Research On The Procuratorial Supervision Of Administrative Non-litigation Execution

Procuratorial supervision of administrative non-litigation execution is an important way to strengthen legal supervision and an important measure of the reform of the rule of law.It not only supervises the justice of the court,but also supervises the administration of administrative organs according to law,which is of great significance to coordinate the relationship between judicial power and administrative power.However,the theoretical research on the procuratorial supervision of administrative non-litigation execution is not systematic,and the level of research needs to be further improved.It is particularly important that there is a disconnect between theory and practice in the study of procuratorial supervision over the implementation of administrative non-litigation,with legal theorists focusing on the study of the functional value and legislative aspects of procuratorial supervision over the implementation of administrative non-litigation,judicial practitioners focus on the difficulties in the implementation of procuratorial supervision of administrative non-litigation.Therefore,there is still a lot of research possibility and space for the improvement of the administrative non-litigation execution supervision execution.Administrative non litigation enforcement can be understood as a simple procedure of "The government suing the people",which refers to the system that the administrative organ applies to the court for enforcement.Only when we master the real content and characteristics of "The official suing the people" can we approve the connotation and extension of the administrative non-litigation execution procuratorial supervision,therefore,it is necessary to make clear the internal motivation,practical motivation and system motivation of administrative non-litigation execution procuratorial supervision.Based on the combination of literature research and on-the-spot investigation,this paper lists the situation and practical experience types of procuratorial supervision of administrative non litigation execution.Through the use of procuratorial organs’ intranet information and unified business application system to find cases,and case comparison,this paper analyzes the four dilemmas in the supervision mode,the source of cases,the strength and the quality of supervision.Then,in the face of the problems,one by one to explore,summed up the lack of relevant laws and regulations,lack of supervision mechanism,lagging behind the concept of supervision,supervision methods behind the four major causes of the dilemma.Finally,this paper puts forward the idea of strengthening the procuratorial supervision system of administrative non-litigation execution,starting with the principle,procedure,mode and scope of procuratorial supervision,clarifies the system design,and sums up four suggestions from the four aspects of premise,foundation,key and guarantee,which are perfecting the legislative provisions,perfecting the working mechanism,enhancing the quality and innovating the working methods,in order to draw a new direction for the blueprint of procuratorial supervision of administrative non litigation enforcement,promote it to a new level,stride a new journey,and promote the all-round development of the “Four major procuratorial organs”.