Study On The Supervision System Of Administrative Enforcement Measures

《On the decision to comprehensively advance several major issues concerning the rule of law》indicate:To improve the administrative enforcement measures involving citizens’ personal and property rights and interests,the judicial supervision system shall be implemented.The judicial supervision of administrative enforcement measures includes the administrative trial of the court and the supervision of the procuratorial organ.The procuratorial organ,as the legal supervision organ,is in accordance with the spirit of the decision on the enforcement of administrative enforcement measures involving the personal and property rights of citizens.The procuratorial organ should tighten the spirit of the decision on the supervision of administrative coercive measures,and supervise the supervision of the compulsory measures involving citizens’ personal and property rights and interests.The object of supervision is administrative coercive measure.Take the empirical analysis,the law endows the administrative organs to exercise the administrative compulsory measures the actual situation is analyzed,including the exercise of state and exercise levels,the current administrative compulsory measures lack of supervisory mechanism can play a role,need to further strengthen the supervision of administrative enforcement.As the legal supervision organ,the procuratorial organ supervises the supervision of the executive power by the supervision of the administrative enforcement measures.The procuratorial supervision of administrative coercive measure is a new kind of right relief way.Finally,through the modification of the law of the people’s procuratorates,administrative enforcement law,etc.This paper is divided into four parts.The first part:The introduction.Expounds the background of the procuratorial supervision system of administrative compulsory measure,the current research situation of the system and the research significance,research ideas and research methods,and defining the relevant concepts and categories in the system.The second part:The necessity of administrative compulsory procuratorial supervision.From the particularity of administrative enforcement,the problems existing in the current administrative enforcement measures are analyzed.This paper analyzes the infringement of the rights and interests of administrative counterparts from three aspects: the infringement of the personal rights and interests of the citizens,property rights and the urgency of law enforcement.It points out the deficiency of the current administrative compulsory supervision mechanism.The third part:The legitimacy of procuratorial supervision of administrative enforcement measures.From the three aspects of theoretical foundation,institutional advantage and function orientation,this paper analyzes the legitimacy of the establishment and improvement of administrative enforcement measures.The fourth part:The perfect path of administrative compulsory procuratorial supervision.Clarify the principle and scope of procuratorial supervision.We will improve the mechanism of procuratorial oversight for administrative enforcement measures,and promote the reform of relevant laws and the results of fixed reform by pushing for the foundation of the National People’s Congress authorized trial.