行政违法行为检察监督程序论

The View on Prosecutorial Supervision Procedure of Administrative Illegal Behavior

行政违法行为检察监督,是检察机关督促行政机关纠正行政违法行为的过程,同时也是国家依法治国的必然结果。作为过程的行政违法行为检察监督,需要法律程序作为载体,而作为依法治国结果的行政违法行为检察监督同样需要程序作为保障。系统研究行政违法行为检察监督程序问题,应主要从该监督程序构造、运行、关联的一般理论进行,进而构建以解决行政违法行为检察监督问题为主旨的监督程序制度规范框架。

The prosecutorial supervision of administrative illegal action is the process that prosecutorial organs supervise the administrative organs correcting the illegal administrative actions, and also is the inevitable result of the state＇s rule of law. As the process of administrative violations of the prosecutorial supervision, and legal procedures need to be used as a carrier, and as the result of the rule of law and administrative supervision,which also need the program as a guarantee. In order to compulsive research the problems of administrative procedure of prosecutorial supervision,which should be mainly from the general theory of construction, operation and connection of the supervision procedure, and constructed in order to solve the problem of prosecutorial supervision of administrative illegal behavior for the purpose of the supervision procedure system framework.