Research On The Allocation Of Administrative Procuratorial Power In China In The New Era

In fully implementing national supervisory system reform as well as the end of the pilot work of the administrative public welfare lawsuit brought by the procuratorates,and the new changes to the "administrative procedural law" formally established administrative public interest litigation system,to reconfigure the administrative procuratorial authority,will be to continue to deepen reform of the judicial system in our country,bring down the procuratorial organs after rights,stripped the functional imbalance,the procuratorial organs to bound the law supervision organs of positioning,adjust the structure of procuratorial functions has the vital significance.In the judicial practice of our country,more and more phenomena about the abuse of administrative power and judicial injustice have been discovered,which has attracted the attention of the state.But at present,the theoretical research on administrative prosecutorial power in China is not enough,which mainly focuses on the prosecutorial supervision of administrative litigation,and there are few studies on the deep-rooted issues related to administrative prosecutorial power.This paper hopes to help optimize the allocation of administrative prosecutorial power by discussing relevant allocation issues under the background of the new era.This paper is divided into three parts: introduction,text and conclusion,of which the text is divided into four chapters.The first chapter is the basic theory of administrative procuratorial work.There are two parts in this chapter.The first part is the overview of administrative prosecutorial power.This paper mainly introduces the meaning,nature and principle of administrative procuratorial power in the new era.The second section introduces the origin of administrative prosecutorial power in China and its related theoretical basis.Chapter two is an investigation of the system of administrative procuratorial power outside China.There are four sections in this chapter.The first three sections respectively introduce the administrative procuratorial power systems of common law countries,civil law countries,independent countries of the former Soviet union and Russia.The fourth section summarizes the enlightenment of foreign experience in China.The third chapter is the analysis of the administrative procuratorial power and its problems.There are two parts in this chapter.The first part is about the operation of administrative procuratorial power in China.This paper introduces the impact of the reform of national procuratorial system on the allocation of procuratorial power in the new era,the supervision of procuratorial power on administrative litigation,the supervision of general administrative,and the establishment of administrative public interest litigation right.Section2 summarizes the five problems in the current our country administrative procuratorial configuration,respectively is general administrative litigation legislation regulations is not sound,the lack of general administrative supervision,operation mode and means of administrative procuratorial authority is limited,the procuratorial organs filed,it is necessary to reform the system of administrative public interest litigation and administrative procuratorial configuration and its institutional setting does not match.The fourth chapter is the consideration of improving the administrative procuratorial power allocation in China.This chapter consists of five sections,respectively from the perfect general administrative litigation legislation,gives prosecutors general administrative supervision,rich administrative prosecution operation mode and means,perfecting the administrative public welfare lawsuit brought by the procuratorates right content,optimize administrative procuratorial institutions,put forward the Suggestions of perfecting our country's administrative procuratorial configuration.