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建设法治政府是全面建成小康社会和全面落实依法治国基本方略的重要目标和任务。检察机关作为人民代表大会制度下“一府两院”框架中的法律监督机关,对行政执法活动实行法律监督,是健全和完善国家监督体系的需要,也是建设法治政府的重要保障。本文从一般监督制度及其实践的来龙去脉入手,对检察权监督制约行政权的理论问题进行了历史分析,结合我国当前行政执法中存在的突出问题和检察工作实际,论证了在行政执法中引入法律监督机制的必要性和可行性,探讨了对行政处罚进行法律监督的制度框架。
Building a government ruled by law is an important goal and task of building a well-off society in an all-round way and implementing the basic principle of governing the country according to law. As the legal supervision organ in the framework of the People’s Congress and the People’s Congress, procuratorial organs carry out legal supervision over administrative law enforcement activities, which are the need to improve and perfect the national supervision system and also an important guarantee for building a government under the rule of law. This article starts with the historical background of the general supervision system and its practice, and makes a historical analysis of the theoretical problems of the supervision power of procuratorial power to restrict the executive power. Combining with the outstanding problems existing in current administrative law enforcement in our country and the actual procuratorial work, this paper demonstrates that introducing law into administrative law enforcement The necessity and feasibility of supervising mechanism and the institutional framework of legal supervision of administrative punishment.