Administrative Compulsory Measures Procuratorial Supervision System Research

As administrative organs,administrative coercive measures usually use limited,preventive and temporary management methods.Administrative enforcement measures can effectively and timely stop illegal ACTS in administrative law enforcement,prevent legitimate interests from being infringed,and effectively achieve the purpose of administrative management.However,that is precisely because of these characteristics of administrative coercive measures,at the same time,there are several administrative organs set up and implement administrative is actually illegalcoercive measures,in the administrative coercive measures are easy to damage the basic rights of citizens.Therefore,it is necessary to place administrative enforcement measures under inspection and supervision.The decision of the CPC central committee on some major issues concerning comprehensively advancing the rule of law was put forward at the fourth plenary session of the 18 th CPC central committee,which stipulated the following requirements for administrative enforcement measures: "the judicial supervision system of administrative enforcement measures related to the rights and interests of citizens and property shall be constantly updated and improved,were put forward.From then on,various regions of the country responded to this call and began to investigate the supervision system of procuratorial organs in order to take administrative compulsory measures.However,due to the late start,the system construction has not been the academic community and the judicial community unified conclusion.At the same time,we also found that in fact,there are many problems in Check and supervision of administrative compulsory measures,such as the lack of clear legal basis and supervision.The lack of authority supervision way and procuratorial supervision failed to achieve their purpose.Therefore,this paper firstly summarizes the theoretical background of the inspection and supervision of administrative compulsory measures,and then analyzes the several problems of the compulsory administrative measure checking and supervision systemaccording to the domestic and foreign research status.Please give me some advice of my own.The report has five parts.The first part is the introduction.The import section is three aspects.One is the background and significance of the topic selection in this paper.Secondly,the domestic and foreign research status of the administrative enforcement measures procedure supervision system is briefly analyzed.Finally,the main research methods of this paper show that two innovative points are proposed.In the second part,the administrative compulsory measures inspection and supervision system is divided into two parts to discuss the nature of administrative compulsory measures,the characteristics of procedural supervision,and the practical value of administrative compulsory measures inspection and supervision system.The basic theory ofThird,the first is that the permanent committee of the local parliament issues restricted documents at the macro level,or the government and procuratorial organs jointly issue restricted documents.The current situation of the supervision of administrative coercive measures by the procuratorial organs in China,as well as the legal basis,lack of reference and restriction and lack of effective administrative coercive measures in China are all raised.The fourth part analyses the advantages of administrative enforcement procedure supervision system in Germany,Japan and the United States,draws lessons from it,and summarizes some experiences process supervision system of our country's administrative compulsory measures.The fifth part is countermeasures and Suggestions.According to the above problem analysis and outside experience for reference,try to put forward construction of procuratorial supervision mechanism of administrative compulsory measures,provide a reference for improving the administrative compulsory measures of procuratorial supervision Suggestions.