民事、行政诉讼检察监督法律制度的缺陷及其立法建议

Flaws of Supervision System of Prosecution for Civil and Administrative Litigation and Its Legislative Proposals

我国现行的民事、行政检察监督制度存有明显的缺陷与漏洞,从职权上看,检察机关的监督权力缺失,缺乏对民事、行政案件进行立案监督的条文规定;从监督范围来看,检察机关的监督范围过窄,不利于监督权的行使等。针对现行制度存在的不足,只有尽快从立法上解决民事行政检察工作所面临的窘境和困难,赋予检察机关相应的民事审判监督权和行政诉讼监督权,完善民事审判监督和行政诉讼监督程序,才有可能真正实现检察机关对民事审判活动和行政诉讼的有效监督。

There are obvious flaws in our country＇s current supervision system of prosecution for civil and administrative litigation. For instance, from the point of authority, there is no stipulation about supervising civil and administrative case registration which results in procurator agency＇s shortage of supervising power; and procurator agency＇s supervision scope is rather limited which is not beneficial for the exercise of supervising power. In the light of the flaws of the present system, predicament and difficulty confronting civil and administrative prosecution work must be solved based on case registration, give corresponding fight of civil trial supervision and right of administrative litigation supervision to procurator agency, improve the supervising procedure of civil trial supervision and administrative litigation, in order to achieve effective supervision for activities of civil trial supervision and administrative litigation by procurator agency.