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Research On Inspection And Supervision Of Administrative Illegal Acts

Posted on:2022-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:X J HuangFull Text:PDF
GTID:2556307046999909Subject:Public management
Abstract/Summary:PDF Full Text Request
The procuratorial supervision of administrative violations by procuratorial organs is a major reform initiative promoted by the Party Central Committee.The procuratorial supervision of the implementation of administrative violations can limit the unlimited expansion of the state’s administrative power and promote government agencies to administer in accordance with the law,so as to protect the interests of the country and the people from losses.The procuratorial supervision of administrative illegal activities carried out under the framework of the national public interest litigation system is still in its infancy,and further theoretical explorations in academic circles are urgently needed.At present,there is little research in the field of inspection and supervision of illegal administrative acts in our country.This article mainly uses the research method of case analysis to systematically study the progress and effectiveness of the inspection and supervision of the administrative violations of the procuratorial organs in Changsha,and analyzes its existing problems and the causes of the problems,and finally draws on the relevant experience of foreign countries,and proposes to improve the administrative violations of our country.The countermeasures of the procuratorial supervision system.First of all,on the basis of a detailed review of domestic and foreign research,this research analyzes the differences between the three core concepts of abstract administrative behavior and specific administrative behavior,discretionary behavior and restraining behavior,administrative legal behavior and administrative factual behavior.,And define the administrative illegal behavior studied in this article as the behavior of the administrative counterpart that violates the administrative legal norms.In addition,this study believes that the procuratorial supervision of administrative violations has a legal basis,which can effectively promote administration according to law and save judicial costs,and it is necessary to construct a procuratorial and supervision system for administrative violations.Secondly,this article analyzes five specific cases including the NX City Finance Bureau’s failure to perform duties according to law and the Chang-Zhu Expressway noise pollution case.The study found that focusing on the public welfare field,improving case handling capabilities,and strengthening mechanism construction are the main common measures adopted in the case.Measures.Through the implementation of the above measures,the procuratorate has achieved cross-departmental cohesion and joint work,the pre-litigation coordination has achieved remarkable results,and the quality and efficiency of case handling has been steadily improved.Although the procuratorial supervision of administrative violations in our country has achieved certain results,there are still some problems,such as the unclear definition of the standards for filing and prosecution of public interest litigation,the procuratorial recommendations of public interest litigation are not standardized,and the investigation and verification of evidence is difficult.The main reasons for the above problems are the unclear legal status of the procuratorial organs,the unclear design of the procuratorial organs’ participation in administrative public interest litigation procedures,and the low degree of professionalism of the procuratorial team.In this regard,this research proposes to improve my country’s administrative violation inspection and supervision system based on the successful experience of foreign countries.It is necessary to build a pre-litigation procedure with full communication and open collaboration,build an efficient and standardized administrative public interest litigation system,and improve the administrative system.Safeguard measures for procuratorial supervision of illegal activities.
Keywords/Search Tags:Administrative Violation, Procuratorial Supervision, Case Analysis
PDF Full Text Request
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