Research On The Procuratorial Supervision Of Non-litigation Administrative Enforcement

The supervision of administrative non litigation execution is an important part of the legal supervision system in our country,and it is an important link to realize the effective performance of administrative procuratorial duties and "one hand supporting two".It plays a very important role in promoting the comprehensive rule of law in the new era,and plays an irreplaceable role in realizing the modernization of governance ability.At the same time,it also contains the basic goal of protecting the basic rights of citizens.In the existing research,most of the articles focus on the framework design and theoretical discussion of the administrative non litigation execution system.Starting from the supervision of the administrative non litigation execution,this paper discusses the system from the perspective of Procuratorial Science.The second chapter introduces the basic concepts of administrative non litigation execution and procuratorial supervision of administrative non litigation execution,and discusses its nature and characteristics;The third chapter discusses the significance and necessity of the procuratorial supervision of administrative non litigation execution,and points out that "one side supervises the other two" is an important embodiment of the uniqueness of the procuratorial supervision of administrative non litigation execution;The fourth chapter introduces the problems and shortcomings of the procuratorial supervision of administrative non litigation execution in the three links of accepting cases,reviewing and implementing supervision,which leads to the thinking of improving the procuratorial supervision system of administrative non litigation execution in China,and needs the corresponding legal response and improvement;The fifth chapter combs some overseas systems similar to our country’s administrative non litigation enforcement supervision,in order to gain useful experience,including Germany,France and the United States;The sixth chapter combines the contents mentioned above,and puts forward some suggestions for the problems and the shortcomings of the procuratorial supervision mode of administrative non litigation execution in China,including clarifying the boundary of accepting cases and the scope of review,improving the hearing system,strengthening the rigidity of supervision,etc.In the framework of this paper,through the concept of administrative non litigation implementation of procuratorial supervision,principle analysis,problem induction,comparative study,the corresponding improvement measures are obtained.The structure of the article is more traditional,according to the path of finding problems,researching problems and solving problems.The innovation of this paper lies in that the fourth part of this paper "the problems existing in the procuratorial supervision of administrative non litigation execution in our country" considers some practical problems in the judicial practice,and puts forward the improvement measures in the later part combined with the basic principles.It also studies the compulsory execution supervision system in the administrative non litigation execution system of Germany,France and the United States,which is similar to the administrative non litigation execution mode,Some useful experience has been drawn,which can also provide reference for other scholars.