对抽象行政行为的监督与检察权的配置

Surveillance of Abstract Administrative Action and Procuratorial Authority Disposition

我国虽然初步建立了对抽象行政行为的审查体系,但行政法规、规章之外的抽象性行政行为,其数量更多,对公民权利的影响更大,尚处于监督的盲区。一直以来,我国国家权力构建强调的是民主集中性,今后司法改革应充分考虑国家权力之间的相互制约。在违法"红头文件"泛滥的今天,赋予检察机关对抽象行政行为,特别是行政法规和规章之外的抽象行政行为的监督权已是现实使然。

Although the examination system of abstract administrative acts have been initially established in China, the abstract administrative acts beyond the administration regulations and rules are greater in quantity, more influential to civil rights and beyond supervision. Ever since, the democratic centralism has been emphasized greatly in our legal system establishment, the effect of inter-constrain between different rights of state should be well contemplated in legal reformations in the future. As illegal ＂red head documents＂ overflows today, it is pressing to authorize the procuratorates to supervise the abstract administrative acts, especially, those acts which are beyond the administration regulations and rules,.