行政违法检察监督的范围研究

Research on the Scope of Prosecution Suervision of Illegal Administrative Acts

检察机关对行政违法行为监督的范围经历了一般监督、间接监督、直接监督和公益监督四个阶段,体现了监督范围不断扬弃、逐步优化的发展过程。但从监督实践看,由于法律依据不足、职权范围不清,行政违法检察监督存在权力合法性受疑、权力行使失位失范、监督线索匮乏等问题。因此,当前研究检察机关对行政违法行为的监督范围,需要从以下五个方面予以完善:第一,依法监督,争取早日立法或者全国人大常委会授权;第二,立足职能,遵循检察监督线索履职中发现要求;第三,事后监督,恪守检察与行政的权力界限;第四,重点监督,监督范围应当有所侧重,循序渐进;第五,协同监督,做好检察监督与其他行政监督制度的衔接。

The procuratorate＇s supervision of administrative illegal administrative acts has gone through the stages of general supervision, indirect supervision, direct supervision, public welfare supervision. It embodies the development process in which the supervision scope is gradually optimized. However, due to lack of legal basis and unclear terms of reference, there are many problems in the practice of prosecution of illegal administrative acts, such as doubts about the legitimacy of power, misconduct of power, and lack of supervision cues. Theretore, the current scope of prosecution of illegal administrative acts needs to be improved in the tollowing five aspects： First, supervision according to law, obtaining the legislation or NPC Standing Committee＇s authorization; Second, based on the procuratorial functions, tounding the illegal administrative acts in the process of prosecution; Third, post supervision, adhering to the boundaries of the powers of prosecution and administration. Fourth, the scope of supervision should be toeused on the most important issues in the beginning stage; Fifth, coordinated supervision, looking tor patterns of convergence of the procuratorial supervision and other administrative supervision systems.