检察机关有权对有违法行使职权或者不行使职权行为的行政机关进行监督,纠正其违法行为并督促其依法履行职责。当前行政违法行为检察监督机制面临着诸多困境,主要涵盖以下三点:即行政违法行为检察监督的监督范围难以确定、监督体制与方...检察机关有权对有违法行使职权或者不行使职权行为的行政机关进行监督,纠正其违法行为并督促其依法履行职责。当前行政违法行为检察监督机制面临着诸多困境,主要涵盖以下三点:即行政违法行为检察监督的监督范围难以确定、监督体制与方式上存在障碍以及监督界限不易把握。完善行政违法行为检察监督机制应从两方面考虑,一是解决目前理论与实践所初步探索出的监督困境所在,二是根据监督机制的实践运作提出未来之展望。The procuratorial organs have the right to supervise administrative organs that have illegally exercised their powers or failed to exercise their powers, correct their illegal acts, and urge them to perform their duties according to law. The current procuratorial supervision mechanism for administrative violations faces many difficulties, mainly including the following three points: the scope of supervision for procuratorial supervision of administrative violations is difficult to determine, there are obstacles in the supervision system and methods, and the boundaries of supervision are not easy to grasp. Improving the procuratorial supervision mechanism for administrative violations should be considered from two aspects: first, addressing the current dilemma of supervision that has been explored in theory and practice, and second, proposing future prospects based on the practical operation of the supervision mechanism.展开更多
文摘检察机关有权对有违法行使职权或者不行使职权行为的行政机关进行监督,纠正其违法行为并督促其依法履行职责。当前行政违法行为检察监督机制面临着诸多困境,主要涵盖以下三点:即行政违法行为检察监督的监督范围难以确定、监督体制与方式上存在障碍以及监督界限不易把握。完善行政违法行为检察监督机制应从两方面考虑,一是解决目前理论与实践所初步探索出的监督困境所在,二是根据监督机制的实践运作提出未来之展望。The procuratorial organs have the right to supervise administrative organs that have illegally exercised their powers or failed to exercise their powers, correct their illegal acts, and urge them to perform their duties according to law. The current procuratorial supervision mechanism for administrative violations faces many difficulties, mainly including the following three points: the scope of supervision for procuratorial supervision of administrative violations is difficult to determine, there are obstacles in the supervision system and methods, and the boundaries of supervision are not easy to grasp. Improving the procuratorial supervision mechanism for administrative violations should be considered from two aspects: first, addressing the current dilemma of supervision that has been explored in theory and practice, and second, proposing future prospects based on the practical operation of the supervision mechanism.