An Empirical Analysis Of The Scope Of Administrative Prosecution In China

As an important part of China’s procuratorial system,administrative procuratorial system mainly derives from the reference and development of the "general supervision" system in the procuratorial system of the former Soviet Union in the initial stage of China’s procuratorial system,from the "general supervision" on whether the State Council departments,local state organs at all levels,state organ staff and citizens comply with the law to the "general supervision" limited to the judgment results of administrative litigation Supervision,and now the administrative public interest litigation system with strong development momentum,has experienced a difficult development process from comprehensive supervision to partial security,and then to slow expansion.With the continuous expansion of administrative power,the impact of administrative power on civil rights is increasingly in-depth.How to put administrative power into the cage of the system has become a topic of the times.Under the traditional supervision of the people’s Congress,judicial supervision and internal supervision of administrative organs,the abuse of administrative power has not been effectively controlled.Whether the procuratorial organ of "one court" in the "one government,two courts" can take on the important task as the legal supervision organ stipulated in the constitution depends on the operation of the administrative procuratorial system.The procuratorial power has a profound theoretical basis for the supervision and restriction of administrative power.Lenin’s theory of legal supervision is the guiding ideology and theoretical basis for the establishment of China’s procuratorial system.The western theory of separation of powers and checks and balances has a good reference for the further development and improvement of China’s administrative procuratorial system.Since the founding of the people’s Republic of China,the practice of administrative prosecution in China has never stopped exploring.The procuratorial organ has a very deep practical basis for the administrative litigation activities,the administrative organ’s law enforcement behavior,the issued normative documents and even the supervision of the administrative organ’s staff on illegal crimes.However,due to various subjective and objective reasons,the development of the administrative procuratorial system in China is still very slow.There are still disputes about the legal nature of the procuratorial power in the theoretical circle,and there is no consensus on the scope of administrative procuratorial as the basic issue of administrative procuratorial.We should further emancipate our minds,scientifically define the scope of administrative procuratorial work,clarify the legal basis and scope of the procuratorial supervision of specific administrative acts,strengthen the procuratorial work of administrative non litigation enforcement,explore and establish the system of administrative public prosecution based on the system of administrative public interest litigation,develop and improve the system of administrative procuratorial work,the mechanism of supervision and restriction of administrative power,and the structure and promotion of state power The modernization of national governance system and governance capacity is of great practical significance.From the perspective of the relationship between procuratorial power and administrative power,combined with the practice of administrative procuratorial work in a province,this paper explores the basic theory of administrative procuratorial work in China,the dispute and definition principle of the scope of administrative procuratorial work,the empirical investigation and improvement path of the scope of administrative procuratorial work in China.The introduction part mainly includes the research starting point,domestic literature review and research methods,etc.It introduces the development and current situation of the administrative procuratorial system,and classifies and summarizes several main aspects of the current administrative procuratorial research in China.The second chapter is the basic theory of administrative procuratorial system.First of all,it analyzes the legal attributes of procuratorial power in detail from three aspects:Administrative attribute,judicial attribute and legal supervision attribute.It puts forward the viewpoint of insisting on the constitutional position of the legal supervision organ of procuratorial organ,emphasizing the legal supervision attribute of procuratorial organ,and attributing procuratorial power to legal supervision.Then it analyzes the theoretical basis of our country’s administrative prosecution from three aspects: the theory of state power relations under the system of the people’s Congress of China,the theory of Lenin’s legal supervision and the theory of the separation and balance of three powers in the West.Through combing and analyzing the development of the three theories,it expounds the theoretical basis of the administrative prosecution in detail.The third chapter is the dispute and the principle of defining the scope of administrative prosecution.This paper combs three theories about the definition of the scope of administrative prosecution in the theoretical circle,and makes a brief analysis;then it establishes four principles of the definition of the scope of administrative prosecution.The fourth chapter is the empirical investigation and practical dilemma of the scope of administrative prosecution.From the four aspects of administrative litigation prosecution,administrative public interest litigation,specific administrative action prosecution and abstract administrative action prosecution,combined with the actual work of administrative prosecution in the whole country and a province,the main contents of administrative prosecution are systematically introduced,and the problems existing in the scope of administrative prosecution are briefly analyzed.The fifth chapter is a comparative study of the scope of administrative prosecution.After investigating the current situation of administrative prosecutions in China,combined with the characteristics of administrative prosecutions in China,this paper makes a comparative introduction of the scope of administrative prosecutions in Russia,the United States,France and other representative countries,and briefly analyzes the reference significance of foreign administrative prosecutions to China.The sixth chapter is about the perfection of the scope of administrative prosecution.This chapter is the part of countermeasures and suggestions.Based on the reality of administrative procuratorial work and from the perspective of changing the concept of supervision,this chapter puts forward the following aspects to promote administrative procuratorial work: emancipating the mind,changing the concept of supervision,improving the legal basis of specific administrative acts,strengthening the procuratorial supervision of administrative execution through non litigation,expanding the scope of administrative public interest litigation,and promoting the establishment of administrative public prosecution system In order to provide some feasible references for the innovation and development of administrative procuratorial work.By using the methods of literature analysis,comparative analysis,systematic analysis and empirical analysis,this paper systematically combs and analyzes the theoretical origin and practical situation of the administrative procuratorial system in China,and finally puts forward four suggestions to improve the scope of the administrative procuratorial system in China.The administrative procuratorial system probes into the supervision of the procuratorial power over the administrative power as the state power,which enriches and perfects the procuratorial system with Chinese characteristics,perfects the power structure of our country,safeguards the civil power and boosts the country.