行政检察建议的类型化建构

The Classification of Administrative Procuratorial Suggestions

行政检察建议是行政检察权最直接的着力点,是检察监督最专业的表达方式,也是目前最高效的监督路径与最规范的监督工具。但在实践中,行政检察建议一直存在定位不清晰、分类不科学、适用不规范、效力不明确等问题,难以充分发挥应有的制度优势。针对这些问题,宜厘清行政检察建议的法律定位、遵循其法律监督的目的,以行政行为危害程度为标准将行政检察建议分为“预防型”“反应型”和“应急型”三种类型,并分别设计差异化的适用规则。在此基础上,对行政检察建议进行规范化的制度建构,探明其适用条件和范围,加强人民检察院与人大、监委等机关的联动协作,以期全面提升行政检察建议的治理实效。

Currently,the administrative procuratorial suggestion is the most direct focus of administrative procuratorial power,the most professional expression of administrative procuratorial work,the most efficient supervisory path,and the most standardized supervision instrument.In practice,administrative procuratorial suggestions have some flaws.They can have unclear legal positioning,unscientific classifications,non-standard applications,insufficient coercive force,and are often mixed with other legal documents,making it difficult to fully exploit their institutional benefits.To address these issues,it is necessary to clarify the legal positioning of each administrative procuratorial suggestion and follow the purpose of its legal supervision.Administrative procuratorial suggestions should also be divided into three types based on the degree of harm caused by administrative actions:“preventive,”“reactive,”and“emergency,”and each should have design,differentiated rules that apply.Their comprehensive effectiveness can also be improved by standardizing their system of construction,by determining their applicable conditions and scope,and by strengthening collaboration between the People's Procuratorate,the People's Congress,the Supervisory Committee,and other agencies.