行政公诉权理论依据解构

On Theoretical Basis of Administrative Public Prosecution

从权利救济的理论分析,设立行政公诉的主要目的是为维护社会公共利益的需要;从权力性质的角度分析,行政公诉具有监督行政的性质,应纳入法律监督权的范围。中国具备行政公诉产生的历史条件和组织条件,应建立由人民检察院行使的行政公诉制度。

The mainly purpose of administrative public prosecution is to protect commonweal as viewed from theory of remedy of right. The nature of administrative public prosecution has a characteristic of supervising the action of administrative. Therefore, it should be brought into the scope of legal supervision. There have been historical and organizational conditions to establish a system of administrative public prosecution performed by People's Procuratorate in China.