论行政执法检察监督制度的构建

Construction of Administrative Law Enforcement of Procuratorial Supervision System

根据我国依法行政的要求和现状,需要建立、健全更加完善的行政执法监督制度体系。行政执法检察监督应当是其中的一个重要制度,检察机关通过行使法律监督权,采取检察建议、支持起诉、行政执法备案、提起行政公诉等监督措施对行政执法实施法律监督。如今,我国的行政执法检察监督制度在理论上已经趋于成熟,实践中也有了较多的成功经验积累,使检察机关和检察权回归法律监督的宪法本位也是正当其时。

According to the requirements and status quo of the government under law in china, it is need to establish and a mend a more perfect monitoring systems administrative legal enforcement. Procuratorate monitoring to Administrative legal enforcement is one institution among this system, the procuratorates could monitor administrative legal enforcement with their legal monitoring power, with monitoring measures of procuratorate proposals, supporting litigations, reserving record of administrative legal enforcement, taking administrative public prosecutions etc. Now, procuratorate monitoring system to administrative legal enforcement is more mature in theories, and there are more successful experiences in practices, so it is the right time to take the Procuratorates and procuratorate power back to their constitution status.