我国检察权制约行政权的制度构建

The Establishment of a System for Procuratorial Powers Supervising Administrative Power

在我国,检察权与行政权具有同等的宪法地位。检察权理应有效制约行政权,但现实中,受各种因素的影响,检察权制约行政权的实效远不尽如人意。我国检察权制约行政权有其理论基础、宪政基础、实践基础、文化基础,也顺应国际潮流。检察权要通过对行政权运行的程序控制和结果审查以及实行检察一体化、实现检察官的职业化、专业化和明确检察机关的具体行政监督职权来保障有效制约行政权的实现。

In China, procuratorial power and administrative power own equal status on constitution level. Procuratorial power should have effectively supervised the administrative power. In fact, the result is far from what it is supposed to be because of many factors. In China, there are theoretical base, constitutional base, practice base and cultural base and international popularity for procuratorial power to restrict administrative power. To provide effective restriction, Procuratorates must put procedural control and result examination on administrative actions. Meanwhile, it also needs to carry out procuratorial integration, make procurators professional and make its supervisory duties clear.