On Prosecutorial Supervision Of Administrative Coercive Measures

Administrative coercive measures are very common in administrative law enforcement activities,and they are mandatory,unilateral and temporary.In the process of administrative law enforcement,enforcement is strong enough to stop violations in a timely manner and ensure the realization of administrative purposes.However,due to these characteristics of administrative coercive measures,the risk of infringement of the basic rights of citizens is formed,and in practice,the administration Organs illegally establish and implement administrative enforcement measures,which translate this potential institutional risk into a real hazard and inflict damages on citizens’ personal and property rights.At present,administrative litigation and administrative reconsideration are the two main approaches for supervising and relieving administrative coercive measures.However,these two supervised methods have their own insurmountable deficiencies.For example,administrative litigation can only supervise administrative coercive measures.The main focus is on the supervision of litigation procedures.The administrative litigation is lacking in effectiveness due to the temporary nature of administrative coercive measures.As far as administrative reconsideration is concerned,the review procedure has been highly judicial,and the supervision of reconsideration has also been lagging.In addition,due to administrative The interference of the interests of the internal departments of the organs is difficult to avoid,which leads to the high retention rate of the reconsideration cases in actual operations,and makes the fairness and objectivity of the institutions subject to social challenges.At present,China is in the process of building a country under the rule of law and advancing the reform process in accordance with the law.At the Fourth Plenary Session of the 18 th CPC Central Committee,in the "Decision of the Central Committee of the Communist Party of China on Comprehensively Promoting a Large Number of Issues Concerning the Administration of the Country According to Law," the "improvement of rights and interests involving citizens,personal and property rights was proposed.The requirements of the judicial supervision system of administrative compulsory measures".The exploration of the procuratorial supervision system for administrative coercive measures was carried out throughout the country.However,there are still controversies in the construction of the system,both theoretically and judicially.How to determine the boundary between the procuratorial power and the administrative power in theory,whether the rationality of administrative coercive measures can be the object of supervision,etc.In practice,there are also problems such as the lack of a clear legal basis,the lack of rigid supervision means,and the inability of the procuratorial agency to obtain timely information on the implementation of administrative enforcement measures.Based on the existing research results,this paper tries to put forward some ideas for constructing the procuratorial supervision system of administrative coercive measures by analyzing and studying the difficulties in supervision of administrative coercive measures and the advantages and theoretical basis of prosecutorial supervision over administrative coercive measures.The first part of this article introduces the illegal risks and regulatory difficulties of administrative enforcement measures.There are three aspects of administrative coercive measures that violate the law.They are: compulsory and restrictive administrative coercive measures,and temporary infringement of citizens’ basic rights;administrative coercive measures have been set up excessively;The main body of the implementation of measures is complicated and prone to illegal activities.The basic characteristics of administrative coercive measures determine its invasiveness.In practice,a large number of measures are designed to make it more prone to flooding.Coupled with the complexity of the implementation of the main causes of prone to illegal implementation,these have strengthened the supervision of administrative coercive measures The necessity.However,there are some difficulties in the supervision process.First,for external agencies,it is difficult to know in a timely manner whether administrative coercive measures exist in the process of implementation.Second,traditional supervision methods have a certain lag.Compared with the effectiveness of political coercive measures,Natural defects.The second part of this paper introduces the motivations and theoretical basis for the reform of procuratorial supervision of administrative coercive measures.The lack of supervision of administrative coercive measures,the flaws and inadequacies of existing supervision mechanisms,and the separation of the original functions of the procuratorial organs and the expansion of legal supervision functions have promoted the development of the procuratorial supervision system of administrative coercive measures.For the theoretical basis of the procuratorial supervision system of administrative compulsory measures,the article mainly discusses the legal basis,theadvantages of procuratorial organs supervision,and the practical value of procuratorial supervision.The third part of this paper introduces the practical exploration and dilemma of the procuratorial supervision system of administrative compulsory measures.At present,there are relatively few pilot units and cases that specifically focus on procuratorial supervision of administrative coercive measures.However,from a few practical explorations,it can be seen that the inspection and supervision system of administrative coercive measures mainly involves macro and micro institutional exploration.On the macro level,the standing committees of local people’s congresses will usually issue normative documents or the government and the procuratorial organs will jointly issue documents and provide guidelines and specifications for the supervision and inspection of administrative law enforcement so as to facilitate the supervision of procuratorial work.Microcosmically,procuratorial organs throughout the country have made explorations and attempts to monitor the specific procedures of administrative coercive measures.The dilemma of inspection and supervision of administrative compulsory measures includes both theory and practice.The theoretical difficulties mainly include how to determine the boundary between the administrative power and the procuratorial power and the scope of prosecution supervision.The dilemma in practice is mainly the lack of specific systems,such as problems such as inadequate legal basis,lack of full-time staff,and lack of rigid supervision means.On the basis of the foregoing content,the fourth part tries to propose some ideas for the construction of a procuratorial supervision system for administrative coercive measures,including the principle of procuratorate supervision of administrative coercive measures,the scope of supervision,the supervision procedures,the supervision methods,and the related protection mechanisms.