行政违法行为监督与行政公益诉讼之界限厘定

Determination of the Boundary between Supervision of Administrative Illelgal Acts and Administrative Public Interest Litigation

在行政检察监督框架下,行政违法行为检察监督与行政公益诉讼制度的界限厘定,对新时代检察机关法律监督工作提出了新要求。检察机关应立足于两者的重合点,通过行政主体的监管职责划分,对照权力清单与责任清单,结合现有的法律法规,将行政公益诉讼从行政违法行为检察监督中剥离,厘清两者的界限;通过事前、事中、事后工作机制的衔接将两项监督工作融合发力,建构行政检察监督多元化格局,汇聚检察监督合力。

Under the framework of administrative inspection and supervision,the demarcation between the inspection and supervision of administrative ilgal acts and the administrative public interest litigation system has put forward new requirements for the legal supervision of procuratorial organs in the new era.Based on the overlapping and interweaving points of the two,procuratorial organs should separate public interest litigation from procuratorial supervision of administrative illegal actsand clarify the boundaries between them through the division of supervisory responsibilities of administrative subjets,comparing the list of rights with the list of responsibilities,and combining with existing laws and regulations.By connecting the working mechanism before,during and after the event,the two supervision work will be integrated to construct a diversified pattern of administrative procuratorial supervision and bring together its joint efforts.