Research On The Scope Of Administrative Procuratorial Supervision

“Administration by law” is the administrative policy that our government insists on and implements for many years,and the administrative procuratorial supervision is the system guarantee of this policy.However,it’s a long-standing problem that the legal supervision status of the procuratorial organ is not relative to the function entrusted by the Constitution.The ambiguity and controversy of the scope of administrative procuratorial supervision have further enlarged the current situation of ineffective administrative supervision.In theory and practice,it is urgent to think deeply about how to define the scope of supervision of administrative procuratorial work.The basic idea of this paper is that it makes a clear analysis of the scope of the existing administrative procuratorial supervision and defines the scope of the existing problems on the basis of defining the relevant concepts of administrative procuratorial supervision.Through further understanding of the functions of administrative procuratorial supervision,the article probes into the attributes of procuratorial power and the functions and scope of procuratorial power in administrative power.Combined with the advanced system design of foreign mainstream country ruled by law,the scope of administrative procuratorial supervision is redefined.The general idea of this article will be discussed from four aspects.First,it introduces the historical evolution of China’s administrative procuratorial supervision system and sums up the scope of administrative procuratorial supervision under the current system on the basis of defining the concept of administrative procuratorial supervision.Second,it objectively and comprehensively analyzes the limitations of its existence,and points out all kinds of adverse consequences caused by this limitation on the basis of classifying and summarizing the scope of administrative procuratorial supervision in current administrative procuratorial supervision system.Third,we can inspire and perfect the system of administrative procuratorial supervision in China by studying the theory of advanced procuratorial power in western countries and drawing on the development and trend of its administrative procuratorial system.Fourth,this paper analyzes the disputes about the nature of procuratorial power in China’s academic circles,corrects some inappropriate definitions of procuratorial power by some scholars in the past,and then demonstrates the relationship between procuratorial power and administrative power to provide a solid theoretical basis for redefining the scope of administrative procuratorial supervision.