Analysis On Procuratorial Supervision Of Administrative Non-litigation Execution

Administrative non-litigation enforcement is an important part of China's enforcement system.It fully reflects the organic integration of legislative power,executive power and judicial power.But in judicial practice,after applying for compulsory enforcement by the court,the administrative organs still have difficulties in accepting but not accepting cases,filing cases but not filing cases,incomplete review,neglecting execution,and inadequate execution.There are situations in which the administrative organ should sue without prompting,or the court has ruled that the administrative organ will enforce it but the administrative organ will not enforce it.Procuratorial organs are the legal supervision organs of the country.In March 2011,the Supreme People's Court and the Supreme People's Procuratorate issued joint regulations.Clarifying that the procuratorial organs shall exercise legal supervision over the activities of the people's courts in the execution of administrative judgments,rulings,administrative mediation and administrative decisions,On this basis,the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China formally establish the legal supervision of administrative enforcement activities including prosecution of administrative non-litigation from the legal level.The Supreme People's Procuratorate issued the“People's Procuratorate's Administrative Procedural Supervision Rules(for Trial Implementation)”,which details the procedural organs' enforcement of administrative non-litigation enforcement.According to statistics,in 2019 alone,procuratorates nationwide accepted more than 22,484 administrative non-litigation enforcement supervision cases.However,due to the relative lack of relevant laws and regulations,a single source of leads for supervision cases,incomplete coverage of procuratorial supervision points,lack of rigid supervision methods,inadequate relief after supervision,and the urgent need to improve supervision capabilities,It severely restricts the current implementation of administrative non-litigation inspection and supervision and affects its effectiveness.Based on the analysis of scholars at home and abroad,adhere to the relevant theories of administrative non-litigation enforcement procuratorial supervision.Summarizing the status of prosecutorial supervision of administrative non-prosecution execution by the national procuratorial organs,analyze the results achieved in terms of the source of the case,the area of supervision,the focus of supervision,coordination and cooperation,and technological support.Based on the data and practice status of the case,digging deeper into the constraints that limit supervision,There are problems such as insufficient macro laws and policies,incomplete supervision,lack of rigidity and inadequate case sources,as well as mismatches between the setting of administrative procuratorial institutions and the capabilities of administrative personnel from a micro perspective.The existence of these problems directly affects the realization of the administrative procuratorial function,It has profoundly affected the integration and promotion of the relationship between the procuratorial power,administrative power and judicial power.Based on this,a game theory is introduced and two weights are compared to explore the game strategy between the three powers in an attempt to find the optimal solution.From the perspective of globalization,the overall planning is carried out and the objectives and specific criteria for optimizing the administrative non-litigation procuratorial supervision are clearly defined.Put forward specific measures from the macro,meso and micro levels,striving to achieve the rule of law,efficiency,comprehensiveness,security and professionalization of supervision.