检察机关对行政执法活动开展法律监督探索与思考.pdfVIP

Exploration and Thinking of the Procuratorial Organs Legal Supervision of Administrative Law Enforcement Activities Abstract Administrative law enforcement is one of the forms of administrative power. At present, the supervisory types of administrative law enforcement include NPC(National Peoples Congress) oversight, administrative litigation, administrative reconsideration, social supervision, etc. These supervisory types play a positive role in standardizing administrative law enforcement activities in their respective areas. Nevertheless, due to the limited powers of the primary supervisory bodies, remits are too broad, supervisory measures lack rigidity, and supervisory procedures are cumbersome and costly and the internal supervision may bring about self-policing, which itself brings blind spots and difficulties to the supervision of the administrative law enforcement. As the state organ for legal supervision mandated by the Constitution, the legal supervision of the Peoples Procuratorate has the characteristics of procedure correcting, external and transcendent ,initiative and wholly processing, which gives it natural advantages in conducting the supervision of the administrative law enforcement activities. However, the legal supervisory right to the procuratorial organs has long been restricted to judicial supervision, which lead to controversy and doubts when they supervised administrative law enforcement activities. The author focuses on the necessity of the procuratorial supervision in the administrative law enforcement