行政违法行为的检察监督范围探析

Analysis of Procuratorial Supervision Range of Administrative Violation

作为研究行政违法行为检察监督的理论起点,检察权的法律性质有待厘清。检察机关对行政违法行为的监督范围大体经历了起步、发展和完善三个阶段,而各地规范性文件对行政违法行为的检察监督范围表现各异,处于各地各办的状态。针对行政违法行为的检察监督主要存在范围边界不清、各种监督之间的界限不清、检察监督范围各异等现实困境,需要遵循与行政违法行为检察监督范围相适应的原则、勘定检察监督与其他监督的边界、确定检察监督的具体范围和重点领域,从而促进我国法治政府建设的同时实现行政检察监督制度的同步构建。

As the theoretical starting point of studying procuratorial supervision of administrative violation,the legal nature of procuratorial power should be cleared. Procuratoratorial supervision range of procuratorial organ to administrative violation generally has experienced starting,developing and perfecting stages. The procuratorial supervision range of administrative violation that was written in regulated documents and practical treatment are different from place to place. Based on the difficulty of obscure boundary on procuratorial supervision range of administrative violation,unclear limit among kinds of supervision and different procuratorial supervision range,principles that match procuratorial supervision range of administrative violation should be followed,the boundary between procuratorial supervision and other supervision should be cleared and the concrete procuratorial supervision range and important fields should be confirmed so as to both promote the construction of a law-based government and achieve synchronous building of administrative and procuratorial supervision.