A Study On The Justification Of Procuratorial Supervision In China 's Administrative Litigation

It was issued in1989and in1990the implementation of the "administrativeprocedure law" with the development of society,some about the supervision ofadministrative litigation which has not been able to meet the requirements of judicialjustice.It is the main provisions of the procuratorial organ should be on the wrongadministrative verdict protested,but this provision in addition to specific tools andprocedures are not clear,the procuratorial organs only judgments can be legalsupervision,the court shall not accept the case,the prosecution was not right to putforward opinions of the prosecutors or supervision procuratorrial suggestions,whichcause a lot of social problems in judicial application. Although in2013December haspresented a draft revision of the administrative procedure law,the administrativeprocuratorial supervision power also made some revision and perfection,such assupervision increased procuratorial suggestions,but it cannot satisfy the reality of theprosecutorial supervision of administrative litigation law,practical and theoreticalcircles have been aware of the prosecutorial supervision of administrative litigationright cannot meet the realistic need,and also put forward many suggestions,butfundamentally the theoretical analysis is not much,even if only a superficial orone-sided discourse,even because of administrative procuratorial supervision poweris not perfect,there are legitimate scholars on the prosecutorial supervision ofadministrative litigation right forward questioning and advocate abolishing or limitingthe power.From the analysis of theory, in the administrative litigation in theprosecution of legal supervision right not only has a legitimate legal basis andpractical basis,reasonable,scholars should have a deeper understanding and thenonly in the current "administrative procedure law"amendment neutral footfoundation.“Administrative procedure law"should be amended is aconsensus,especially the modification should be clear and strengthen theprosecution the right of legal supervision,the procuratorial organs in theadministrative litigation activities of legal supervision status,the scope of legalsupervision,supervision means,and supervision procedures and the enhancement,but also should be aware of this power in the modified limit.This text is divided into three parts,namely introduction,main body andconclusion.The introduction part through case analysis and concrete reality descriptionpoints out,the judicial practice in the administrative litigation by prosecutionthe rightof legal supervision is not clear cause many social problems,research background andsignificance of this paper are derived,and then through the description of presentresearch situation of domestic legitimacy problems drawn from procuratorialsupervision in administrative litigation,the ideas and methods of this research finallydescription.The second chapter to the sixth chapter is the main body of the article.The second chapter discusses the location within the world of procuratorialpower defining clearly the procuratorial power,and then clear the prosecutorialpower is the prosecutorial supervision of administrative litigation rights are clearlydefined,this part is the foundation of article.The third chapter analyzed our country administrative litigation procuratorialsupervision in Chinas development present situation,through the discussion of theprosecutorial supervision of administrative litigation right in our law provisions andinsufficient and question and support our Ancient Chinese Literature Search circles ofpower of different point of view,the current administrative litigation prosecutorialsupervision power needed for proper analysis from the theoretical foundation.