Research On The Scope Of Supervision Of Administrative Litigation By Procuratorial Organs

The administrative procedure law of China come from nothing,then it has further revised and many aspect have improved,but still exist many problems.First of all,improvement in the aspect of administrative litigation supervision is not enough.The problem of hard to file,hard to trial,hard to execution haven't been completely solved.The first important thing of administrative litigation supervision is definition of the range of supervision,this problem is the basic of administrative litigation supervision.but it isn't been further research.There are a lot of paper about administrative litigation supervision.but most of them approach main argument though necessity or style about administrative litigation supervision.,the discussion is very broad and speaking generally.This paper is focus on the range of administrative litigation supervision.give the problem a comprehensive,in-depth analysis and demonstration,strive for a reasonable definition of the scope of China's administrative litigation supervision according to the national conditions.In addition to the introduction and peroration,the text consists of three parts.Firstly,The first part briefly introduce basic situation of Chinese administrative litigation,the problem of administrative litigation supervision in our country,the administrative organ is strong,judicial organs is relatively weak.There are a lot of case that interests of the administrative individual can not be effectively protected resulting in lack of administrative litigation cases,scope of administrative litigation is narrow,the scope of administrative litigation supervision of procuratorate is to highlight for these problems.Secondly,it discusses the principle of expanding the scope of administrative litigation supervision.The second part mainly introduce developing process which is about China's procuratorate of the scope of administrative litigation supervision legislation,in 1989 the first administrative litigation law has Legislated.then some relevant laws and regulations,handling rules,and finally in 2015 the new administrative litigation law.The scope of supervision of administrative litigation has been expanding,the boundaries of the scope of supervision has been more and more clear,more and more refined.At the same time,this paper discusses the process and the development which is continuous improving the scope of administrative litigation supervision.The third part describes the scope of administrative litigation supervision of procuratorate,including acceptance stage,trial stage,decision stage,and the implementation stage which the major aspects of the procuratorate include.Then take the object of administrative litigation supervision as the classification,including the supervision of the judicial organ,the supervision of the clerical staff;,the supervision of the administrative organ and the supervision of the Judge.Take a complete and sufficient discussion about the procuratorate in the supervision of administrative litigation and the scope of vertical supervision.