysis of the problems and the causes,based on the enlightenment of extraterritorial experience,we propose countermeasures to further improve China's existing supervision methods:First,to improve the administrative litigation and procuratorial supervision system;The role of procuratorial proposals;the third is to improve the administrative public interest litigation system;the fourth is to strengthen the procuratorial supervision of abstract administrative actions.At the end of the thesis,the content of the research is summarized,and the final opinions and future expectations are provided for the administrative law enforcement and prosecutorial supervision work of the T District T Procuratorate.First of all,the Procuratorate of the T district of the T city shall supervise the law enforcement actions of the administrative law enforcement agencies by requiring them to perform their duties reasonably and lawfully,and establish a "trinity" of prosecution proposals issued through joint communication at the early stage of the joint meeting and generally adopted.A more comprehensive three-dimensional monitoring system.Secondly,based on the social and public interests,boldly use administrative public interest litigations,including pre-procedures of administrative litigation,initiation of administrative litigation,prosecutors who appear in court to support public prosecution,participate in court trials,administrative protests,procuratorial supervision of court proceedings,and supervision of case entities.The last is the review of the implementation of abstract administrative actions such as the formulation of systems and policy documents,including the requirements for changing or disabling regulations,systems,and policy documents that conflict with laws and regulations,and invite relevant departments to review them.In order to realize the vision of administration by law and governing the country according to law,prosecutors must have the right to legally supervise a large number of administrative law enforcement actions in practice,and play a balancing role between executive power and prosecutorial power.