Research On The Scope Of Administrative Law Enforcement Procuratorial Supervision

The procuratorial supervision of administrative law enforcement refers to that the procuratorial organ urges the administrative law enforcement organ to correct the violations or perform its duties in accordance with the law by making and issuing procuratorial suggestions and other non litigation ways.The decision of the CPC Central Committee on several major issues of comprehensively promoting th e rule of law adopted at the Fourth Plenary Session of the 18 th CPC Central Committee in2014 provides a policy basis for the development of this system.At present,this system in China is still in the process of pilot exploration,and there is still a lack of specific legal provisions.Perfecting the procuratorial supervision system of administrative law enforcement and giving full play to the legal supervision function of procuratorial organs over illegal administrative acts are important topics in the construction of the rule of law in China.The scope is the basic issue of the system.Studying and determining the reasonable scope of administrative law enforcement procuratorial supervision is the key to improve the provisions of the system and give full play to the value of the system.Determining the scope of procuratorial supervision of administrative law enforcement should follow the principle of modesty and restraint of procuratorial power,the principle of public welfare and the principle of collaborative supervision among various supervision subjects.In the pilot practice,some experience and practices on the scope of procuratorial supervision of administrative law enforcement have been formed.First,determine the scope of key supervision by issuing relevant documents or carrying out supervision activities in special fields;Second,expand the clue sources of supervision cases in multiple ways;Third,expand the scope of supervision by strengthening the connection mechanism between administrative law enforcement and procuratorial supervision.Determining the scope of procuratorial supervision of administrative law enforcement can be analyzed from three aspects: the type of supervision,key areas and the source of case clues.In view of the uncertain type of supervision,it should be clear that administrative and judicial acts do not belong to the scope of procuratorial supervision;Administrative compulsion,administrative punishment and administrative license should be the key types of supervision.Among them,administrative compulsion includes administrative coercive measures and administrative enforcement involving citizens' personal and property rights and interests;In administrative punishment,we should focus on supervising the illegal acts of "replacing punishment with punishment";In the administrative license,the key supervision involves the administrative license of allocating state-owned resources.Procuratorial organs should also assume the responsibility of supervising the inaction of administrative organs in performing social public management functions.Administrative normative documents should also be included in the scope of procuratorial supervision.The key areas of procuratorial supervision of administrative law enforcement should be defined.The key areas of supervision can be determined by the relevant explanations of the supreme detection station,the relevant documents formulated by various regions according to local conditions,and the form of procuratorial activities in special areas carried out by procuratorial organs.The areas that the procuratorial supervision of administrative law enforcement can focus on include production safety,protection of cultural relics and cultural heritage,management of business environment,etc.In practice,there is a problem that the source of clues in administrative law enforcement procuratorial supervision cases is single.In order to give full play to the function of procuratorial supervision,the sources of clues for cases can be expanded.In addition,clarify the scope of supervision adapted to different supervision methods to ensure the effective implementation of the system.