The Concept Pedigree and Operation Mechanism of Procuratorial Supervision of Administrative Illegal Acts
"Procuratorial supervision of administrative illegal acts"is a new concept put forward in the 18th National Congress of the Communist Party of China,which refers to the direct supervision of procuratorial organs over the implementation of legal activities by administrative organs.It is in line with the original intention of legal supervision.The purpose of procuratorial supervision of administrative illegal acts is to transform the institutional advantages such as the integration and specialization of procuratorial organs into governance efficiency,and its clues can come from both"inside the litigation"and"outside the litigation".It can be based not only on the need to protect personal interests,but also on the need to safeguard public interests.Compared with the traditional procuratorial supervision function,procuratorial supervision of administrative illegal acts has its specific operation mechanism.To start the supervision,we should follow the principle of complementarity and coordinate the relationship with other national supervision mechanisms.In examination,we should abide by the principle of limitation and should not be involved in the law enforcement process of administrative organs and the exercise of administrative discretion.In terms of effectiveness,we should adhere to the principle of procedure and do not have the right of substantive disposition and final decision on administrative acts.
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