Analysis on the Connotation of Prosecutorial Supervision of Illegal Administrative Actions
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DOI: 10.25236/ICFIL.2019.025
Corresponding Author
Zhang Xiantao
Abstract
Administration by law is the only way to build China under the rule of law. It is the division of labor, supervision and cooperation mechanism between administrative power and prosecutorial power on the basis of constitution to carry out prosecutorial supervision on administrative illegal ACTS from the perspective of prosecutorial power. The operation of administrative power is externalized into the making of administrative ACTS. The prosecutorial power realizes legal supervision over illegal administrative ACTS through "prosecutorial" and standardizes the exercise of administrative power. In their relationship, they always follow the constitutional principle of "division of labor and responsibility, mutual cooperation and mutual restriction". From the perspective of administrative prosecutorial supervision, in-depth study, on the one hand, is conducive to improve the special legal supervision system, optimize the administrative power supervision and control mechanism, to promote administrative organs to provide guarantees for the administration according to law. On the other hand, its ultimate purpose is to provide a strong legal guarantee for better safeguarding citizens' legitimate rights and interests and public interests.
Keywords
Administrative illegal ACTS; prosecutorial supervision; legal basis; procedural system