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Governance Studies ›› 2022, Vol. 38 ›› Issue (6): 115-123.

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The Classification of Administrative Procuratorial Suggestions

Xie Zhiyong, Wang Xiaoshu   

  • Received:2021-06-05 Online:2022-11-15 Published:2022-12-22

Abstract:

Currently, the administrative procuratorial suggestion is the most direct focus of administrative procuratorial power, the most professional expression of administrative procuratorial work, the most efficient supervisory path, and the most standardized supervision instrument. In practice, administrative procuratorial suggestions have some flaws. They can have unclear legal positioning, unscientific classifications, non-standard applications, insufficient coercive force, and are often mixed with other legal documents, making it difficult to fully exploit their institutional benefits. To address these issues, it is necessary to clarify the legal positioning of each administrative procuratorial suggestion and follow the purpose of its legal supervision. Administrative procuratorial suggestions should also be divided into three types based on the degree of harm caused by administrative actions: “preventive,” “reactive,” and “emergency,” and each should have design, differentiated rules that apply. Their comprehensive effectiveness can also be improved by standardizing their system of construction, by determining their applicable conditions and scope, and by strengthening collaboration between the People's Procuratorate, the People's Congress, the Supervisory Committee, and other agencies.

Key words: administrative procuratorial, procuratorial suggestions, legal supervision, classification

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