Research On Procuratorial Supervision Of Illegal Administrative Actions Of Land Acquisition And Demolition

The procuratorial supervision of the illegal administrative acts of land acquisition and demolition refers to the legal supervision of the procuratorate on the illegal acts of land acquisition and demolition carried out by the government in accordance with certain legal procedures,in order to standardize the legal administration of land acquisition and demolition and promote the legal administration.In practice,the phenomenon of illegal land acquisition and demolition is common,a large number of illegal land acquisition and demolition activities have not been effectively supervised,the procuratorial function has not been fully played,and the social interests and the legitimate rights and interests of the requisitioned and relocated people have not been properly protected.China's Constitution clearly stipulates that the procuratorate is a special legal supervision organization in China,which undertakes the important responsibility of ensuring the correct implementation of the law and maintaining the unity of the legal system.Meanwhile,procuratorial supervision is also an important part of China's supervision system.At present,the supervision methods of illegal administrative acts in China mainly include internal administration supervision,litigation supervision,power organization supervision,etc.However,due to their own shortcomings,these supervision methods weaken the strength of supervision to a certain extent,and there are still dead corners and gaps in the field of illegal administrative acts of land acquisition and demolition.Strengthening the supervision of the procuratorate on the illegal administrative acts of land acquisition and demolition is not only the objective need to improve the legal supervision system of our country,but also the urgent need to promote the government to land acquisition and civilized demolition according to law and give full play to the legal supervision function of the procuratorate.This article is divided into the following four parts:The first part:Starting from the theoretical logic,the research on the inspection and supervision of the illegal administrative acts of land acquisition and demolition is carried out.After expounding the meaning of the illegal administrative act of land acquisition and demolition and the definition of the procuratorial supervision of the illegal administrative act of land acquisition and demolition,this paper further discusses the contents of the procuratorial supervision of the illegal administrative act of land acquisition and demolition,that is,which illegal act of land acquisition and demolition should be supervised by the procuratorate,then analyzes the principles that the procuratorial supervision should follow,and finally clarifies that the procuratorate supervises the illegal administrative act of land acquisition and demolition Significance.The second part:Mainly from the theoretical basis and practical basis of the inspection and supervision of the illegal administrative acts of land acquisition and demolition,discusses the practical necessity and feasibility of the construction of the inspection and supervision of land acquisition and demolition.This part first expounds the theory of the legal supervision power of the procuratorate,the judicial supervision theory,the power balance theory and the procuratorial function theory of the procuratorate's duty crime.Secondly,by comparing the shortcomings of the current supervision mode in our country,it analyzes the practical necessity of the procuratorate to supervise the illegal administrative acts of land acquisition and demolition.Finally,by analyzing the advantages of procuratorate in power allocation,legal basis,personnel,legal status and other aspects,this paper expounds the feasibility of procuratorate supervising the illegal acts of land acquisition and demolition.The third part:Any legal concept and system should be observed from the fact level and value level,and the discussion on the procuratorial supervision of illegal administrative acts of land acquisition and demolition is no exception.This part starts from the current situation of the legal supervision of the procuratorate on the illegal administrative acts of land acquisition and demolition,expounds the problems existing in the supervision of the procuratorate on the specific illegal phenomena of land acquisition and demolition,and then analyzes the reasons for the absence of the supervision of the procuratorate on the illegal administrative acts of land acquisition and demolition.The fourth part:After the analysis of the problems faced by the standards and practice of the procuratorial supervision of the illegal administrative acts of land acquisition and demolition,this part will elaborate the countermeasures to improve the procuratorial supervision mechanism from the aspects of the establishment of the case discovery mechanism and the effectiveness guarantee mechanism.We will build a linkage mechanism between procuratorate and supervisory organizations,and improve the effectiveness of procuratorate in performing their supervisory functions.