论行政执法的检察监督

On the Procuratorial Supervision over the Administrative Enforcement

当前行政机关对于涉嫌犯罪的刑事案件“以罚代刑”的现象相当严重,因而加强对行政执法活动的检察监督势在必行。为此,需要修改《人民检察院组织法》,赋予检察机关对限制、剥夺人身自由的行政强制措施和行政处罚活动进行法律监督的权力,确立刑事先理原则,并构建完善的行政执法监督机制。

At present, the phenomenon of ＂substituting fines for punishment＂, the administrative authorities＇ usual practice of criminal cases, is quite serious. So, it becomes urgent to strengthen the supervision of the procuratorial organs over the administrative law enforcement. For that purpose, we need to revise the ＂People＇s Procuratorates Organization Law＂, endowing the procuratorial organs with the power of supervising the administrative authorities＇ activities of coercion and punishment, which usually will restriet or deprive the liberty of citizens. We also need to establish the principle of criminal case first, and establish a sound mechanism for supervising the administrative enforcement.