Discussion Of Administrative Enforcing The Law Of Procuratorial Supervision System

As the basic strategy for the rule of law in our country is put forward, the law in our country has the higher authority. The rule of law is the core of administration according to law, and administrative law enforcement is a key link in the process of realization of administration according to law. Therefore, administrative organs of the administrative law enforcement are good or bad directly affects the success or failure of the administration according to law and the rule of of law. The procuratorial supervision of the administrative law enforcement, is to improve the level of administrative law enforcement, administrative organs in accordance with law, law enforcement, strict law enforcement and an important way. After the reform and opening up, China’s growing economy, China’s reform of the judicial system also is constantly moving forward. Existing administrative enforcement procuratorial supervision system in China, however, has been gradually can not adapt to an unprecedented expansion of the administrative law enforcement, cause the administrative authorities in law enforcement practice in law enforcement, law enforcement, law enforcement, abuse the phenomenon such as frequent. Thus it can be seen that the defects of administrative law enforcement of procuratorial supervision work are constantly emerging, such as the procuratorial organ of the administrative law enforcement of procuratorial supervision and the lack of the supervision, actively of comprehensive supervision, supervision, lack of specific legal basis and implementation procedures, the administrative law enforcement of procuratorial advice no relevant legal consequences, public interests infringed upon by administrative law enforcement and the related legal relief and can only for the specific administrative act of administrative enforcement of procuratorial supervision, and so on. Administrative organs of the administrative law enforcement power abuse are not only destroyed the social public order, harmed the government image, and have greatly hindered the process of our rule of law. As a legal national specialized legal supervision organs of the procuratorial organ has the obligatory responsibility, administrative law enforcement procuratorial supervision system is the procuratorial organs in order to safeguard national interests, social public interests and personal interests and interests of citizens from illegal violation, supervise the state administrative organs in accordance with the law administration, to ensure effective law to implement uniformly. Procuratorial organ in the supervision of administrative law enforcement practice, to solve problems of law enforcement, abuse of power is the most effective way is to strengthen the procuratorial supervision, perfect the administrative law enforcement procuratorial supervision system. This article mainly divides into four parts for administrative law enforcement procuratorial supervision system in his writing. First of all, the reality of the administrative law enforcement in our country at present, the law enforcement present situation analysis study. Second, find out the real law enforcement of the defects in the administrative law enforcement of procuratorial supervision. Again, model the countries outside of the administrative law enforcement of procuratorial supervision system to perfect our administrative law enforcement of procuratorial supervision system to provide the reference. Finally, further perfect our administrative law enforcement of procuratorial supervision system put forward their views.The first part, mainly described the basic theory of administrative law enforcement procuratorial supervision system. including some basic concept of the administrative law enforcement of procuratorial supervision, theoretical foundation and the basis of the constitution and relevant laws. Indicate the procuratorial organ for administrative law enforcement of procuratorial supervision legality and legitimacy.The second part, mainly to the current our country the status quo and characteristics of administrative law enforcement procuratorial supervision system. supervision method and the reasons for the shortcomings was analyzed. Based on the investigation to the present situation, found that is not enough, find out the current our country procuratorial organs of the sticking point of administrative law enforcement of procuratorial supervision.The third part, mainly on the outside of the administrative law enforcement of procuratorial supervision system is analyzed. based on the former Soviet union the administrative law enforcement of procuratorial supervision system, common law countries of British administrative law enforcement of procuratorial supervision system and continental law system country Germany administrative law enforcement procuratorial supervision system are studied, in order to further perfect our administrative law enforcement of procuratorial supervision system to provide the reference.The fourth part, to perfect our administrative law enforcement of procuratorial supervision system countermeasures. through draw lessons from some countries outside of administrative law enforcement procuratorial supervision system of practical experience,combined with the historical experience of our country and our country current actual proposed own some views, including the comprehensive enforcement of the administrative supervision idea, perfecting the administrative law enforcement of procuratorial supervision legislation, perfecting the procuratorial organs of the administrative law enforcement procuratorial supervision measures put forward its own views.