Procuratorial organs in the national governance system: organizational environment and legal theory structure

Liang Hongfei

Chapter 4 in Renmin Chinese Law Review, 2023, pp 83-113 from Edward Elgar Publishing

Abstract: China is regarded as an active country because the central government has a grand vision and a unified theoretical system to transform the society. The implementation of national policies is one of the basic contents of governance. In view of the huge governance scale, regional differences and social and economic transformation caused by the vast territory, ‘Administrative Subcontract’ has become the inevitable choice in the form of governance in China. However, the policy implementation path of contracting at various level of governments and concretizing policies level by level also derives the negative effect that some local governments may make their own decisions deviating from the what the policy intends to achieve. Hereto, no matter the routine examination within the administrative system, or the intermittent active management, cannot play an important role in the ideal sense of correction, therefore formed a local dilemma of ‘cure little and bring more turbulence’ in some area. Under the functional context of policy-implementing judiciary, the procuratorial organs, as the legal supervision organs specially designed by the Constitution of our country, should make a difference. It needs to promote the unified implementation of the national policy by correcting the administrative violation and repairing the legal order. However, due to the restriction of organizational environment and the problem of inconsistent coordination and balancing of powers, the procuratorial organs adopt the non-competitive strategy. In this regard, it is of crucial significance to reshape the legal supervision system, which is in response to the needs of national governance in the new era.

Keywords: Asian Studies; Law - Academic (search for similar items in EconPapers)
Date: 2023
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