Research On Procuratorial Supervision Of Administrative Acts

As an integral part of the socialist legal system with Chinese characteristics,administrative supervision has its unique ideas and procedures.Under the background of judicial system reform,although the production of the Supervisory Committee has reconfigured the administrative supervision system and separated the duty crime from the procuratorial organ,it can not be considered that the procuratorial organ has lost its constitutional supervision status.The function of procuratorial organs is to supervise public power according to law.Protecting human rights and restricting administrative power by procuratorial power are the basic guiding ideology of procuratorial supervision of administrative acts.Based on the perspective of due process of law,the separation of investigative power of duty crime from procuratorial organs can make procuratorial organs more neutral in the position of legal supervisor,strengthen the function of legal supervision,and enhance the credibility of the judiciary.Therefore,on the basis of the existing procuratorial supervision system,how to improve the relevant system of administrative behavior supervision,further protect civil rights and restrict administrative power is not only an important exploration of the function orientation and future development of procuratorial organs in the new era,but also an inevitable requirement of comprehensive rule of law.Firstly,under the framework of power system allocation,this paper clarifies the related concepts of administrative behavior procuratorial supervision,the legal basis of administrative behavior procuratorial supervision,and the actual legal basis of administrative behavior procuratorial supervision.Secondly,it inspects the procuratorial supervision system of administrative acts in Britain,the United States,France,Germany and so on.Thirdly,from the aspects of supervision procedures and methods,this paper describes the current situation of China's administrative behavior procuratorial supervision,and objectively analyses the problems existing in China's administrative behavior procuratorial supervision system from the aspects of power allocation and team building.Finally,from the aspects of supervision scope,participation degree,procedure design,supervision effect and so on,it puts forward some suggestions to improve the procuratorial supervision of administrative acts.Based on the perfection of the system,it provides practical suggestions for the procuratorial supervision of administrative acts.