The Prosecution Powers Supervision And The Path Choice Of Administration Power

This thesis provides a reasonable description of china’s prosecution power on the basis of concept and attribute of prosecution under the structure and power of the constitution of the People’s Republic of China. In the analysis of prosecution power, it is pointed out the justifiability of the prosecution over supervision. And this thesis individually analyzes the prosecution power and administration power and compares with other administrative supervision institution, which shows a great superiority. According to Power Balance Theory and National Supervision theory, suggestions of method improvement have been put forward in the area of prosecution over supervision. According to the constitution of the People’s Republic of China, this thesis moves some feasible suggestions to improve the existing ways and to explore some new. There are annotation, comparison and juxtaposition applied in the thesis.Among four parts of this thesis, the first part concerns the jurisprudence of prosecution over supervision in which the concept and attribute of prosecution power, the principle of prosecution over supervision and china’s particular condition and western separation of powers have been discussed in detail to find out the feasibility of prosecution over supervision.The second analyzes the status of china’s prosecution over supervision which concerns some regulations and the inner benefits and crisis of administrative supervision, out of administration of institutes, feebleness of public supervision, lag of adjustment and supervision. In the analysis of china’s combination of legislature and administration, the thesis suggests that the institution of prosecution over supervision is an optional choice, but due to some disorder of laws and some particular rigid provision, prosecution power cannot work well in every area.The third part concerns some systems of administrative supervision outside of china. The former Soviet Union had a great impact on china in administrative supervision. Some of the theory and practice of Soviet Union has to be reasonably rejected or developed in order to apply to china. And the analyses of ways of prosecution over supervision both in civil law countries and common law countries provide a great base to create a reasonable institution in china.The fourth part further discusses the ways of prosecution over supervision which can be divided into supervision on specific administration and abstract administration. In prosecution power over abstract administration, prosecution organs should get authority from the senior power organs, and the prosecution power over specific administration is mainly executed by way of building administrative prosecution and public prosecution and improving the system of administrative counter-appeal. Meanwhile, due to a great dependence on prosecution suggestion, some improvements on prosecution suggestion are put forward.