行政争议诉源治理下的检察类案监督机制构建

Supervision Mechanism Construction for Procuratorial Cases Under the Governance of the Sources of Administrative Disputes

随着检察机关开展行政争议实质性化解工作的深入,行政检察工作方向逐渐由个案总结归纳为类案,以提升化解效率,但同时也面临了诸多问题,包括类案监督无法全面覆盖、对行政自由裁量权的检察监督限度不够明确、类案归纳工作缺乏体系化建设等困境。在分析最高人民检察院2022年发布的典型案例与指导案例的基础上,对行政检察类案监督机制的构建提出了促进检察机关联结效能、妥善处理行政自由裁量权的监督力度、深入推进智慧检务等建议,以促进类案监督的体系化构建,有效实质性化解行政争议,促进行政争议诉源治理。

With the deepening of the substantive resolution of administrative disputes carried out by procuratorial organs,the administrative procuratorial work is gradually summarized as similar cases instead of the previous individual cases,so as to improve the efficiency of resolution.However,it is also faced with many problems such as the lack of comprehen-sive coverage of case supervision,the lack of clear limits of procuratorial supervision on administrative discretion,and the lack of systematic construction of case induction.Based on the analysis of the typical cases and guiding cases issued by the Supreme People's Procuratorate in 2022,suggestions are put forward for the construction of the supervision mecha-nism of administrative procuratorial cases,such as promoting the connective efficiency of the procuratorial organs,prop-erly handling the supervision of administrative discretion,and further promoting the intelligent inspection,so as to pro-mote the systematic construction of case supervision and effectively resolve administrative disputes for the governance of the sources of administrative disputes.