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On Establishment of Chinese Administrative Public Prosecution System

Author: ZhangZuo
Tutor: ChengYanLei
School: Anhui University
Course: Legal
Keywords: Administrative Prosecution Procuratorial organs System Construction
CLC: D925.3
Type: Master's thesis
Year: 2011
Downloads: 26
Quote: 0
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Abstract


Whether civil law countries, common law countries, for the protection of the public interests of the state and society are given a particular organ of the country (procuratorial organs) must bring an administrative indictment powers. Administrative Prosecution administrative private prosecution, the history of our country once the prosecution filed the the Administrative Prosecution of experience, but due to historical reasons, the current administrative procedural law does not provide for the presence of the Chief Public Prosecution, so in reality due to illegal administrative behavior compromised social and public interests can not get relief. After long-term theoretical dispute, prosecutorial authorities should have the right as a representative of the public interest of the state and society to bring Administrative Prosecution has become the consensus of theorists and practitioners, but the status of the prosecution in the administrative proceedings, entitled litigation rights and obligations as well as The Administrative Prosecution case procedures and other issues not yet formed a unified view. This paper to explore the basic problems of the administrative the indictable system origin, development, theoretical basis, and then build our Chief Public Prosecution System specific proposed some ideas to benefit our Chief Prosecution System. Given the reality of the need for the establishment of administrative public prosecution system in our country, I believe that in the near future and will certainly be legislative attention and concern. Firstly, to study the origin of the Administrative Prosecution, using the method of comparative study, by examining the origin and development of the Administrative Prosecution System of the major Western capitalist countries, as well as the concept of the history of our country for the attitude of the Administrative Prosecution, summed up China's Administrative Prosecution : In the case of no proper plaintiff, the prosecution believes that the executive authorities, in violation of the provisions of relevant laws, infringe on the legitimate rights and interests of citizens, legal persons and other organizations, and damage to the public interest of the state and society, to the Court in accordance with the administrative proceedings, of the court to proceed with the hearing and make the activities of the referee. The Administrative Prosecution is indictable advanced stage of development, and thus has the essential attribute of national public authority, the the established fundamental purpose is to safeguard national and public interests, but in the applicable range has its particularity. The second part of this paper is the legal basis and the practical necessity of the Administrative Prosecution explore. The Administrative Prosecution in Western countries have a mature and profound legal basis, both objective litigation theory, the theory of the separation of powers, or litigation trust theory, have a specific range of reasonable and applicable. China's procuratorial organs the legal oversight attributes, long-term Attorney supervise is limited to entities in the fields of litigation supervision and criminal supervise incomplete legal supervision rights. With the social development, China should learn from the experience of foreign countries, and combined with the properties of the procuratorial organs in China, the prosecution filed the indictment for the power to expand into the field of administrative proceedings. Chief Public Prosecution System established in our country is the balance of powers, the rule of law and the establishment of a government under the rule of law, and an inevitable requirement for the protection of the legitimate rights and interests of citizens, the reality of the need to exist in our country at this stage. The last part of the Construction of China's Administrative Prosecution System conceived. The Administrative Prosecution System in theory should not be limited to, but should be reflected in the legislation. This part of the proposed the Administrative Prosecution design legislation specific ideas, combined with the basic concepts of the first part of the nature of the attributes and characteristics of the Administrative Prosecution, the basic principles of China's Administrative Prosecution, Administrative Prosecution of the scope of the case and jurisdiction, the prosecution of litigation status and duties, as well as a series of procedures to prosecute is envisaged that the proposed modifications of the Administrative Procedure Law, or the judicial interpretation issued two high joint to be provided for the prosecution filed the powers and procedures of the Administrative Prosecution, and eventually established China's Chief Public Prosecution System.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Administrative Procedure Law
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