On The Procuratorial Supervision System Of Administrative Compulsory Measures In China

Compulsory administrative measures is a necessary administrative act,can be effective in stopping illegal acts to ensure the realization of the purpose of administration;but at the same time,in the process of applying administrative compulsory measures,there are also violations of legal procedures,abuse beyond the scope and time limit.Replacing administrative penalty with administrative compulsory measures seriously infringes on citizens’ personal and property rights and interests,so it is necessary to supervise them.As the national legal supervision organ determined by the Constitution,the procuratorial organ carries out the supervision of administrative compulsory measures.It can not only make up for the shortcomings of other supervision methods,but also give full play to their professional advantages and better safeguard the legitimate rights and interests of administrative counterparts.The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China has entrusted new reform tasks to procuratorial organs.That is,to exercise procuratorial supervision over administrative compulsory measures.The Fourth Plenary Session of the Nineteenth Central Committee of the Communist Party of China,taking into account the current situation of administrative law enforcement in China,emphasized the need to strengthen supervision over the implementation of laws and ensure that the legitimate rights and interests of citizens,legal persons and other organizations are effectively guaranteed.In recent years,all parts of our country actively carry out the construction of the procuratorial supervision system of administrative compulsory measures,but there are many disputes and problems about the construction of the system in theory and judicial practice.In theory,the principle of procuratorial supervision is not clear,whether the rationality of administrative compulsory measures should be included in the scope of supervision is not conclusive;in practice,there are also some problems,such as the absence of legal norms,the imperfect mechanism of case source discovery and the imperfect guarantee mechanism.Therefore,how to build the procuratorial supervision system of administrative coercive measures is a very worthy of study.This paper first discusses the basic theory of procuratorial supervision of administrative coercive measures.After analyzing its legal basis and legal basis,it discusses its systemadvantages and value orientation,and demonstrates the necessity of procuratorial supervision of administrative compulsory measures,it provides theoretical support for the subsequent construction of the system.The necessity of procuratorial supervision of administrative coercive measures is mainly reflected in the following four aspects: the shortcomings of the existing supervision mechanism,the characteristics of administrative coercive measures,the anomie operation of administrative compulsory measures,and the macro-requirements of the legal supervision system with Chinese characteristics.Secondly,from the history of procuratorial supervision of administrative coercive measures,the background of the times and explore the status quo of three aspects of the system of practical exploration analysis.The status quo of the exploration of the system can be summed up in two aspects: Local legislatures issue normative documents or procuratorial organs and administrative organs jointly issue normative documents to guide and deploy the procuratorial supervision of administrative compulsory measures in principle;on the other hand,some procuratorial organs in some areas have made some positive attempts to explore the specific system of procuratorial supervision of administrative compulsory measures,including supervisory bodies,principles of supervision,sources of cases,ways of supervision,effectiveness guarantee and so on.Thirdly,the main problems existing in the practice of procuratorial supervision of administrative compulsory measures are sorted out.The study found that the main problems in the practice of exploration are as follows: First,the principle of procuratorial supervision is not clear.It can not play the role of standardizing and guiding supervision activities;second,the absence of legal norms of procuratorial supervision,incomplete legal basis,uncertain scope of supervision,lack of rigid means;third,the procuratorial supervision case source discovery mechanism is not perfect;fourth,the mode of procuratorial supervision is not appropriate;fifth,the procuratorial supervision and protection mechanism is not perfect.Finally,in view of the current problems of procuratorial supervision of administrative compulsory measures,this paper puts forward feasible suggestions.Firstly,the principles of procuratorial supervision should be clarified,including the principles of limited supervision,supervision according to law and timely supervision;secondly,by providing legislative safeguards,determine the scope of procuratorial supervision and improve the way ofprocuratorial supervision,establish and improve the legal system of procuratorial supervision;thirdly,by giving procuratorial organs the right to file and review,establishing a cooperative mechanism and introducing public participation,optimize the source discovery mechanism of procuratorial supervision of administrative compulsory measures;fourthly,we should build a "three-combination" supervision mode,that is,the combination of process supervision and result supervision,the combination of human supervision and matter supervision,and the combination of case supervision and case supervision;fifth,by giving procuratorial organs the necessary power of investigation and verification and establishing special supervisory bodies,procuratorial supervision can be effectively guaranteed.