论文部分内容阅读
我国宪法将检察权定位于法律监督权,这种宪法上的优势定位为检察权介入行政权提供了政治上的正当性。当前公共利益遭受严重损害的现状亟待创设和构建对行政违法进行检察监督的新型方式,为检察机关监督行政违法提供了现实合理性。行政违法检察监督制度适应了行政执法实践,成为维护法律统一实施、促进依法治国的有力保障。本文主要从宪政和法理两方面阐述了行政违法的检察监督制度之理论依据。
The constitutional procuratorial power in our country is located at the power of legal supervision. This constitutional advantage position provides the political justification for procuratorial power to intervene in administrative power. The current situation of the public interest being seriously damaged is the urgent need to create and build a new way of prosecutorial supervision of the illegal administrative act, providing realistic and reasonable for the procuratorial organs to supervise the administrative illegal. The system of procuratorates and supervision over administrative violations of law has adapted to the practice of administrative law enforcement and has become a powerful guarantee for the unified implementation of laws and the promotion of governing the country according to law. This article mainly elaborates the theoretical basis of the prosecutorial supervision system of the administrative violation from both the constitutional and the legal aspects.