Study On The Protection Of Administrative Prosecution Rights

Administrative prosecution involves reporting and impeaching irregular cases by the superior of an organization to a higher administration, which actually means the harms of the bureaucrat to the public benefit and can also be extended to the violation of laws and disciplines and moralities。Responsibility is the core part of the administrative prosecution, which therefore brings out a deep contradiction and conflict, whether being responsible for the higher administration and organization or the public interest。Administrative prosecution is an important part of the supervision system, and it has an important role in the prevention and treatment of public power corruption。But, up to now, there are still a lot of problems in administrative prosecution, such as the lack of legality and morality, the restriction of impeach rights, the ineffective protection of impeach rights and so on。Especially in the protection of impeach rights, although our Constitution, Administrative Supervision Law and other laws and regulations makes provision, but far from perfect, operability is not strong。In addition, it does great harm to the enthusiasm of supervision and hinders the development of clean government and anti-corruption struggle that system of rights protection does not work, division of labor is not clear inside protection organization, the problem of the lack of legal remedies exists, and prosecutors can not be guaranteed。The reasons for those problems are the imperfect laws and regulations, the unsound protection and incentives mechanisms, the ineffective protection of impeach rights and so onoIn order to reverse the current difficult position and ensure the rights of administrative prosecution, it is quite necessary to draw lessons from scientific prosecution rights protection systems from other countries to reform and improve those systems in China。Firstly, the legislation for administrative prosecution right protection need to be strengthened and perfect these rights of the relevant provisions of China Constitution enacted as soon as possible the introduction of a special Law of prosecution or Supervision Law; Secondly, it should perfect the rights protection mechanisms, create a safe and confidential report processing mechanism and clear whistle-blower protection agencies and their responsibilities, to remedy for the administrative whistleblowers and punish the retaliation behaviors; Finally, establishing prosecution incentives system is to protect the administrative whistleblowers incentives rights。...