Value Goals and Institutional Framework for the Establishment of Administrative Public Prosecution in China
2017-12-29 16:59:36 Source:Social Sciences in China Press Author:Sun Qian 访问量:

  Sun Qian

  Supreme People’s Procuratorate

  Abstract:Since China is now in a stage of social transition that displays a high occurrence of social conflict and interest disputes, strict adherence to the rule of law and ensuring the correct exercise of administrative power is the best strategy for preventing, reducing and properly managing social risks. Structural defects have meant that the institutional function of public prosecution has not been given full rein. The establishment of administrative public prosecution should thus become an important option for the improvement of administrative legal proceedings. It would have value in a multitude of ways, including monitoring and promoting the exercise of administrative functions according to law, guiding the creation of civil society, and resolving social conflicts, and it is also a necessity for the improvement of China’s procuratorial system. The establishment of administrative public prosecution should be designed at the conceptual level, the institutional level, and so on.

  Keywords: public administrative prosecution, governance according to law, procuratorial power, checks and balances

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