Construction Of Procuratorial Supervision System For Administrative Illegal Acts

Procuratorial supervision over administrative violations is a special supervision activity that procuratorial organs perform their legal supervision duties in accordance with the constitution,laws and relevant policies,and directly urge administrative organs to correct their illegal exercise of power or failure to exercise their power through the preparation and issuance of procuratorial suggestions and other measures.It is an important part of the state power supervision system,and plays an important role in standardizing the operation of administrative power,preventing job-related crimes,and relieving civil rights.At present,the procuratorial supervision system for administrative violations is still in the stage of exploration and construction,in which some problems have existed,such as the improper intrusion of the procuratorial supervision power of administrative violations into the administrative power,the overlapping jurisdiction between the procuratorial power and the supervisory power under the same administrative violation,the confusion between the administrative procuratorial power and the procuratorial power of public interest litigation,and the differences in the main functions of procuratorial supervision of administrative illegal acts and administrative reconsideration administrative litigation under specific circumstances.The Russian administrative procuratorial system,which is composed of the procuratorial supervision of law enforcement by administrative organs,the procuratorial supervision of administrative violations by natural persons and the procuratorial supervision of administrative proceedings,can supervise general normative documents while strictly abiding by the procedural and non final nature of legal supervision,and has rich means of supervision,which has important reference value for the construction of the procuratorial supervision system of administrative violations in China.The procuratorial supervision of administrative illegal acts is a procedural supervision of administrative substantive acts,which does not interfere with the operation process of administrative power,does not produce the substantive punishment effect of administrative acts,and can be supervised against general administrative normative documents.The object of supervision is public officials,while the object of procuratorial supervision of administrative illegal acts is administrative acts,including the anti-corruption law enforcement activities of supervisory organs.As a power supervision mechanism,the procuratorial supervision of administrative illegal acts is not affected by the existence of the parties’ relief rights in principle,but the procuratorial supervision of administrative illegal acts is also a "special right relief mechanism",and its operation mode can be distinguished according to the different situations of the parties’ relief rights.In addition,the procuratorial organs should also solve the problem of lacking legal basis,explore advanced experience,enrich procuratorial forces,strengthen theoretical exploration,and promote the steady and rapid development of procuratorial supervision over administrative violations.