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Research On The Procuratorial Supervision System Of Administrative Law Enforcement In China's Procuratorial Organs

Posted on:2017-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:B MaFull Text:PDF
GTID:2356330512468846Subject:Law
Abstract/Summary:
Legal supervision over administrative law enforcement activities by procuratorial organs constitutes a critical process in constructing a law-based government, promoting law-based administration and all-round development of procuratorial functions. As The Decision of the 4th Plenary Session of the 18th CPC Central Committee marked " Procuratorial organs shall implement their duties and urge administrative organs to rectify their activities on occasion that illegal administrative actions or nonfeasance of their administrative duties are found", it has created unprecedented opportunities for procuratorial organs to strengthen legal supervision over administrative law enforcement activities. It is an important subject to study and solve at the time as to how to implement the deployment and requirements of the Decision as well as to complete supervision mechanism and systems over administrative law enforcement by procuratorial organs. In this paper, the author discusses the further construction and improvement of China’s procuratorial supervision systems over administrative law enforcement through empirical analysis of such practices in Ningxia and comparative analysis of Ningxia practices with that of overseas. The paper consists of an introduction and five parts of elaboration:1st part, expounding basic theories of supervision systems of administrative law enforcement with an emphasis on analyzing legitimacy of establishing such system; 2nd part, analysis of historical development and status quo of China’s procuratorial supervision systems over administrative law enforcement as well as case study of Ningxia practices to make empirical analysis of the development of China’s procuratorial supervision, focusing on current approaches and methods taken by procuratorial organs in supervision and innovations in practices; 3rd part, more in-depth summarize of existing problems of China’s procuratorial supervision and the causes; 4th part, comparative research with supervision and restriction by procuratorial organs over administrative law enforcement activities in other countries thus to explore useful experiences; 5th part, the core of this paper, proposing concrete suggestions towards construction and improvement of procuratorial supervision systems in China, including principles of supervision according to law, limited supervision, modesty and post supervision, especially suggestions in terms of defining legislative status and functions of procuratorial organs in such activities, defining reasonable supervision scope, clearing supervision modes and procedures, setting forth supporting measures, improving working mechanism and setting up specialized institutions.
Keywords/Search Tags:administrative law enforcement, procuratorial supervision, system improvement
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