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我国现行的民事、行政检察监督制度存有明显的缺陷与漏洞,从职权上看,检察机关的监督权力缺失,缺乏对民事、行政案件进行立案监督的条文规定;从监督范围来看,检察机关的监督范围过窄,不利于监督权的行使等。针对现行制度存在的不足,只有尽快从立法上解决民事行政检察工作所面临的窘境和困难,赋予检察机关相应的民事审判监督权和行政诉讼监督权,完善民事审判监督和行政诉讼监督程序,才有可能真正实现检察机关对民事审判活动和行政诉讼的有效监督。
In our current civil and administrative procuratorial and supervisory systems, there are obvious defects and loopholes. From the perspective of their functions and powers, the procuratorial organs lack the supervision power and lack the provisions of filing and supervising civil and administrative cases. From the scope of supervision, the procuratorial organs The scope of supervision is too narrow, not conducive to the exercise of supervisory power. In view of the shortcomings of the current system, we should only provide the procuratorial organ with the right to supervise civil judiciary and the right to administrative litigation as soon as possible from the legislative standpoint of settling the dilemma and difficulty faced by the civil administrative procuratorial work, improve the civil trial supervision and administrative litigation supervision procedures It is possible to truly realize the effective supervision of procuratorial organs on civil trial activities and administrative litigation.