Research On Procuratorate’s Promotion Of Substantial Settlement Of Administrative Disputes

As a key link in the social contradiction and dispute resolution mechanism,the substantive resolution of administrative disputes is a major focus of the administrative prosecution work carried out by the procuratorial organs and a necessary component of the implementation of administrative prosecution.The nationwide special action of administrative procuratorate for substantive resolution of administrative disputes has gained remarkable results in China’s practice.However,because it is still in the initial and exploratory stage,some problems will inevitably arise in the process of practical exploration,mainly the weak legal basis,the inadequacy of the supporting mechanism for procuratorial resolution,the difficulty in grasping the scope of conditions for resolution,and the lack of capacity of procuratorial organs to resolve.Therefore,based on the examination of current theoretical research,legal system and practice,we need to analyze and consider the difficulties in practice,and give relevant countermeasures,and devote ourselves to providing some thinking paths and suggested countermeasures for the substantive resolution of administrative disputes by administrative procurators in the new era.In order to clarify the background and significance of administrative disputes,as well as to collect and analyze the current domestic research,we can conduct in-depth research on the substantive resolution of administrative disputes by administrative prosecutors through the following aspects.First,we need to clarify the concept of the systemic mechanism for substantive resolution of administrative disputes,specify its basic principles,elaborate the theoretical basis,and understand the current status and positioning of administrative prosecutors’ substantive resolution of administrative disputes;second,we need to elaborate the justification for prosecutors’ promotion of substantive resolution of administrative disputes,and discuss its necessity and feasibility.The study discusses the realities and characteristics of administrative disputes since they have been carried out by the procuratorial organs,starting from typical sample cases,so that the procuratorial organs can better resolve administrative disputes from the actual situation.The empirical analysis reveals that the following problems exist in the promotion of substantive resolution of administrative disputes by the procuratorial organs: the legal basis needs to be improved,the supporting mechanism for procuratorial resolution is not sound,the scope of procuratorial resolution is difficult to grasp,and the interface with other administrative dispute resolution mechanisms is poor.In this regard,we should improve the legal system,improve the supporting mechanism for resolving administrative disputes,clarify the scope and focus of resolving administrative disputes,improve the collaboration mechanism,and promote positive interaction,with a view to promoting the continuous improvement of the administrative prosecution system in the new era.